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2022 Is the Year of Constitutional Carry

It's shaping up to be a very interesting year for the right to bear arms in America.

by | Apr 1, 2022 | Articles, Second Amendment

When Liberty Nation last examined constitutional carry across the nation, the governors of Ohio and Alabama had just signed laws making their states numbers 22 and 23 to allow residents to exercise their Second Amendment rights without the need for permits. Indiana became the 24th soon after, and it’s a toss-up between Florida and Georgia as to which will bring the nation to the halfway mark. Meanwhile, Tennessee lawmakers are considering updating their own 2021 law, which many believe didn’t go far enough. It’s only April, yet one thing has already become clear: 2022 is, indeed, the year of constitutional carry.

Georgia

Of the states poised to pass laws allowing residents to carry freely, perhaps none is closer than the Peach State. “I believe the United States Constitution grants our citizens the right to carry a firearm – without state government approval. For law-abiding Georgians, their carry permit is the founding document of our nation,” Republican Governor Brian Kemp said on January 5.

Governor Kemp is, of course, still waiting. SB 319 passed the Senate on February 28, 34-22. The state House approved it 100-67 on Wednesday, March 30. The bill now returns to the Senate so that minor alterations made in the House can be approved. It seems likely the Senate will approve the changes and send it on to Kemp’s desk sooner rather than later.

Florida

If Georgia doesn’t take that 25th spot, it may go to the Sunshine State. Governor Ron DeSantis called on the Florida legislature Tuesday, March 29, to hold a special session and pass constitutional carry into law. State Representative Anthony Sabatini introduced a bill to remove the permit requirement, but lawmakers failed to bring it to a vote before the end of the legislative session.

DeSantis may be able to use a separate bill on redrawing congressional maps as leverage to push for the gun law. Republicans hold 78 of 120 House seats and 24 of 40 in the Senate, making it quite likely that Sabatini’s bill can make its way to DeSantis’ desk along with the new district maps, should the governor decide to use the issue as a bargaining chip.

Tennessee

The Volunteer State already has a permitless carry law of a sort on the books, but Tennessee lawmakers aren’t satisfied with it. According to the rules currently in place, it’s a crime for anyone to carry a firearm with the “intent to go armed.” According to John Harris, executive director of the Tennessee Firearms Association, that merely leaves an exception or defense that citizens would have to prove in court if they were charged with a crime. “You would have to prove at a trial that you were over 21, that you were in a place you had a right to be, that it was a handgun as opposed to something else,” Harris said. “That’s not real constitutional carry.” House Bill 2524, on the other hand, would allow any state resident to carry any firearm they legally possess without any government interference. In order to address law enforcement concerns about kids packing heat, the bill’s sponsor, Rep. Jerry Sexton (R-Bean Station), said they’ll add an amendment clarifying that the law only applies to those 18 or older.

Many still oppose the law, claiming it will make life more dangerous for police and civilians alike, but given the nationwide trend and the fact it has led to fewer murders, not more, it seems unlikely the resistance will prevail.

Indiana

In January, Liberty Nation predicted at least five states would go permitless in 2022. Of the five, two already have and another two seem on the cusp. But despite not making the list in January, Indiana has become the 24th state to join the ever-growing club. Governor Eric Holcomb, a Republican, signed the bill into law on March 23 after the state Senate passed it 30-20 and the House 68-30, both on Tuesday, March 8. The law goes into effect in July.

Still on the List

"Open Carry Rally" Protests Perceived Encroachment On Individual Rights

(Photo by Win McNamee/Getty Images)

While only one state from LN’s January watch list hasn’t been in the news lately, it’s still making progress, even if not quite as quickly as the others. In Nebraska, a bill must pass through the unicameral Senate three times, with a filibuster possible each round. Legislative Bill 773 has already overcome the filibuster (with three votes to spare) in the General File. It was marked for the second round, the Select File, March 14. Should it clear this second hurdle, it will go to the final vote, which, if successful, will see it sent to the governor’s desk.

In order to garner enough votes to overcome a filibuster in the Select File, Senator Tom Brewer has offered an amendment that allows Omaha to retain its own registration requirements in the city limits, but reduces the number of restrictions even there considerably. Governor Pete Ricketts says he’ll sign the bill when it gets to him, but that doesn’t seem to be speeding the process along.

Half the Nation and More?

Just one of Florida, Georgia, or Nebraska would bring the constitutional carry count to half the nation – and all three puts the country well beyond. But these aren’t the only states to watch. In South Carolina, for example, Republicans control the Senate 30-16 and the House 79-43, and the GOP has controlled both since the 90s. The state has a constitutional carry bill hanging out in House committees, as well as a pro-gun Republican governor. There has been no action on the bill since last year, but should Palmetto State Republicans decide to capitalize on it, getting in on this trend could be great PR for both Gov. Henry McMaster and any incumbents in the legislature joining him on the campaign trail this year.

Just four months into 2022, and three states have gone constitutional carry, three more are poised to do so soon, and there’s another Republican trifecta in South Carolina that shows plenty of potential. It’s shaping up to be a very interesting year for the right to bear arms in America.

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