Tennessee Senate Bill SB0819

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25

Caption

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

Summary

SB0819 amends Tennessee law to create a civil-rights cause of action against a government entity, official, employee, or agent that infringes or denies an individual’s rights under Article I, Section 26 of the Tennessee Constitution or the Second Amendment to the U.S. Constitution. The bill is framed as an expansion of the Tennessee Firearms Freedom Act and is aimed at protecting firearm-related constitutional rights, while preserving the ability of government actors to enforce laws and regulations that have not been declared unconstitutional by a court. The bill authorizes affected individuals, advocacy organizations, and other adequate representatives to bring civil actions and seek injunctions in the county where the violation occurred. It also allows recovery of actual damages or statutory damages of $250 per day, whichever is greater, plus punitive damages, attorney’s fees, and court costs. In addition, a knowing or willful violation by a government official may be treated as official oppression and can serve as grounds for ouster under Tennessee law.

Impact

This bill would add a new enforcement mechanism to Title 4, Chapter 54 of the Tennessee Code by creating statutory liability for government interference with state and federal gun rights. It would expose public entities and officials to civil damages, injunctive relief, and potential removal from office for intentional violations, while also preserving other remedies already available under law. The measure could affect state and local agencies, law enforcement, and other officials involved in firearms regulation or enforcement.

Sentiment

No committee transcripts or recorded votes were provided, so there is no documented debate or vote history to gauge support or opposition. Based on the bill text alone, the measure appears strongly pro–Second Amendment and pro–gun rights, with its purpose centered on deterring government action perceived as infringing constitutional firearms protections.

Contention

The main point of contention likely concerns the bill’s broad private right of action and the potential liability it creates for government actors, including statutory damages, punitive damages, attorney’s fees, and possible ouster of officials. Supporters would likely view these provisions as necessary enforcement tools to protect constitutional rights, while opponents may argue that the bill could chill legitimate law enforcement or regulatory activity and invite litigation over firearms-related policies. The bill’s exception for enforcement of laws not yet declared unconstitutional may also be debated for how it would operate in practice.