Tennessee Firearms Association, Inc.
Legislative Action Committee

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Republican Party House Caucus

After the less than triumphant 2011 Legislative session in the Tennessee House under the leadership of Speaker Beth Harwell, it appeared that perhaps the rank and file House Republicans realized the impact that their "omissions" had had on the firearms owners of Tennessee who helped put them into office.  On July 13, 2011, Rep. Gerald McCormick (House Republican Caucus Leader) released a letter to caucus members in which he announced the creation of the "Republican Caucus Firearms Issues Task Force" (for the House of Representatives).  That letter provides (with some emphasis added)

On July 14, 2011, TFA sent an email to all members of the Republican caucus task force as well as to House leaders and Lt. Gov. Ron Ramsey.  That communication outlined the issues that TFA has focused on during the last 16 years and also the issues on which we had prioritized some legislative focus.  

Recently, TFA was asked if we had looked forward to progress with Republican control of state government in 2011 as a "perfect storm" and by most respects one could say that in 2010 that was the perspective and hope for 2011.  TFA had hope that the years of promises from the Republican leadership would materialize.  Indeed, Tennesseans have been told by Speaker Harwell that the House Republican Caucus is 100% for the Second Amendment.  But, sadly, we knew from her own votes that this could not be true.  We can look at what was introduced and failed to pass in 2011 in the House to gauge the factual accuracy of her assertion.  We can now look back at 2011 and assess that the predicted "perfect storm" was perhaps a drizzle at best.  It does have to be viewed with remembrance of who is in leadership.  At this point, we can look forward with caution to 2012 to see if 2011 was a mere oversight or whether it was an intended disregard of prior political promises.

Nevertheless, as the July announcement of the House Republican caucus task force was made, the announcement itself gave some evidence that Rep. McCormick was aware of 2011, the response of Tennessee's gun owners to the 2011 legislative events, and the need to take seriously the task of evaluated state law in light of the constitutionally protected rights of citizens.  TFA realized that the actions of this task force concerning how seriously it undertakes the task of removing infringements and enabling law abiding citizens to purchase, own, possess, carry, use, hunt with and recreationally enjoy firearms as well as the actions of the Republican Caucus in response to the task force's anticipated report would be a benchmark for the 2012 legislative session as well as the 2012 elections.  

The initial meeting of the task force was cancelled almost immediately after the chairman of the task force was arrested in Nashville on DUI charges and also charged with possession of a handgun while under the influence of alcohol.  Most unfortunate from many perspectives.  

News reports (e.g., Chattanooga Times Free Press) initially indicated that Rep. McCormick was going to cancel the task force.  Then, within a few days, news reports stated that Speaker Pro Tempore Judd Matheny, who has a solid record supporting Second Amendment rights, had offered to chair the task force and continue with the mission.  It was said that the task force would meet at some point after Thanksgiving.  Although TFA's leadership had been in contact with ALL task force members, none of them notified TFA's leadership that the task force had scheduled a meeting for Monday following Thanksgiving.  One TFA director received a call sometime on Sunday perhaps less than 24 hours prior to the meeting and was able to make arrangements to be there.  However, there was NO general notice that the task force was meeting and it was poorly attended.  It was not video streamed.  It met briefly and was only partially attended by those appointed to serve on it.  It has been reported that one or more additional meetings should be held.  This effort, at this point, pales in comparison to the kinds of meetings that were held back in the 1996 time frame when the Speaker's office directed that the House Judiciary actually conduct hearings and a study on fixing the handgun permit law.

So, as mid-December is upon us, the constitutionally based conservatives in Tennessee, Tennessee's firearms owners, and those who had worked to place perceived conservatives in office, the image of what 2012 might bring is starting to emerge like a prophecy from the fog of the future and it seems disappointingly reflective of what happened in the Tennessee General Assembly in 2012.  Perhaps that is exactly the commandment coming from the Speaker's office and from some of the others in leadership.

Rather than a year of legislative success, 2012 may well turn into a year where once again constitutionally based conservatives will be looking for candidates in primaries and general elections who will - independent of party designation - honor, uphold and respect not only the constitutions but the rights that these constitutions themselves recognize as pre-existing and otherwise established.

A word of clarification –– there are some members of the legislature, including some in leadership, who feel that TFA and gun owners are being unfair on Republicans.  They assert that the Republican caucuses are the "best friend" of Tennessee's conservatives, gun owners and even TFA.  By "best friend", they may really mean "better than the Democrat caucus".  It is perfectly clear by their own actions which individuals in the General Assembly and other parts of state government are truly conservatives who take the oath to uphold the Constitution - all of the Constitution - as a bedrock on which the sacrifices of public service and stewardship must be based.  It is also abundantly clear which individuals in state government are not "100%" behind the Second Amendment and instead use it perhaps as nothing more than a part of the campaign "toolkit" to get and keep political power.

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GUN SHOW PROMOTER DECLARES "GUN SHOW LOOPHOLE" EXISTS

This week, the Tennessean and local news stations have been giddy with reports that a former gun show promoter and Second Amendment advocate has announced that there is in fact a "gun show loophole" and has asserted that the State of Tennessee must take steps to close it.

Actually, the law is clear that there is no "loophole".  What some people are falsely calling a "loophole" is actually the application of what is commonly referred to under both federal and state law as the "casual sale exception."  Under the law, individuals and entities who are "in the business" of dealing in firearms are required to have a federal firearms license.  Under the law, only those individuals who are federally licensed can and are required to do "Brady" background checks when they make retail sales of firearms to individuals or entities that do not have federal dealer licenses.   As part of the law, the policy decision was made and has existed for a long time that there is no constitutional ("commerce clause") or policy basis to require private citizens who are not "in the business" of dealing in firearms to perform formal background checks when they transfer (including sales, trades and gifts) personal firearms.  

The gun show loophole is frequently cited by gun-control groups as a basis to end or more heavily regulate gun shows. The gun control advocates claim that guns are sold at shows without the required background checks and/or that criminals often use these shows to acquire guns illegally.  However, gun shows are regulated in the same manner as all other gun sales. Federally licensed firearms dealers, who by far are the actual sellers of the firearms at gun shows, are required by law to perform the Brady / FBI background checks before selling them a firearm to an individual.  This requirement applies no matter where the sale takes place - including gun shows.  As noted above, those who are not firearms dealers (licensed or unlicensed) are not required to perform the background check.  Consequently, if a private individual wants to sell their gun collection, he or she can rent a table at a gun show (if the promoter allows unlicensed individuals to rent tables) and they are subject to the same laws as if they sold the gun online, in a newspaper ad, to a hunting buddy or at a garage sale.

Gun control groups suggest that criminals prefer to get guns at gun shows and that closing the "loophole" is really just good crime prevention.  However, government statistics actually prove that the number of criminals who get guns at gun shows is statistically insignificant.  Bureau of Justice statistics show that less than 0.7% of criminals get their guns at gun shows.  In the statistics, most criminals (78.8%) get their guns off the street or from family members.  So, the real target, the primary victim of the "gun show loophole" claims are the law-abiding gun owners and enthusiasts.

This week's news reports proclaim that former gun show promoter, Bob Pope, is himself proposing that there is a "gun show loophole" and that the State of Tennessee needs to pass legislation requiring that all individuals who do not have a federal firearms license would be prohibited from selling personal firearms at or about gun shows unless they do a TBI background check on the proposed purchaser. It raises the question of whether this is sadly more 2nd Amendment infringements from a former promoter or perhaps just a means of protecting the financial interests of those licensed dealers who pay gun show promoters for tables?

It is interesting that on one of the TV news reports, the other person interviewed was a gun store owner - someone who might benefit at a gun show from eliminating or minimizing the ability of private citizens to engage in "casual sales". Chris Tenpenny at Nashville Sporting Arms apparently supports Bob Pope's idea that the casual sale exception which has been a part of federal law since, well since federal law starting regulating the sales of firearms, should be amended to require that all sales of guns by individuals must go through background checks - at least if the individual wants to sell a personal firearm in or at a gun show.

Channel 5 news in Nashville ran this story:



Similarly, the Tennessean newspaper reported this week that Bob Pope has met with Congressman Jim Cooper (oh, another noted supporter of the Second Amendment) to discuss his proposal to close the "loophole".  Gail Kerr, of the Tennessan, reported in her column:


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John Harris
Executive Director
Copyright,  Tennessee Firearms Association, Inc. 2011

Copyright, John Harris 2011
P.O. Box 198722, Nashville, TN 37219
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Used by permission.

David

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Well, we've all known Pope to be full of more shit than a Christmas turkey & this certainly proves it, IMO. It's nice to see how he's overlooked the DOJ & FBI studies that show the vast, vast majority of thugs & criminals buy their guns "hot", i.e. stolen rather than at gun shows. But Pope never has allowed the facts to get in his way before, why should he stop now?

As of right now, I'm not sure I will be attending any further TFA meetings that Pope is present at.......................    

Bob, I have a feeling that after this, he'll get a worse reception that both Mike McWherter & Adam Dread combined.  

David

And rightfully so, IMO. I've heard some crazy assed stuff come from his lips thru the years but this one certainly takes the prize on the looney bin, IMO. He'll be a pariah among TN gun owners once word gets around some more. I hope he had no further plans for his radio show and/or newspaper..............    

Well, at least he can go hang out with Leonard Embody! Birds of a feather...

"If I was a criminal and I wanted to buy a high powered glock I would go to the Gun Show," said Pope.



that's all i could get to and had to stop. way to go, bob. way to go.

David,

Thanks for posting this. It makes it much easier for me to keep up with what goes on at 'home' while I'm away.