On May 2, 2022, Tennessee Firearms Association joined with other national and state organizations to support an appeal to the 9th Circuit Court of Appeals of a case challenging and at the trial court level striking down certain state level infringements on firearms purchase procedures. The case is Yukutake, et al, v. Shikada, et al., 9th Circuit 21-16756.
In this case, TFA is joining with Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Oregon Firearms Federation, Virginia Citizens Defense League, Grass Roots North Carolina, America’s Future, Inc., Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee in the ongoing effort in the federal courts to defeat infringements on our 2nd Amendment rights. Shaping state and federal law in the courts is considered particularly necessary when state legislators and governors are unwilling to do so through the legislative process or by forcing the federal government to abide by the 2nd and 10th Amendments.
Hawaii has severe restrictions on firearms ownership. Two of those laws were challenged in this case. One law requires a permit to purchase a handgun but the permit is valid for only one purchase and expires in 10 days. The second law required all owners to personally bring newly acquired firearms to the police station for registration. The Plaintiffs challenged the constitutionality of these laws. Hawaii claimed that the laws were constitutional under an “intermediate scrutiny” standard that is so often applied not only by courts but as we see in Tennessee is often applied by legislators who are considering whether existing and proposed laws can be enacted.
In June 2021, the federal district court that heard the case granted summary judgment to the Plaintiffs and struck down both Hawaii laws as unconstitutional. The court applied an intermediate scrutiny standard, which the plaintiffs had argued was too deferential. However, the district court struck down the laws even under the more lenient standard. Hawaii has appealed to the 9th Circuit.
TFA viewed this as an important case to get involved with because it will present the issue to a federal appellate court, in a case that could end up in the U.S. Supreme Court, on what the appropriate standard of review is when examining the constitutionality of a state law that restricts or infringements a firearms interest. Setting this standard to a level much higher than “intermediate scrutiny” is important and could result in federal challenges to many of Tennessee’s existing statutory restrictions – restrictions which have been brought to the attention of the Tennessee Legislature and Governor but which they have refused to repeal or address.
If you would like to support the effort of Tennessee Firearms Association to continue to be involved with federal and state litigation to protect and restore our rights, please considering becoming or renewing your membership. If you are already a member, please consider making a supplemental member contribution in an amount you feel is appropriate to this effort.
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