Senator Joey Hensley, MD

2023 Session of the 113th General Assembly

In Tennessee, We Protect the 2nd Amendment

From self-defense to recreational use, protecting the use of firearms in the 2nd Amendment is a Tennessee tradition. In the time I’ve served in the General Assembly, we have passed many laws to solidify our commitment to the 2nd Amendment.

This year, we passed legislation I sponsored to protect firearm and ammunition manufacturers. This new law provides civil liability protection to firearm and ammunition manufacturers to prevent them from being held responsible for illegal acts carried out by criminals using their products. In 2005, the Federal Protection of Lawful Commerce and Arms Act was passed with the intent to protect firearms and ammunition manufacturers from frivolous claims. However, these types of lawsuits have been allowed in state courts, and this new law ensures those lawsuits never happen in Tennessee.

The bill does maintain citizens’ ability to file legitimate claims against bad actors. According to the Tennessee Department of Economic and Community Development, Tennessee is #1 in the nation for employment in the firearms industry with nearly 8,000 jobs and a $1.1 billion impact to the state’s economy. This law will help protect the 20 firearm and ammunition manufacturers in the state and the Tennesseans they employ.

Another recently-passed law protects gun owners by preventing a state or local entity from creating a registry to keep record of who possesses firearms in Tennessee. It defines “registry” as a record of possession or ownership by non-governmental individuals or entities and provides that violation of this measure would result in a Class E felony as well as a loss of funding from the state for the following fiscal year and any subsequent years that the violation occurs.

In 2021, the General Assembly passed a law that strengthens Second Amendment rights by making it clear state and local officials must not enforce laws, treaties, executive orders, rules or regulations of the U.S. government that violate the U.S. and State Constitutions. It affirms that they are null, void and unenforceable in Tennessee. The statute provides that any official found in violation is subject to ouster, unless they are otherwise excepted by the State Constitution.

The General Assembly also approved legislation during the 2021 legislative session allowing Tennesseans to exercise their constitutional right to carry firearms without a permit, while cracking down on criminals who steal guns or possess them illegally. The law allows law-abiding citizens in Tennessee who are at least 21 years old or are honorably discharged or active in the U.S. Armed Forces, National Guard or Reserves to carry a firearm without a permit in a place where they are lawfully present.

Those who carry without a permit must have no felony convictions, orders of protection in effect, pending charges or convictions for domestic violence or stalking, or have been adjudicated as mentally defective. In addition, individuals convicted of two DUI offenses within the last ten years or one in the last five years are not eligible, as well as federal prohibitions which include illegal aliens and fugitives from justice.

The legislation also increases penalties for firearm-related crime to promote public safety. That includes increasing the penalty for theft of a firearm to a Class E felony, providing a sentencing enhancement for theft of a firearm in a car and increasing the sentences for unlawful possession of a firearm by violent felons, among others.

Tennessee is and will remain one of the most pro-gun states in the country. The Second Amendment is a cornerstone of our democracy, and ensures our citizens’ right to defend themselves, their families and their property. The General Assembly is steadfast in its commitment to preserving this constitutional right, and will continue to explore - in the upcoming legislative session and beyond - legislation that reflects this priority.

Contact Senator Hensley at

425 5th Avenue North, Suite 746

Nashville TN 37243

615-741-3100

Toll Free 1-800-449-8366

ext. 13100

Fax 615-253-0231

855 Summertown Highway

Hohenwald TN 38462

Phone 931-796-2018

Cell Phone 931-212-8823

E-mail:

[email protected]