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Bracing for Worst as Permitless Carry Law Goes Into Effect Thursday

This story is co-published with MLK50: Justice Through Journalism, a nonprofit Memphis newsroom focused on poverty, power and public policy — issues about which Dr. Martin Luther King Jr. cared deeply. Find more stories like this at MLK50.com. Subscribe to their newsletter here

A new Tennessee law that allows most adults to carry a handgun without a permit could lead to more tragedies in Memphis Black communities already beleaguered by gun violence and exacerbate tensions with police, some local and state leaders said.

The law goes into effect Thursday and allows most people 21 and older to carry a handgun, openly or concealed, without a permit or training. The measure was pushed through by a Republican-controlled legislature and signed by Republican Gov. Bill Lee on April 8, despite opposition by Democrats and some law enforcement organizations and local officials.

Memphis community leaders, including Stevie Moore, fear what may come next.

“It makes me sick in the stomach to think about July 1,” said Moore, founder of Freedom From Unnecessary Negatives, a nonprofit focused on ending gun violence.

Moore was among a large group that gathered June 12 at Hamilton High School for a “Unity Walk Against Gun Violence” through South Memphis. Students, religious leaders, elected officials, and mothers with shirts commemorating their slain children called for a collective effort to end shootings in Memphis.

Now, Moore is bracing himself for the “wild, wild west,” he said.

The Rev. Melvin Watkins, pastor of Mount Vernon Baptist Church-Westwood, said the law indicates the legislature is careless and insulated from the consequences of gun violence.

“They don’t see our children, they don’t see our boys and girls, they don’t see (people getting shot) driving down I-240. They don’t see all of that,” Watkins said. “If they saw what I see, they would not be trying to pass laws to make it easier for individuals to (carry) guns without permits.”

Lee pushed the measure as a part of his “public safety agenda” and said it would make Tennessee safer, the Tennessean reported. However, local officials, including Mayor Jim Strickland and Police Chief Cerelyn “C.J.” Davis, expect the opposite. Strickland has said he thinks the change will lead to more gun violence, while Davis has said it complicates traffic stops.

The law comes as both officials are looking to tackle Memphis’ rising crime rates, which match a national uptick. New guidelines for federal COVID-19 stimulus dollars will allow the funds to be spent on public safety, including hiring new officers for MPD, Strickland announced last week.

It was the same day President Joe Biden’s administration announced a “comprehensive strategy to combat gun violence and other violent crime,” which includes allowing local governments to use American Rescue Plan Act funds in the fight. The money can be used for preventive measures, including hiring more police officers, for community violence intervention and efforts to stop the flow of illegal firearms.

The strategy does not address right-to-carry laws.

Homicides rose 30 percent in large cities last year mainly due to the social and economic stress of the pandemic, according to a study from the Council on Criminal Justice cited in the White House’s comprehensive strategy plan. In Memphis, between January and March, there were 1,576 gun-related violent incidents, which is up 30 percent over last year, according to data from the Memphis Shelby Crime Commission.

A 2018 study by the National Bureau of Economic Research found that right-to-carry laws are associated with a 13 percent to 15 percent increase in violent crime 10 years after they’re enacted.

Members of law enforcement oppose the new law, including the Tennessee Sheriffs’ Association, the Tennessee Association of Chiefs of Police and the Tennessee Bureau of Investigation.

A representative for Shelby County Sheriff Floyd Bonner Jr. said in a statement that Bonner supports the Second Amendment but doesn’t support permitless carry because it doesn’t offer training and education before gun owners can carry their weapons.

“The current (Tennessee) handgun carry process allows for background checks and a minimum level of training or verification of training in the use of firearms,” the statement says. “It provides for training about the state’s firearm laws, and education in the correct use of firearms, such as when someone can employ the firearm to protect themselves or others.

“There is a process to obtain a license to drive an automobile, which ensures your ability to operate the vehicle and the testing of your knowledge about traffic laws. There should be similar common-sense requirements before a 21-year-old can start carrying a firearm in public.”

MEMPHIS, TN – June 12, 2021: Shelby County District Attorney Amy Weirich with members of the South Memphis Warriors Youth Football Organization during the 4th Unity Walk against Gun Violence at Hamilton High School. (Photo by Brad Vest for MLK50)

Fears of escalation

The law change doesn’t apply to people legally prohibited from owning a gun, including those convicted of felonies.

Republican legislators have framed the change as protecting the Second Amendment with “constitutional carry” and argue it will increase public safety.

“That’s marketing,” said Democratic state Rep. Antonio Parkinson, whose district covers parts of North Memphis. “It doesn’t matter how they frame it, it still has its consequences.”

Parkinson worries the new law could lead to an escalation in armed confrontations.

“I’m concerned that there could be more (shootings) because the access (to guns) is completely there, now. We don’t know the mental conditions of the people that are carrying. You don’t know where a person is at any moment. It doesn’t necessarily have to be that they’re mentally ill. It could be a whole host of things.”

Parkinson is also concerned that the loss of required classes for a permit could result in new gun owners misusing their weapons out of ignorance of gun laws. Additionally, while the bill supposedly expands gun liberties, Parkinson doesn’t expect Black gun owners to receive the same grace as white gun owners.

“We already know the law is not applied evenly when it comes to minority populations and others, and so I look at who will be charged and convicted in cases where people use stand your ground laws as a defense.”

The new law removes the offense of carrying a handgun without a permit but raises the penalties for other gun-related offenses. Theft of a firearm is raised from a misdemeanor to a felony under the new law and people convicted of felonies who are caught with firearms cannot be granted early release.

MEMPHIS, TN – June 12, 2021: Former interim police director James Ryall, center, during the 4th Unity Walk against Gun Violence at Hamilton High School. (Photo by Brad Vest for MLK50)

Increasing tension between citizens and police

Moore, the community leader, thinks the law will widen the trust “gap” between police officers and communities like South Memphis. Democratic state Rep. Jesse Chism agreed.

“It’s going to feed an already tense environment between police officers and citizens of color. I’m afraid one unintended consequence of this bill will be more police shootings,” Chism said.

The Memphis Police Department will adjust its training given the change, said James Ryall, who was interim director when he attended the “Unity Walk Against Gun Violence” on June 12. Usually, an officer can legally approach an armed person and ask for their permit, but after the law goes into effect, that won’t be the case, he said.

“It does create a little tension and concern,” Ryall said. “Knowledge is power, so we’re going to help educate our officers about the new law, about things they can and can’t do,” Ryall said at the walk. “It is pretty eerie for officers because we don’t have to sit here and talk about what guns can do. And when an officer approaches someone who’s armed, not having that ability to check it out, it’s going to create that ‘unknown zone’ and that’s a strong concern to our fellow officers out there.”

Moore contends the heaviest consequences of the change won’t fall on suburbs like Germantown and Collierville, rather on economically distressed communities in the “inner city.”

“They’re sitting up behind a desk, want to get reelected, and getting money from the National Rifle Association,” Moore said. “Most of them never been in South Memphis, they ain’t never been in North Memphis, ain’t been in Westwood, and won’t come because they’re afraid to come. They’ll pass (the law) because they’re in Nashville and they ain’t got to come to our community.”

Jonathan Cross, a Black gun instructor, believes the effects of the new gun law will be minimal because the existing permit standards are so low.

“People who have the permit, they haven’t really been trained; they are under the illusion that they’ve been trained,” Cross said. “What I’ve seen is that people who have permits have a very low probability of seeking additional training. They are more of a danger to themselves or a danger to society than they are defender of their own life, because they literally have not been trained.”

Cross, who spent part of his childhood in Frayser — an area that is fighting gun violence — argues a key to curbing gun violence is arming and training vulnerable communities, he said.

“I take issue with the phrase ‘gun violence.’ In my mind, there is no such thing as gun violence; there is violence. And people who are prone to commit violence, will commit violence in the face of people who do not have the ability to stop them,” Cross said.

And even with a permitting system, criminals don’t obtain guns legally, he said.

“Criminals will not go through systems to appropriately procure weapons of any kind, including firearms. But here’s what criminals will do: criminals will work their criminality with impunity in communities that have been conditioned not to be able to stop them.”

MEMPHIS, TN – June 12, 2021: Memphis Mayor Jim Strickland speaks at the start of the 4th Unity Walk against Gun Violence at Hamilton High School. (Photo by Brad Vest for MLK50)

More guns, safer community? 

Black gun ownership is climbing quickly as the National Shooting Sports Foundation, a gun retailers’ association, reports a 58.2 percent increase in ownership among Black people for 2020, the highest increase among racial demographics.

Cross argues Black gun ownership is vilified and discouraged, leaving Black communities vulnerable.

Although Watkins of Mount Vernon Baptist Church understands Cross’ position, he’s skeptical that more guns will lead to a safer community.

“I’m not saying that we shouldn’t protect ourselves. I want to address why we need to shoot and shoot back at each other in the first place,” Watkins said.

Mount Vernon has hosted a walk against gun violence through Westwood, but those steps toward awareness must be followed with economic steps toward progress, Watkins said.

A 2019 study published in the Public Library of Science medical journal shows factors like income inequality and poverty are drivers of homicide rates. Memphis’ 2019 overall poverty rate of 21.7 percent is nearly 10 percent higher than the national rate and nearly 15 percent higher for Black Memphians.

“It makes no difference if you walk against gun violence, (if) you don’t invest in those same communities, so that our young people have some productive, positive activities in the community,” Watkins said.

Moore agreed that walking isn’t enough.

“Most people at that (Unity Walk) don’t live in this community,” Moore said. “(They) walk and go back home. But the problem is still left after you go home. It’s a good camera shot; it’s good because it’s still trying to wake up the community to get involved. But after two hours, you’re gone, back to your safe environment, and we still got the problem.”

Moore invites state lawmakers to visit his community and others affected by gun violence.

“Come walk with me in the community,” Moore said. “Let’s go out in North Memphis, let’s go out in South Memphis, let’s go out in Orange Mound where the real people are dying. And if they’ve got any — any — compassion in their heart, they’ll change these laws real quick.”

County Commissioner Reginald Milton, who represents South Memphis, expressed a similar sentiment in remarks before the walk.

“They build the highways over us, so they can drive 60 to 70 miles an hour and not have to look at the poverty and despair and ignore what is happening here. We walk so they don’t forget.”

“We look at our children, we see them suffering, and they say what’s wrong with these children? … I say it’s not them. What’s the problem with our society that’s created this problem? They don’t make the guns; they don’t bring the guns to these communities; they weren’t born with these weapons,” Milton said.

“We put it in their hands and we tell them this is the only way you can make it. Then we blame them for their failures.”


Carrington J. Tatum is a corps member with Report for America, a national service program that places journalists in local newsrooms. Email him at carrington.tatum@mlk50.com

Categories
Letter From The Editor Opinion

Kiss Kiss, Bang Bang, Tennessee-Style

This is my fourth column in the editor’s chair. At least, it is if my math is right. Somehow it’s been a month. I’ve already received a few letters about my editor’s letters, and I thank those readers for caring enough to reach out. I’d also like to apologize to Mark, who wrote in recently to say he appreciated the relatively politics-free columns so far. Sorry, Mark, but I’ve got to follow my conscience on this one.

Last week, Tennessee Governor Bill Lee signed legislation enacting permitless gun carry for Tennessee. The law will go into effect on July 1st and will allow anyone 21 years old or older to carry a handgun without passing some sort of permit course. The age is 18 for active-duty military personnel. What’s telling is that he signed the bill at a Beretta factory in Gallatin, Tennessee.

Not, you know, a police station, or some venue I can’t think of at the moment that symbolizes freedom. It’s no surprise that Lee didn’t choose a police station as the setting for the photo op, since there’s been little support from law enforcement for the bill. Shelby County Sheriff Floyd Bonner spoke out against it, as did (then) Memphis Police Director Mike Rallings. So who was this legislation crafted to serve? If you wrote in “gun manufacturers and the NRA,” then, reader, our score cards are a perfect match.

I can almost imagine our governor turning around in his chair to look a Beretta spokesperson in the eye and whisper earnestly, “Did I do good, boss?”

Because this kind of pageantry makes it pretty clear who Lee’s hoping to appease, and it’s not us poor schlubs who will be wondering if Bubba in the self-checkout line has an itchy trigger finger to go along with that hip holster. The most recent Vanderbilt University Poll shows that 59 percent of Tennesseans do not support this bill, and, as I’ve already pointed out, most law enforcement officials are against it as well.

Jesse’s Granny, Coleen Davis, photographed with dog and rifle
(Photo: Jesse Davis’ family photo album)

Before we go much further, I want to note that I was raised around guns. My grandparents lived out in the hills of Chester County, and we visited them often. Shooting was a regular pastime for most of my family. I remember walking in the woods with my granddaddy, who would occasionally ask me if the safety was on. I was supposed to know without checking, to always keep the barrel pointed toward the ground. To be mindful. I remember my grandparents’ neighbor Mr. Ray camping out one night to ambush and shoot the foxes who had been stealing his chickens. Whether you’re using them to protect yourself and your family or your egg-laying chickens, guns are tools, built to serve a purpose. But you’re supposed to know how to use a tool before you walk into a Cash Saver with one strapped to your hip.

If our governor really cared about safety, he would put on his good ol’ farmer cosplay plaid button-down shirt, cheese at the camera, and explain why law-abiding citizens shouldn’t worry about having to take a permit class. It’s short, easy, and not very expensive. He’d remind us all that we have a responsibility to each other, that enjoying the freedom to carry a gun means taking on the duty of using it safely.

That would be the direction to go if this bill were actually about public safety, but in reality it seems to be about little more than enriching corporate donors. If I had any doubts about that before, the photo op signing at Beretta has done nothing to dispel them.

This isn’t really a column about guns or gun rights. No, this is about responsibility — and my perhaps idealistic belief that our elected officials have a responsibility to the average citizens pushing the button at the voting kiosk, a responsibility that outweighs whatever they owe the folks funding their re-election campaigns.

I’d like to think I’d be equally frustrated if the law in question concerned relaxing vehicle emissions restrictions and Gov. Lee had signed it at the Nissan assembly plant in Smyrna. I don’t harbor a blanket fear or loathing for cars or guns. But I recognize that they’re powerful.

And power in the wrong hands can be dangerous. 

Categories
News News Blog

Gov. Lee Pushes Constitutional Carry, Harsher Penalties for Gun Crimes

Adobe Stock


Tennessee Gov. Bill Lee and a handful of legislators are pushing to make Tennessee a constitutional carry state.

Lee announced Thursday that he would be introducing a bill this legislative session that would allow Tennesseans to possess and carry firearms without a permit.

“The liberties guaranteed to us by the Constitution are sacred and we have a responsibility to uphold the framework that those founding fathers established,” Lee said. “They firmly believed that to protect the inalienable rights that they set out, that they needed to ensure citizens had the right to bear arms, which was cemented in the Second Amendment. The Second Amendment is clear and concise and secures the freedoms of law-abiding citizens to keep and bear arms.”

Lee said the legislation he is proposing would “extend the constitutional right to carry a handgun to all law-abiding citizens with or without a permit who are 21 years and older except in restricted areas.”

The governor added that the legislation would increase the penalties for those who steal or unlawfully possess a firearm: “With the freedom and liberties guaranteed to us in the Second Amendment, also comes a great responsibility to steward them wisely and to protect our citizens.

“The bill is not only focused on protecting our Second Amendment liberties, but also on increasing safety for all Tennesseans. This legislation is about increasing freedoms for law-abiding citizens and implementing harsher penalties for criminals.”

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Lee said there was an 85 percent increase in guns stolen from vehicles from 2016 to 2017.

“In light of this reality, we need to be increasingly vigilant in also enacting laws that strengthen our ability to protect our citizens,” he said “That’s why the legislation I am proposing will significantly increase penalties to those who steal or unlawfully possess a firearm including a mandatory minimum sentence for those who steal a firearm.”

The penalties for gun-related crimes that would be included in the legislation include:

• Increasing the penalty for theft of a firearm from a misdemeanor to a felony

• Enhancing sentencing for the theft of a firearm from a car

• Increasing the minimum sentence for theft of a firearm from 30 days to 180 days

• Increasing the sentences for unlawful possession of a firearm by violent felons and felony drug offenders, as well as unlawfully providing a handgun to a juvenile

Rep. Cameron Sexton (R-Crossville) also spoke at Thursday’s announcement. He said “it’s a great day” for law-abiding citizens who want to carry guns, as well as “our partners in law enforcement.”

“Communities all across our great state of Tennessee will find this to be an effective tool in combating gangs and violent crime because we’ll be taking guns out of the hands of criminals and taking criminals off the streets in Tennessee,” Sexton said.

Rep. William Lambert (R-Portland) said Tennessee’s bill is the “first of its kind constitutional carry bill that to my knowledge has ever been filed anywhere in the nation.”

“This bill reduces penalties for otherwise law-abiding citizens, individuals who have done nothing wrong other than exercise their Second Amendment right, individuals that would be eligible to get a carry permit, but for whatever reason, did not do so before they came across the attention of law enforcement,” Lambert said. “These are individuals that are mothers and fathers. These are individuals that are business owners. These are individuals that are employees throughout the state of Tennessee that choose to carry firearms for their own protection. And to criminalize that behavior is ridiculous.”

“On the other hand,” Lambert continued, “for those criminals out there, those felons, those that choose to misuse their firearms and attack their fellow citizens, hear this now, if you steal a gun in this state, if you use that gun, or if you possess that gun and you’re a convicted felon, you will go to prison and you will go to prison for a very long time.”

Currently, 16 states have constitutional carry laws in place.

One group pushing for this type of legislation nationally is the National Association for Gun Rights. The group is currently working with legislators in five states, including Tennessee, to encourage the passing of a constitutional carry law.

The group has also started a petition asking legislators to pass the law.

“Study after study proves more guns in the hands of law-abiding citizens means less crime,” the petition reads in part. “Yet politicians in BOTH parties in Nashville haven’t stopped infringing on our God-given rights.”

The petition continues saying that “requiring law-abiding citizens to beg for government permission through the permit system before they can exercise their constitutional right to keep and bear arms is a clear violation of that right.”

Currently, in Tennessee to carry a handgun openly or concealed, one must apply for an Enhanced Handgun Carry Permit. Requirements for receiving the permit include payment of a $100 application fee and the completion of an eight-hour handgun safety course.

As of January 1st, to carry a concealed handgun, the law requires a $65 application fee and proof of firearms training that the Tennessee Department of Safety and Homeland Security “deems adequate.” This could include online courses or courses administered by law enforcement, wildlife agencies, or organizations specializing in firearms such as the NRA.

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Ahead of Thursday’s announcement, the Tennessee chapter of Moms Demand Action voiced opposition to permitless carry in a Facebook post.

“There are basic safety and training standards that should be met when it comes to carrying guns in public,” the group’s post reads. “It’s common sense. It’s unacceptable that our lawmakers keep trying to pass bills that threaten our public safety, especially after Americans across the country have called for stronger gun laws in unprecedented numbers after the horrific school shooting in Parkland.”

The group’s post includes a link to a petition created by Everytown for Gun Safety opposing the legislation.

Also ahead of the governor’s announcement, Sen. Raumesh Akbari (D-Memphis) released a statement opposing the legislation.

“Whether you live in a city or suburb, no family is made safer by laws that encourage more untrained and unlicensed people to carry lethal firearms,” Akbari said. “Tennesseans support the Second Amendment, but they also believe firmly in responsible gun ownership and policies, like mandatory background checks that promote accountability. Permitless carry is a bad idea that endangers every Tennessean.”