Constitutional Amendment for Hunters Passes Tennessee House

The Tennessee House has unanimously passed a measure to amend the Tennessee Constitution to further protect the rights of hunters and fishermen.

House Joint Resolution 108 reads, "The citizens of this state have a right to hunt, fish, and harvest game and fish, subject to regulations and restrictions authorized by this constitution and prescribed by law. When reviewing such regulations and restrictions, a state court shall utilize a rational basis standard, as the standard has been defined by state courts through case law. This section shall not be construed to abrogate any private property rights, the state's sovereignty over game and fish, or regulation of commercial activities."

The measure passed the full House by a vote of 92-0. Mike Butler, Executive Director of the Tennessee Wildlife Federation, expects the resolution to go before the Senate during the 2008 Legislative session. If it passes there, the resolution must again pass both the House and Senate during the 2008-2009 session by a two-thirds majority. It would then be placed on the ballot of the next gubernatorial election where it must receive a majority vote before it does indeed become a Constitutional Amendment.

The measure has been the subject of some controversy. Last the measure died when the National Rifle Association backed a change in the language that some felt would subject the state to unnecessary and potentially expensive, legal challenges. This year however, the NRA's objection to the current language was marginal at best.