On April 1, 2022, Tennessee Firearms Association joined with Gun Owners of America, Inc., and other national and state organizations to submit an amicus brief with the United States Supreme Court in a petition filed in the case of Virginia Duncan, et al., v. Rob Bonta, No. 21-1194. This is one of many cases in which Tennessee Firearms Association is aggressively representing the interests not only of its members but all Tennesseans and citizens of this country in the battle against local, state and national government interests to better define and protect our rights as protected by the Second Amendment.
This case starts in 2000 when California passed legislation to prohibit any “magazine feeding device” that would hold more than 10 rounds. California residents filed suit in 2017 to challenge this and additional laws regulating high capacity magazines. Fortunately, at the time, a federal district court in California granted an injunction against the state’s enforcement of the law and later the district court granted summary judgment to those who were challenging the law by finding that the law violated the constitutionally protected rights of citizens.
Initially, a three judge panel of the 9th Circuit Court of Appeals affirmed in 2020 the trial court’s ruling. The State of California then petitioned all of the judges of the 9th Circuit Court of Appeals to set aside the decision of the 3 judge panel so that all of the judges, known as an “en banc” panel, could hear and decide the case. The 9th Circuit Court of Appeals, acting collectively, submitted to the request of the State of California and when it reheard the case it reversed both the decisions of the 3 judge appellate panel as well as the trial court.
The actions of the 9th Circuit in this action as well as other appellate courts, including the Sixth Circuit which covers Tennessee, have demonstrated an ongoing refusal to follow the law and the spirit of the the majority of US Supreme Court judges in the Heller and McDonald decisions.
A copy of the amicus brief which the TFA supported is attached hereto. We ask that TFA members consider making supplemental member donations to help offset the cost and actual expense (TFA’s attorneys are donating their time) in supporting these briefs.
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