Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill provides that 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. Article I, Section 26, of the Tennessee Constitution states "[t]hat the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime".

However, this bill provides that it is not a violation 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.

This bill authorizes a violation to be enforced by means of a civil action, which may be 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. Further, a government entity, official, employee, or agent who violates this bill is liable 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. Additionally, a knowing or willful violation by a government official constitutes grounds for ouster.

This bill also 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 be enjoined from further violations by a court of competent jurisdiction. An action for injunction may be brought by the following persons:

(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 bill; 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.

This bill clarifies that it does not preclude any person or entity from seeking any remedies, penalties, or procedures otherwise provided by law.