Tennessee lawmaker buys gun easily, brings it to the legislature

In an effort to highlight a need for enhancing background check requirements, Rep. Mike Stewart brought a newly purchased semi-automatic rifle to Legislative Plaza on Wednesday.

Stewart, D-Nashville, had the military-style weapon with him during a House Civil Justice Subcommittee meeting where he presented two bills that would bolster requirements for background checks.

While holding an AR-15 style rifle, Stewart said he purchased the weapon on Tuesday after finding a seller on the Internet. Within hours of his purchase, Stewart said he picked up the weapon in the parking lot of a restaurant in Davidson County, without ever undergoing a background check.

“Luckily I am not a member of a drug cartel. I am not on a terrorist watch list. I am not a longtime criminal with a big record of felony convictions and violence," he said, adding if he had gone to Walmart he would’ve had to undergo a background check.

“Right now we put our legitimate gun dealers at a significant disadvantage,” he explained, noting if a terrorist tried to buy a similar weapon at a store that sells guns they would be blocked.

Stewart had two background check related-bills on the subcommittee's calendar. One bill sought to create a Class C misdemeanor for someone who sells a weapon without conducting a background check on the buyer.

While discussing his legislation, Stewart said he paid $750 to obtain two 30-round magazines and a weapon similar to the one he used while serving in the military in Korea.

“I’m basically as well armed as when I was a soldier in the military,” he said.

Although Stewart received support for his legislation from the committee's two Democrats — Reps. Sherry Jones and Bill Beck, both of Nashville — two members took issue with his presentation.

At one point Rep. Mike Carter, R-Ooltewah, questioned whether Stewart had properly secured the weapon.

"This gun could be loaded — you obviously don't own one,"  hesaid. "You do not have it properly safe. Do not point at me if you can't assure me that gun cannot shoot."

Stewart tried to allay those fears by explaining that the gun was unloaded and a state trooper inspected and secured it when he entered the building.

In addition to Stewart, Beth Joslin Roth, the policy director for the Safe Tennessee Project, an organization advocating against easing gun laws, told the committee that she obtained a weapon at a gun show without ever having to show identification or undergo a background check.

The arguments for enhancing background checks come after President Barack Obama issue new federal guidelines in January, in an effort to force anyone selling guns to obtain a federal license and perform background checks on buyers. The guidelines were met with immediate criticism from Republicans and gun advocates.

Rep. Jon Lundberg, R-Bristol, said he was disappointed by the "show" Stewart was putting on, although the Nashville Democrat said he was simply trying to make a point about how easy it is for people to purchase a weapon in Tennessee.

The five-member committee refused to advance Stewart's background check bill after taking a voice vote. Beck and Jones voted in favor of sending the bill to full committee.

Knoxville Police Chief David Rausch, who also serves as president of the Tennessee Association of Chiefs of Police, said he supported Stewart's bills. Rausch said the idea that a person who should not be able to purchase a weapon could do so by taking a similar approach as Stewart was "baffling."

He cited last year's terrorist attack in Chattanooga as a potential issue that could arise unless lawmakers tighten background checks.

"When you look at individuals that are being self-radicalized ... they could simply get a firearm to carry out whatever ill will they attempt to carry out," Rausch said.

After the committee's action, Lundberg cited concerns about Stewart's proposed requirement that a background check be required for all gun transactions.

"If you wanted to buy a gun and give it to your son or daughter for Christmas, you're going to have to go through additional loops," he said, adding that he wasn't necessarily concerned about Stewart's ability to obtain a weapon.

"It's unfair to say 'can terrorists buy guns?' I don't think they're going on Craigslist to buy a gun," he said.

A series of gun bills were on the committee's agenda, including one from Rep. Andy Holt, R-Dresden, that would allow full-time employees of state colleges or universities to carry a weapon on campus.

When the committee reconvened in the early evening, Holt amended his bill, which he said would require employees to notify law enforcement if they will be carrying on campus, as well as include a provision that provides the various institutions a form of liability immunity.

Although the state Board of Regents asked Holt to include a provision that provides absolute immunity, he said the legislature does not typically do that before explaining that he would continue to work with the board about their concerns.

The committee passed the bill without undergoing any discussion, only to later hear from Bruce Harbor, the chief of police for the University of Memphis.

"We oppose additional guns on campus unless they are held by highly trained police officers," he said, adding that there is less crime on the state's college campuses than the country's national average.

Harbor said more weapons on campus could result in more frequent lockdowns, disruptions to the academic mission and adversely impact students' success.

"If this bill passes, our campuses are going to be less safe," said John Edens, the chief of police for Northeast State Community College.

Despite the opposition, the committee stood by their action to pass the bill, which will be taken up in full committee next week.

Reach Joel Ebert at 615-772-1681 and on Twitter @joelebert29.