WeVote
Log In

Bill

Bill

HB 2298

Criminal Offenses - As introduced, adds to the criminal offense of aggravated assault, an assault that involves brandishing a deadly weapon; defines brandish to mean waving or exhibiting a weapon in a manner that would be found by a reasonable person to indicate a threat to use the weapon. - Amends TCA Title 39.

114th Regular Session (2025-2026) Introduced by G.A. Hardaway

Tennessee bill criminalizes brandishing deadly weapons (waving/exhibiting as threat) as aggravated assault, expanding assault statutes to penalize threatening weapon display.

Action Def. in s/c Criminal Justice Subcommittee to 3/25/2026
#criminaloffenses
0
WeVote Research Nonpartisan
Bill Summary · HB 2298

Legislative bill overview

HB 2298 expands Tennessee's aggravated assault statute to include brandishing a deadly weapon as a criminal offense. The bill defines "brandish" as waving or exhibiting a weapon in a manner that a reasonable person would interpret as a threat to use it. This creates a new criminal charge category within the state's assault laws.

Why is this important

Brandishing charges address a gap between displaying a weapon and actually using it, potentially reducing armed violence by penalizing threatening weapon display before physical harm occurs. The legislation affects how law enforcement prosecutes weapon-related threats and could influence sentencing in confrontations involving visible firearms or knives.

Potential points of contention

  • First Amendment concerns: Questions about whether displaying a weapon in self-defense scenarios, protest contexts, or lawful carry situations could be prosecuted, and how "reasonable person" interpretations vary
  • Self-defense implications: Clarity needed on whether lawful gun owners or permit holders who visibly carry weapons could face charges, and how this interacts with existing Tennessee carry laws
  • Vague standard: The "reasonable person" test is subjective and may create enforcement inconsistencies or prosecutorial discretion issues depending on context and community interpretation

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.