Tennessee House Bill HJR0038

Tennessee 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/12/23
• Refer: 2/21/23
• Refer: 3/1/23
• Refer: 3/6/23

Caption

A RESOLUTION to propose an amendment to Article I, Section 26 of the Constitution of Tennessee, relative to the right to keep and bear arms.

Impact

If passed, this constitutional amendment would impact the legal framework surrounding gun rights in Tennessee. By eliminating the state's ability to regulate the wearing of arms, supporters argue that it strengthens individual rights and aligns the Tennessee Constitution more closely with the principle of personal liberties. This change could influence the enforcement of existing laws related to firearm regulations and restrict the authority of state lawmakers to impose limitations on how firearms are carried in public.

Summary

House Joint Resolution 38 (HJR0038) proposes an amendment to Article I, Section 26 of the Tennessee Constitution regarding the right to keep and bear arms. The current language states that citizens have the right to bear arms for their common defense, while allowing legislature to regulate wearing arms to prevent crime. HJR0038 seeks to simplify this provision by removing the phrase that grants the legislature power to impose regulations on how arms are worn, thus reinforcing the individual's right to keep and bear arms solely for their personal defense.

Contention

The proposed amendment has generated discussion and controversy amongst legislators and advocacy groups. Proponents of HJR0038 perceive it as a necessary affirmation of civil liberties concerning the right to bear arms. On the other hand, opponents express concerns that removing the ability of the legislature to regulate carrying arms might lead to increased risks of gun violence and public safety issues. There is also apprehension that this amendment could undermine established regulatory frameworks intended to protect citizens from potential gun-related incidents.