Image Credit: Tennessee State Library and Archives & Canva
The Tennessee Conservative [By Olivia Lupia] –
A House Joint Resolution sponsored by Representative Jay Reedy (R-Erin-District 74) aimed at restricting the ability of the legislature to regulate the wearing of firearms has been scheduled for the House Civil Justice Subcommittee for Wednesday, Feb. 26.
HJR0053 would strike language in current law that allows the legislature to “regulate the wearing of arms with a view to prevent crime,” simply leaving the wording as, “citizens of this state have the right to keep and bear arms.”
As this resolution signals intent to amend the state constitution, it must pass through the General Assembly with a simple majority this year followed by a 2/3 majority next session before being referred to the ballot. Should the HJR pass through both legislative sessions, it could be voted upon by the public during the 2026 gubernatorial election, as amendments may only be referred during years with a Governor’s election.
The proposed amendment does not have any action in the Senate, meaning it has not yet been filed for introduction in that chamber. It could be that Senators are awaiting the results of the subcommittee meeting before proceeding with an introduction as they would not file if the bill were killed.
It has gained an additional three House sponsors, Reps. Clay Doggett (R-Pulaski- District 70), Jake McCalmon (R- Franklin- District 63), and Brock Martin (R- Huntingdon- District 79), but does not show a Senate sponsor, which would also account for a lack of action on the Senate side.
To contact members of the House Civil Justice Subcommittee with thoughts on HJR0053, please see the information below:
Rep.lowell.russell@capitol.tn.gov, rep.elaine.davis@capitol.tn.gov, rep.andrew.farmer@capitol.tn.gov, rep.johnny.garrett@capitol.tn.gov, rep.gloria.johnson@capitol.tn.gov, rep.tom.stinnett@capitol.tn.gov, rep.chris.todd@capitol.tn.gov, rep.ron.travis@capitol.tn.gov
2 Responses
I have two serious concerns about this amendment.
1st – At a glance, this amendment appears to strengthen our right to keep and bear arms, it actually diminishes the right.
2nd – This proposed amendment is not properly published to the people as required by Art XI, Sect 3
On the 1st point, the amendment deletes the phrase “for their common defense.”
Why does the phrase “for their common defense” matter?
In an 1840 Tenn. Sup. Ct. case Aymette v. State, our Tennessee Supreme Court stated;
The word “common,” here used, means, the right of keeping and bearing arms in the defence of the public.
Citizens may keep arms to protect the public liberty, to keep in awe those who are in power, and to maintain the supremacy of the laws and the constitution.
As the object for which the right to keep and bear arms is secured is of a general and public nature, to be exercised by the people in a body, for their common defence, the arms the right secures are usually employed military equipment.
If the citizens have these arms in their hands, they are prepared in the best possible manner to repel any encroachments upon their rights by those in authority. They need not, for such a purpose, the use of those weapons which are efficient only in the hands of the robber and the assassin. These weapons would be useless in war. They could not be employed advantageously in common defence of the citizens.
The words “bear arms,” too, have reference to their military use.
The 28th section of our bill of rights provides “that no citizen of this State shall be compelled to bear arms provided he will pay an equivalent, to be ascertained by law.”
Here we know that the phrase has a military sense, and no other; and we must infer that it is used in the same sense in the 26th section, which secures to the citizen the right to bear arms.
To bear arms in defence of the State is to employ them in war, as arms are usually employed by civilized nations.
What this proposed amendment does is it sets the stage for subsequent legislation to ban certain types of arms.
If that is not the intent of this proposed amendment, then what harm is there to amend the proposed amendment, adding back “for their common defense?” If you don’t want to add that back now, evidences the true intent, which is to diminish our right to keep certain types of firearms.
If that is the case, it is not within the power of these houses to do so. It is excepted from the powers of government to diminish rights enumerated in Article I Declaration of Rights. See Art. XI, Sect. 16
This amendment is also not properly published to the people. The amendment reads;
BE IT FURTHER RESOLVED, that this resolution proposing such amendment be published in accordance with Article XI, Section 3 of the Constitution of Tennessee by posting such amendment on the official website of the Secretary of State and on the official website of the General Assembly.
Black’s Law Dictionary defines “publish” as follows;
Publish. To make public; to circulate; to make known to the people in general. To issue; to put into circulation. Black’s Law Dictionary Fifth Edition
Publish, 1. To distribute copies (of a work) to the public. Tenth Edition
Very few citizens take time to browse either the General Assembly or Secretary of State websites. Common sense should tell you, that the strong majority of citizens of the State of Tennessee have never visited either the General Assembly or Secretary of State websites.
To “publish” is to circulate; to make known to the people in general, to distribute copies to the public. Posting proposed amendments to the state constitution on the General Assembly and Secretary of State websites, IS NOT circulating, making known to the people in general, or distributing copies to the public.
I would agree with you sir. That is why the GOA is suing the state of Tennessee. It is an infringement of our Constitutional right “to bear arms”. You should run for governor again. I voted for you the last time. The Tennessee legislator is filled with nothing but Rinos and demonrats. There are a few outstanding members that are willing to work for us. “We the People.” The people of Tennessee better wake up before it’s too late.
In God we trust not government or man.
Have a blessed day.