Some Tenn. Lawmakers seek to lower permitless carry age to 18

MEMPHIS, Tenn. (WMC) - Even as Governor Bill Lee calls for compromise on gun control reform, the Volunteer State is on track to lower the age for permitless carry from 21 to 18. The Tennessee Attorney General has already agreed to lower the age even though the bill to make it happen hasn’t passed yet.

When permitless carry became law in 2021, a group called Firearms Policy Coalition Inc. of California sued the state arguing the law is unconstitutional because it doesn’t include 18 to 20-year-olds. Instead of going to trial, Attorney General Jonathan Skrmetti entered into an agreement with the plaintiffs to lower the age.

That agreement was approved by the courts late last month.

During a March 21 Senate Judiciary Committee meeting, State Senator London Lamar of Memphis said she strongly opposes lowering Tennessee’s permitless carry law from age 21 to 18.

“We are killing people in our community by expanding access to guns. We are leading the nation in killing folks,” said Sen. Lamar, “and we are passing irresponsible legislation that allows 18-year-olds to have access to guns when they can’t even drink until they’re 21.”

State Senator John Stevens, sponsor of Senate Bill 1503, said Americans are born with the right to bear arms.

“We reverse the presumption that the right to bear arms is something granted by the government,” he said, “it’s not. It’s for self-defense. That’s not a right we’re given. It’s a right we have. We’re given it by God alone. We have to protect life.”

The House version of the bill allowed rifles and long guns, in addition to handguns. State Senator Brent Taylor of Memphis successfully amended the senate version to remove that.

“In my home county, I just think that would be incredibly difficult to allow people to carry a long gun in a densely populated area,” said Taylor.

Cathy Barnett of Moms Demand Action told the panel their proposal is dangerous and potentially deadly.

“Lowering the age can mean more gun homicides,” she said, “18, 19 and 20-year-olds kill other people with a gun at a rate three times higher than those 21 and older.”

The bill passed March 21 in the Senate Judiciary Committee along party lines. But with Governor Bill Lee now calling for compromise in the General Assembly on gun control reform, Sen. Lamar said state leaders’ actions don’t make sense.

“It’s like on one aspect we want to save people who could be potential or are victims of gun crimes, but we want to give irresponsible 18-year-olds guns. The two don’t go together,” said Lamar.

Action on the bill on April 12 in the Senate Finance, Ways and Means Committee was deferred until March 18, but late Wednesday night, Sen. Taylor told Action News 5 that SB1503 likely will not pass this year and will resurface in 2024.

Sen. Taylor also said in Tennessee’s settlement with the firearms group, AG Skrmetti agreed not to enforce the age restriction, which means no one between 18 and 20 would be prosecuted for carrying a handgun without a permit.

Elizabeth Lane, press secretary for the attorney general, told Action News 5 the following:

The parties in the lawsuit agreed the permitless carry law passed in 2021 is unconstitutional because it prevents those aged 18-20 from carrying a handgun on the basis of age alone. 

The AG’s office said the Department of Safety and Homeland Security (DHS) will not enforce the law against 18 to 20-year-olds.

DHS will also start issuing gun permits to those aged 18-20 within 90 days of the order of dismissal.

Previously, an applicant had to be 21 years or older.

“The United States Supreme Court’s decision in Bruen,” said Lane, “reminded us that the Second Amendment is a constitutional right, not a suggestion. That means it applies to every adult American. We can no more prohibit twenty-year-olds from legally carrying handguns than we can keep them from engaging in free speech or legal protest.”

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