Some might raise the question of whether the United States Supreme Court’s opinion in New York State Rifle and Pistol Association v. Bruen has any impact on Tennessee? That is, does the holding in Bruen have any impact on Tennessee’s laws, regulations, executive orders, local government actions and even the sworn oaths of elected and appointed officials?
The answer is already resolved by the constitution and the Courts and the answer is an unqualified yes.
The United States Supreme Court decided in McDonald v. City of Chicago, 561 U.S. 742 (2010) and held that the Second Amendment, by virtue of the Fourteenth Amendment, applies fully to restrict state action to the same extent that it prohibits federal action. (“In Heller, we held that the Second Amendment protects the right to possess a handgun in the home for the purpose of self-defense. Unless considerations of stare decisis counsel otherwise, a provision of the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the Federal Government and the States. See Duncan, 391 U. S., at 149, and n. 14. We therefore hold that the Due Process Clause of the Fourteenth Amendment incorporates the Second Amendment right recognized in Heller. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings.”)
In 2022, the United States Supreme Court applied the Second and Fourteenth Amendments to declare unconstitutional New York State’s handgun permitting law. New York State Rifle and Pistol Association v. Bruen.
Following Bruen, Heller and McDonald, a Tennessee Court of Appeals declared unconstitutional a local government practice in Tennessee that restricted resident firearms possession in government housing. See, Columbia Housing & Redevelopment Corp. v. Braden, M2021-00329-COA-R3-CV (Oct, 13, 2022.)
More recently, the Attorney General for the State of Tennessee submitted an agreed order in a federal civil action that challenged Tennessee’s “scheme” of prohibiting most 18-20 year olds from being eligible for Tennessee’s handgun permits and/or to be eligible to carry under the state’s 2021 permitless carry law. In that Agreed Order the State Attorney General specifically referenced Bruen and agreed that the state’s statutory “scheme” violated the Second Amendment, violated the Fourteenth Amendment and constituted a federal civil rights violation.
There is no credible basis for anyone, much less an elected or appointed official who has taken an oath to defend and protect the constitutionally protected rights of Tennesseans, to ignore or deny how Bruen applies to render unconstitutional various Tennessee statutes, rules, regulations, and other restrictions on the rights protected by the Second Amendment. Do not tolerate such stonewalling or misconduct by elected or appointed officials. Know the facts and be willing to stand up and defend your rights against their official oppression thereof.
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