Tennessee Firearms Association, Inc.

Legislative Action Committee

"Wait 2 or 3 years . . . ."

We have received a lot of questions, expressions of concern and a fair amount of anger about
reports that some in the 107th General Assembly (a/k/a the current Tennessee Legislature)
have expressed the opinion, particularly to 2nd Amendment supporters and firearms owners,
that "we" should not come and ask for any more changes in Tennessee's gun laws for "2 or 3
years . . . ." Although this 2 year legislative session is about to commence, this sentiment has
already generated what appears to be a lot of dissatisfaction and even anger with those who
now control the leadership in the 107th General Assembly.

Reportedly, 2010 marked the first time since the War of Northern Aggression (a/k/a the "Civil
War") when the Republican Party has been in clear control of the General Assembly and the
office of Governor. Note, I am not saying that this is the first time that conservatives have
been in control since it is commonly accepted that there are those who are labeled
Republicans who are not core, constitutional conservatives.

Some would argue and it is likely true that core constitutional conservatives including gun
owners, NRA members, TFA members, Eagle Forum, Tea Party members, and others who
are members of one or more predominately core conservative value organizations are the
instrumentalities that brought about the revolt and changes in 2010. Certainly, it was not the
mainstream Republican party since it has remained under the control of the same segment of
individuals, such as Lamar Alexander, Bob Corker, Howard Baker, Bill Frist, etc., for quite
some time. Indeed, had it been the maintstream Republican party, then why 2010? Why not
2000, 1996, 1994, 1988 or any other even numbered year since the War of Northern
Aggression? What changed in 2010 was the uprising of numerous core conservative
grassroots organizations which had frankly had enough of the "2 Party" system and their
respective leaderships.

Those who have come into State public office as a result of the 2010 elections will take oaths
as a condition precedent to service. These oaths, insofar as the 107th General Assembly is
concerned, as mandated by Article X of the Tennessee Constitution which provides, in
relevant part:

§ 1. Oath of office

Every person who shall be chosen or appointed to any office of trust or profit under
this Constitution, or any law made in pursuance thereof, shall, before entering on the
duties thereof, take an oath to support the Constitution of this State, and of the United
States, and an oath of office.
§ 2. Oath of office; general assembly

Each member of the Senate and House of Representatives, shall before they proceed
to business take an oath or affirmation to support the Constitution of this State, and of
the United States and also the following oath: I .......... do solemnly swear (or affirm)
that as a member of this General Assembly, I will, in all appointments, vote without
favor, affection, partiality, or prejudice; and that I will not propose or assent to any bill,
vote or resolution, which shall appear to me injurious to the people, or consent to any
act or thing, whatever, that shall have a tendency to lessen or abridge their rights and
privileges, as declared by the Constitution of this State.

Thus, the members of the 107th General Assembly must take an oath (the integrity of which
we will measure by their actions) which requires them to

• support the Constitution of Tennessee

• support the Constitution of the United States
• refuse to support any bill or resolution that would appear to be injurious to the people
• consent to any act or thing, whatever, that shall have a tendency to lessen or abridge
[the peoples'] rights and privileges
Support of the respective constitutions means that they will support laws that are
constitutionally sound but perhaps of equal importance that they will actively work to repeal,
amend or replace laws that are adverse to either constitution.

In addition, the use of the term "consent" would carry with it the knowing tolerance of existing
laws or regulations which would "have a tendency to lessen or abridge [the peoples'] rights
and privileges." Thus, under this Oath, a legislator is affirming to the citizens of the State of
Tennessee that they will act to cleanse and repeal statutes, rules and regulations which have
the "tendency" to "lessen or abridge" the rights and privileges of the people as guaranteed by
the Tennessee Constitution and, by extension through the support clause, the united States
Constitution.

Against this Oath, we can examine what is implied or intended by the phrase "wait 2 or 3
years . . . ."

What does that phrase mean in the context of the Oath? Are these legislators making the
suggestion that our laws - those of interests to firearms owners, 2nd Amendment advocates,
civil rights advocates and constitutional conservatives - are clearly within the framework of
both constitutions at the present but that in "2 or 3 years" things will probably change for the
worse and when they do the General Assembly will deal swiftly with them then? No, that
would clearly be a silly assertion for we know better.

Are they saying "wait 2 or 3 years" because we, as the General Assembly, have already
bestowed significant attention to these issues in the past few years and we, the General
Assembly, think that it would be better received by the news media and the general public if
we spent our time and resources on other topics - any topics other than firearms or 2nd
Amendment rights. Bills such as these might be in need of preferential review:
 • HB 0026 by Hardaway Firearms and Ammunition - As introduced, creates various gun
show offenses, including prohibiting any person who is not a licensed firearms dealer
from transferring a firearm to another person if any part of the transfer takes place at a
gun show or within 1,000 feet of a gun show. - Amends TCA Title 39, Chapter 17.
• HB 0099 by Hardaway Animal Control - As introduced, requires all owners of
dangerous, vicious, and wild animals to secure minimal liability insurance of $100,000
within 60 days from the date the owner knows or should reasonably know that the
animal is a dangerous, vicious, or wild animal. - Amends TCA Title 39 and Title 44.
It is not real clear what some members of the 107th General Assembly intend when we hear
the phrase "wait 2 or 3 years ...." so, let us examine that concept.

It would seem that the priority of legislation should in most instances place somewhere near
the top those bills which address the very core foundations, protections, rights and principles
that are central to the two (2) constitutions at issue. Thus, topics which address the
protections or infringements of rights and privileges guaranteed by the Bill of Rights should
take priority. Topics which address the limits and relationship between the State and the
union government (10th and 14th Amendment issues) need priority. Topics such as funding
government and the proper scope of powers of State and local government need attention.
Topics such as the preservation and restoration of citizenship rights and privileges (including
illegal immigration) may deserve priority. Topics such as the access to public natural
resources need attention. Topics such as the swift, certain and adequate punishment of
criminals (that is, the State's police power) require attention. Truly, there are many issues
which are properly before the General Assembly and, sadly, too many which are a waste of
time and resources because of their apparent silliness if nothing else.

But the issue is what compels some members of the General Assembly in addressing
specifically those issues which are guaranteed by Article I, Section 26 of the Tennessee
Constitution and the 2nd Amendment to the united States Constitution (now by virtue of the
14th Amendment and the McDonald decision) to declare that these fundamental issues
should "wait 2 or 3 years ...." Are we being told that this category of rights that are expressly
protected by both constitutions were not intended to be included when they took their
Constitutional oaths of office? Are we to accept that these constitutional protected rights are
somehow less significant than whether individuals who own "dangerous" animals have
$100,000 liability insurance?

So, when it comes to the rights which are protected by the State and federal constitutions,
how do those, who take an oath to uphold and protect the constitutions, to defend the
consitutions and to be intolerant of any bill or current law or regulation which is injurious to the
rights to protected justify tolerating presently unconstitutional laws for "2 or 3 years"? Many
do not because they do not, at the core, place the Oath and what it stands for as the compass
of their public service or the litmus by which they test proposed legislation as well as existing
statutes and regulations. Indeed, too many in public sevice even end up at public expense in
prison because they disregard - or never even took seriously - the Oath.

Perhaps about the only answer they can give when they tell us to wait is perceive political
expediance before an electoriate which is sadly ignorant of the Constitution, of civics and
which increasingly care only about whether they get more from government than they are
required to contribute to its function. These public officials might also be concerned that
some news reporter will not understand the existence or function of the Constitutions and
thereby may malign them in the press for spending "too much" time on "guns" much as we
have seen over the last 15 years.

Ultimately, the point is that the General Assembly, being fully elected by the people, should
be the champion first and foremost of the duty to protect the constitutionally recognized and
protected rights of the citizens. Slapping those in the face who brought them to power should
not be lightly accepted and if persistent should result in the clear and unequivocal removal
from office as soon as the opportunity presents.

Some might say that those of week continence or conviction relative to constitutional rights
should not be placed in a positions of public trust. Others might saw that we, the citizens,
choose our masters and if we choose fools - so be it.

Cesare Beccaria noted:

False is the idea of utility that sacrifices a thousand real advantages for one imaginary or
trifling inconvenience; that would take fire from men because it burns, and water because one
may drown in it; that has no remedy for evils except destruction. The laws that forbid the
carrying of arms are laws of such a nature. They disarm only those who are neither inclined
nor determined to commit crimes. Can it be supposed that those who have the courage to
violate the most sacred laws of humanity, the most important of the code, will respect the less
important and arbitrary ones, which can be violated with ease and impunity, and which, if
strictly obeyed, would put an end to personal liberty... and subject innocent persons to all the
vexations that the guilty alone ought to suffer? Such laws make things worse for the assaulted
and better for the assailants; they serve rather to encourage than to prevent homicides, for an
unarmed man may be attacked with greater confidence than an armed man. They ought to be
designated as laws not preventive but fearful of crimes, produced by the tumultuous
impression of a few isolated facts, and not by thoughtful consideration of the inconveniences
and advantages of a universal decree.

We sadly do not see evidence of such wisdom in the function of modern legislatures. We
must, as citizens, strive to force this concept on those who strive to public service but who do
not already hold such a doctrine as a core principal on which public policies should be
founded.

Nashville Chapter meeting 1-18-11

Nashville Chapter is scheduled to meet on Tuesday, January 18, 2011

Meeting time is 7:00 p.m. to 8:00 pm

In addition to discussion of the new legislative session, there will be a point/counter-point

discussion of Permitted (Bob Pope) vs. Permit-less Carry (Andrew Asnip).

Some points to be discussed include:

•Arizona/Alaska style carry

•Vermont style carry (and the differences among them)
•Tennessee's style of permit
•Reciprocity
•Qualification requirements - good or bad

Arrive early - 5:00 to 5:30 would be good. Eat in the meeting room if possible and if not, get
as close as you can. We will try finishing eating by 7:00 in the meeting room to clear out
everything but drinks for the meeting if we have a large turnout.

Location: Golden Corral Hermitage

315 Old Lebanon Dirt Rd
Hermitage, TN 37076
(615) 874-1313

IT IS IMPORTANT TO PAY AT GOLDEN CORRAL AS YOU COME IN FOR THE MEETING

IF YOU ARE EATING. TELL THEM THAT AT THE CASH REGISTER THAT YOU ARE
THERE FOR THE MEETING AND TO APPLY THE "GROUP RATE" WHICH INCLUDES
YOUR DRINK.

You do not have to be a TFA member to attend nor do you have to be a resident of Nashville.
Everyone is welcome and encourage to bring guests - even spouses.

I want to encourage each of you to bring someone with you to the meeting who has not been
to one or been to one recently. There's no cost to come (unless you eat because the meal is
on you).

Shelby Chapter Meeting 1-20-11

The Shelby County Chapter of the Tennessee Firearms Association will meet Thursday,
1/20/11, at 7:00 PM at Range USA:

http://www.rangeusa.com/
2770 Whitten Road in Memphis. Please support Range USA every chance you can! They
support TFA.

The District Attorney's Office has scheduling conflicts, however, will meet with us at a future
meeting. We will discuss our legislative goals and strategies for this year. For one, I'd like to
discuss contacting businesses that post and work to overcome the ignorance and bigotry
against carry permit holders.

Although we always welcome new TFA Members, you DO NOT have to be a member to
attend our meetings.

In Liberty,

Pat McGarrity

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Executive Director