TFA’s Federal Litigation Update

In the last few years, Tennessee Firearms Association and, since early 2023, Tennessee Firearms Foundation (www.tennesseefirearmsfoundation.org) have increasingly engaged in federal and state litigation.

First, let’s address the question of why.  Tennessee Firearms Association has now been in existence for approximately 29 years.   We have worked hard, as a grassroots organization, on efforts to get the Tennessee Legislature to make changes in Tennessee law that would bring Tennessee’s statutes, executive orders, regulations and local enactments in compliance with both the Tennessee Constitution and the Second Amendment.  After close to three decades of efforts to achieve these goals through Legislative efforts, it was increasingly clear, particularly in the last 14 years, that there simply is not a clear majority of legislators in both houses to enact constitutionally principled changes in Tennessee’s statutes. 

For example, for years efforts have been made to change Tennessee law to recognize that individuals who are 18-20 are constitutionally qualified to purchased, possess and carry firearms, including handguns.  The Tennessee Legislature has not made that change. Indeed, as recent as 2021 Tennessee’s Republican super majority enacted yet another law making it a crime for someone under the age of 21 to carry a handgun with the intent to go armed in legislation sponsored by Rep. William Lamberth and Senator Jack Johnson.   Yet, in 2023, a federal court entered a consent settlement whereby the Tennessee Attorney General, on behalf of the state of Tennessee, agreed that the state’s statutes which prohibited 18-20 year olds from carry a handgun or from being issued a handgun permit was a violation of the 2nd and 14th Amendments and constituted a federal civil rights violation.   Yet, as of today, the Tennessee Legislature still has not fixed a clearly unconstitutional law.

Thus, since efforts to work with the Tennessee Legislature, which is under the control of Republican super majorities in both houses, have not resulted in a clear agenda by at least the “Republican” legislative caucus to fix the multiple constitutional problems with Tennessee’s statutes, perhaps that is something that the courts would be more willing to do.  

Aligned with the problems with state law, however, are the many problems placed on Tennesseans by the federal government and its tyranny as pertains to the rights protected by the Second Amendment.  Of course, those problems are now almost a century old and getting worse particularly since the Obama administration and particularly with Biden’s ATF and DOJ.   So, in the last 4 years, TFA and the Tennessee Firearms Foundation have been investing time and resources to participate in federal amicus briefs (- that is “friend of the court”) in many federal appellate courts and the United States Supreme Court.  

Example Cases.   There are now many cases in which TFA and TFF have joined with like-minded state and national advocacy groups (mainly Gun Owners of America) to support constitutional changes to federal and state laws.  We carefully consider each opportunity and are looking for cases that either directly impact the rights that are protected by the Second Amendment or cases, perhaps under the 10th Amendment, that would if successful lead to precedent that would be usable in future Second Amendment cases.

Many of these cases may have limited public name recognition but that does not minimize their potential value.  However, one of the cases in which TFA invested time and money in 2021 is the now cornerstone decision in Bruen:

New York State Rifle & Pistol Association v. Bruen, United States Supreme Court 20-843  Joint Amicus Brief  July 20, 2021

But there are many other significant cases.  In just the last 12 months, for example, TFA and TFF have participated in federal amicus work in the following cases:

US v. Abbot, No. 24-50149 (5th Cir. March 13, 2024) (regarding right of states to oppose illegal immigrants within their borders)

US v. Abbott, No. 23-50632 (5th Cir. Feb 23, 2024) (regarding right of states to oppose illegal immigrants within their borders)

Murphy v. Missouri, No. 23-411 SCOTUS, February 9, 2024, (enterprise censorship)

Fischer v. United States, No. 23-5572 SCOTUS, February 5, 2024 (January 6 2020 detainees)

Garland v. Cargill, No: 22-976 SCOTUS Jan 29, 2024 (appeal by ATF from 5th Cir. decision which had held ATF’s bumpstock regulation unconstitutional)

Trump v. Anderson, No 23-719 SCOTUS Jan 18, 2024 (federal presidential ballot access and 14th Amendment)

NRA v. Vullo, No. 22-842 SCOTUS Jan 16, 2024 (NY attacking 2nd Amendment by issuing notices to lenders and insurance companies)

Miller v. Bonta, No: 23-2979, 9th Cir Dec. 29, 2023 (challenge to state statute on assault weapon ban)

Duncan v. Bonta, No. 23-55805, 9th Circuit En Banc (Dec. 28, 2023)(challenge to state statute on high capacity magazines)

United States v. Zackey Rahimi, No. 22-915 SCOTUS Oct 4, 2023 (challenge to 18 USC 922(g)(8))

O’Handley v. Weber, No. 22-1199 SCOTUS August 25, 2023 ( social media censorship)

Missouri v. Biden, No. 23-30445 (5th Cir. August 7, 2023) (social media censorship)

Ronald Koons, et Al., V. Matthew J. Platkin, et Al No: 23-1900, 23-2043 (3rd Circuit August 17, 2023)

Loper Bright Enterprises, et al v. Rainmondo, No. 22-451 SCOTUS (July 24, 2023) (Chevron deference)

Guedes v. BATF, No: 22-1222 SCOTUS July 20, 2023 (bumpstocks)

US. v. Daniels, 5th Cir. 22-60596, Amicus Brief July 6, 2023 (challenge to 922(g)(3))

How you can help?  There are several things that you can do to help. 

1) Understand that it costs time and resources to seek to restore our rights in the courts.  TFA and TFF do not incur attorney’s fees for the representation in these cases by John Harris because all of that time is donated.   However, TFA and TFF do incur direct and shared costs such as third party researchers, filing fees, law clerks for research, etc.   TFA and TFF’s expenses can range from $1000 to $10,000 per federal case.   The necessary fact is that TFA and TFF’s ability to engage in this litigation depends on the ability to raise the funds from members and donors to do so.   Please consider supplemental member contributions if you are a TFA member.  Further, donations to the Tennessee Firearms Foundation, since it is a 501c3 charity, are tax deductible.

2) Let your friends know that TFA and TFF are working in the courts to defend and restore our rights.  Encourage them to understand the necessity and benefits from this litigation focus.  Encourage them to consider joining TFA and/or considering charitable donations to the Tennessee Firearms Foundation.

3) Talk with your legislators about why it is that Tennessee’s statutes are constitutionally defective and the Legislature, particularly after 14 years of Republican super-majority control, has still failed to repeal or correct so many of these constitutional violations.    When you get answers – if you get answers – make sure you share them on social media and send copies to TFA.

4) If you are an attorney and would like to support this effort when opportunities arise (including raising constitutional issues in your criminal cases) get in touch with John Harris at johnharris @ tennesseefirearms.com

5) If you are a judge and one of these issues comes before you, consider asking for amicus filings if it would help you consider the issues or resolve the matter.

6) If you are an attorney or a judge, speak with those organizations that provide your “continuing legal education” programs about having these topics addressed in those offerings.

TFA Joins Amicus Brief Supporting Rights of States to Defend Themselves

On February 23, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation (a 501(c)(3)) joined U.S. Constitutional Rights Legal Defense Fund,  Citizens United, Citizens United Foundation, The Presidential Coalition, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, and the Conservative Legal Defense and Education Fund to submit an amicus brief in…

Tennessee Legislators are considering the “Bruen Basis” for proposed legislation.

On February 6, 2024, Rep. William Lamberth presented his House Bill 1640. Rep. Lamberth seeks to expand the circumstances under which access to firearms (but not other deadly weapons) is prohibited with respect to individuals who have been “adjudicated as a mental defective or judicially committed to a mental institution.” The restriction applies even to…

Tennessee Legislature has filed or taken action on 143 bills so far in 2024 that are tracked by TFA

The Tennessee Legislature, as an entity, has proven the inability to take into consideration the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen, No. 20-843. In Bruen, the Supreme Court held that any existing or proposed laws that do not have a national historical tradition as of 1791…

TFA and GOA file Supreme Court amicus brief on “bumpstock” appeal.

On January 29, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation joined Gun Owners of America and several other organizations in submitting an amicus brief to the United States Supreme Court in the case of Merrick B. Garland, Attorney General, et al., v. Cargill, No. 22-976. The issue in this action is whether…

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Tennessee Legislature seeing volume of bad 2nd Amendment Legislation.

As of January 12, 2024, approximately 30 bills have been filed on issues of interest to the Tennessee Firearms Association and its members. As detailed in the report below, most of them are bad ideas that demonstrate a complete disregard of the Supreme Court’s mandate in its decision in New York State Rifle and Pistol…

The 2024 Legislative Session is an opportunity for Legislators to enact laws required by the Second Amendment

Tennessee does NOT have REAL Constitutional Carry and Tennesseans need to once again demand it of the Legislature in 2024. There are many constitutional problems with respect to how Tennessee’s existing and even proposed laws fail to comply the the Second Amendment’s “shall not be infringed” mandate. Indeed, too many of Tennessee’s existing and proposed…

Tennessee Attorney General Jonathan Skrmetti joins official comment opposing ATF’s proposed rule defining ‘Engaged in the Business’

On December 7, 2023, Tennessee Attorney General Jonathan Skrmetti joined attorney generals from the States of Kansas, Iowa, Montana, Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, and Wyoming, and the Arizona State Legislature in opposing the…