Commentary: Senate Republicans protect Second Amendment

This week, Senate Republicans advanced measures to protect constitutional rights, improve public safety and help Tennesseans with disabilities. Almost all legislative business has shifted from committees to the Senate floor. The full Senate will meet four times next week to deliberate and pass bills advanced from committees.

Senate advances constitutional amendments protecting right to bear arms in Tennessee

Senate Republicans are proceeding with two proposals to amend the Tennessee Constitution to strengthen Tennesseans’ Second Amendment rights.

Senate Joint Resolution 904 advanced to protect citizens’ right to bear arms in the Tennessee Constitution and limit the legislature’s ability to pass restrictive gun laws. The measure proposes to replace the current constitutional provision that authorizes the legislature to “regulate the wearing of arms with a view to prevent crime” and instead state that “citizens have a right to keep, bear and wear arms.”

The proposed language makes a key distinction that will reinforce Tennesseans’ Second Amendment rights. It ensures that the state of Tennessee recognizes that the right to bear arms means citizens have the right to own and carry firearms for their own defense.

Senate Joint Resolution 904 was read for the first time on the Senate floor this week after passing the Judiciary Committee last month. This week, we advanced House Joint Resolution 131 to establish that within the borders of Tennessee, only Tennessee’s gun laws can apply in court. This would ensure other states cannot enforce their gun laws in Tennessee. In 2023, the General Assembly passed a new law providing civil liability protection to firearm and ammunition manufacturers preventing them from being held liable for illegal acts carried out by criminals using their products.

HJR 131 passed the Senate Judiciary Committee this week and passed the House of Representatives last year. It now advances to the Senate floor for its first passage by the General Assembly.

In Tennessee, a proposed constitutional amendment must first be read aloud to the legislature three times in three separate sessions before being voted on. Then, it must pass the General Assembly twice. The first time it must pass with a simple majority voting in favor. The second time it must pass the next General Assembly by a two-thirds majority. Finally, the amendment is placed on the ballot. To be successful the proposed amendment must receive more yes votes than no votes, and the number of yes votes must be a majority of the total votes in the gubernatorial election.

TennCare for Working Individuals with Disabilities Act

We advanced the TennCare for Working Individuals with Disabilities Act to establish a buy-in program so that individuals with disabilities can continue gainfully working without losing their health insurance coverage through TennCare. Current TennCare policy strictly limits eligibility for supports and services based on income. These restrictions limit the types of work individuals with disabilities can do without losing health coverage.

Senate Bill 2791 will allow enrollees to pay a monthly premium of 5% of their income to receive the care and benefits needed, allowing the individual to still work gainfully. The goal is to encourage individuals with disabilities to fully engage in their community. This legislation can change the lives of these individuals without fear of losing access to care. The bill advances to the Senate Finance Committee for further consideration.

It is an honor to serve as your state senator. Next week, I look forward to sharing more with you about news and updates in the General Assembly. In the meantime, please continue to reach out to my office on issues of interest and importance at 615-741-1946 or sen.adam.lowe@capitol.tn.gov.