Remedies and Special Proceedings

Plain English Breakdown

The bill did not pass, so its exact effects remain speculative.

Amendments to Tennessee Firearms Freedom Act

This bill amends the Tennessee Firearms Freedom Act to provide civil remedies for individuals whose right to bear arms is infringed by government entities.

What This Bill Does

• Defines it as a violation of an individual's civil rights if a government entity, official, employee, or agent infringes upon or denies an individual’s full exercise and enjoyment of the right to bear arms under Tennessee or U.S. constitutions.
• Allows individuals whose gun rights have been violated to sue for actual damages, statutory damages up to $250 per day, punitive damages as determined by a court, and reasonable attorney's fees and court costs.
• Enables government entities, officials, employees, or agents who violate this law to be punished as official oppression if the violation is committed by an official.
• Permits advocacy groups or anyone else representing those whose gun rights were violated to sue for an injunction to stop further violations.
• Does not prevent people from using other laws to protect their gun rights.

Who It Names or Affects

• People who want to own guns in Tennessee
• Government entities, officials, employees, and agents in Tennessee

Terms To Know

Civil Rights

Legal protections against unfair treatment by the government or other people.

Injunction

A court order that stops someone from doing something specific.

Limits and Unknowns

• The bill did not pass and is no longer being considered.
• It does not apply to laws or regulations within a government's authority unless those laws are found by a court to violate the constitution.

Official Summary Text

This bill makes it a violation of
an individual's civil rights for a government entity, official, employee, or agent to infringe upon or deny an ind
ividual the full exercise and enjoyment of any right recognized and protected by
the constitution of this state
or any right recognized and protected by the Second Amendment to the United States Constitution.

This bill authorizes a violation to be enforc
ed by a civil action brought in the county in which the action arose. A violation by a government official, employee, or agent may also be punished as official oppression. A government entity, official, employee, or agent who violates this bill is liabl
e
for (i) the actual damages caused by the violation or statutory damages of $250 per each day of the violation, whichever is greater, (ii) punitive damages to be determined by the trier of fact, and (iii) reasonable attorney's fees and court costs. Addit
i
onally, a knowing or willful violation by a government official constitutes grounds for ouster.

This bill authorizes a
government entity, official, employee, or agent who commits an act or engages in any pattern or practice in violation of this
bill

to
b
e enjoined from further violations by a court of competent jurisdiction.
Under this bill, an action for an injunction may be brought by (i) a person whose rights have been violated, (ii) an entity
that engages in advocacy for the protection and furtheranc
e of the rights protected by this
bill, or (iii) any
other person or entity that will fairly and adequately represent the interests of those whose rights are protected by the state or federal constitutions
.

This bill provides that i
t is not a violation f
or a government entity, official, employee, or agent to enforce laws or regulations within the scope of the entity's, official's, employee's, or agent's authority unless the law or regulation has been determined by a court to violate either the state cons
t
itution or United States Constitution.
Further, this bill does not preclude any person or entity from seeking any remedies, penalties, or procedures as otherwise provided by law.

Current Bill Text

SENATE BILL 819
By Roberts

HOUSE BILL 554
By Capley

HB0554
001299
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4,
Chapter 54, relative to the Tennessee Firearms
Freedom Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following new section:
(a) It is a violation of an individual's civil rights for a government entity, official,
employee, or agent to infringe upon or deny an individual the full exercise and enjoyment
of any right recognized and protected by Article I, Section 26, of the Tennessee
Constitution or any right recognized and protected by the Second Amendment to the
United States Constitution. It is not a violation of this section for a government entity,
official, employee, or agent to enforce laws or regulations within the scope of the entity's,
official's, employee's, or agent's authority unless the law or regulation has been
determined by a court to violate either the Tennessee or United States Constitutions.
(b) A violation of this section may be enforced by means of a civil action, which
may be brought in the county in which the action arose.
(c) A violation of this section by a government official, employee, or agent may
also be punished as official oppression pursuant to § 39-16-403.
(d) A government entity, official, employee, or agent who violates this section is
liable for:
(1) The actual damages caused by the violation or statutory damages of
two hundred fifty dollars ($250) per each day of the violation, whichever is
greater;

- 2 - 001299

(2) Notwithstanding § 29-39-104, punitive damages to be determined by
the trier of fact; and
(3) Reasonable attorney's fees and court costs.
(e) A government entity, official, employee, or agent who commits an act or
engages in any pattern or practice in violation of this section may be enjoined from
further violations by a court of competent jurisdiction.
(f) An action for an injunction under subsection (e) may be brought by:
(1) A person whose rights have been violated;
(2) An entity that engages in advocacy for the protection and furtherance
of the rights protected by this section; or
(3) Any other person or entity that will fairly and adequately represent the
interests of those whose rights are protected by the state or federal constitutions
as set forth in subsection (a).
(g) A knowing or willful violation of this section by a government official
constitutes grounds for ouster under title 8, chapter 47.
(h) This section does not preclude any person or entity from seeking any
remedies, penalties, or procedures otherwise provided by law.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.