Eight states back down from recognizing Tennessee handgun carry permits as new law backfires

A bill in the Tennessee state Senate to allow handguns to be carried without a permit did not pass out of the Judiciary Committee earlier this week.
A bill in the Tennessee state Senate to allow handguns to be carried without a permit did not pass out of the Judiciary Committee earlier this week.

NASHVILLE - A new Tennessee law that allows 18- to 20-year-olds with military backgrounds to qualify for state-issued handgun-carry permits here has backfired, with officials in at least seven other states saying they won't recognize them under reciprocal agreements.

In some instances, the states won't recognize any Tennessee-issued handgun carry permits at all, a Tennessee Department of Safety and Homeland Security spokesman confirmed Friday afternoon.

The problem was first called to public attention earlier Friday by John Harris, executive director of the Tennessee Firearms Association, a gun-rights advocacy group.

Harris said in an interview he was discussing several issues with Tennessee Safety Department officials when they confirmed there was a problem with the law, passed last year and which became effective Jan. 1.

The law creates an exception in the legal requirement that permit holders be 21 and older and now allows active military service members between the ages of 18 and 20 to apply for the permits. It also applies to 18- to 20-year-olds who have been honorably discharged or retired.

"I knew what was going to happen because I've looked at this for 20 years," said Harris, an attorney who was not involved in pushing the 2016 bill. "A number of states have language in laws saying 21 and over."

As a result, Harris said, "some states are saying we won't recognize your law at all. A few other states took somewhat of a different approach" by only recognizing Tennessee permit-holders aged 21 and older for purposes of carrying a firearm publicly.

Wesley Moster, a spokesman for the Safety Department, confirmed the situation later, saying multiple states had told Tennessee officials they had problems, although the lists of states differed slightly, with North Dakota appearing on Harris' list and not on the list supplied by Moster.

The issue could not be resolved by press time. If North Dakota is among the states rejecting Tennessee's law, it would bump the number of states to eight.

According to Moster, these are the states that have problems with the Tennessee law and the actions they've taken:

- The State of Washington will no longer honor Tennessee permits.

- The states of Colorado and West Virginia will not honor permits issued to 18- to 20-year-olds or non-resident permits.

- Nebraska and Wisconsin will not honor 18- to 20-year-olds' permits.

- Delaware has informed Tennessee that as of Sep. 23, 2017, it will no longer recognize non-resident Tennessee permits.

- Florida will not honor 18- to 20-year-olds' permits or non-resident permits.

The Tennessee Firearms Association advocates for what proponents call "constitutional carry," which would allow anyone to carry a firearm, concealed or openly, without obtaining a state-issue permit, which requires a criminal background check and taking a gun-safety course.

Harris complained the General Assembly "keeps carving up the citizenship based on what your job is or used to be and giving them preferential treatment under a law that pertains to a fundamental constitutional right."

"Again, I don't like this," Harris said, using an example. "I wouldn't support a bill that when it comes to voting, you get to go to the front of the line" based on certain qualifications.

Harris believes Tennessee is "going to have to bargain with the other states they're dealing with on this. Reciprocity means honoring your law like a driver's license."

Meanwhile, there's at least one new gun bill in the GOP-controlled General Assembly.

Rep. Micah Van Huss, R-Jonesborough, has introduced legislation this year which would allow Tennesseans to openly carry a handgun without obtaining a permit. Those who wish to carry a concealed handgun would still need to have a permit.

Contact Andy Sher at asher@timesfreepress.com or 615-255-0550. Follow him on Twitter @AndySher1.

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