On February 28, 2023, Rep. John Ragan presented House Bill 1385 to the House Criminal Justice Subcommittee. The objective of the bill was set forth in a single 4 line paragraph – it was to establish a statutory definition of the ambiguous phrase found in Tennessee Code Annotated § 39-17-1307(a)(1) (and other places) – “with…
Author Archives: JohnHarris
State of Texas and GOA sue BATF over “pistol brace” rule – where is the State of Tennessee – UPDATED
On February 9, 2023, the State of Texas, Gun Owners of America, Gun Owners Foundation and Brady Brown sued the BATF seeking to have the ATF’s “pistol brace” rule declared unconstitutional. (See complaint below). This is one of several such lawsuits across the nation. However, this one is noteworthy because the State of Texas, represented…
Does the Supreme Court’s Bruen decision apply to Tennessee?
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…
Plaintiffs ask court to issue preliminary injunction to prohibit the state from enforcement of the parks statute.
On February 16, 2023, a lawsuit was filed by Stephen L. Hughes, Duncan O’Mara, Elaine Kehel, Gun Owners of America, Inc., and Gun Owners Foundation against Bill Lee, in his official capacity as the governor of the state of Tennessee. See, Stephen L. Hughes, et al., v. Bill Lee, Chancery Court for the 28th Judicial…
State of Tennessee sued in action seeking to declare the “Parks Statute” to be unconstitutional
On February 16, 2023, a lawsuit was filed by Stephen L. Hughes, Duncan O’Mara, Elaine Kehel, Gun Owners of America, Inc., and Gun Owners Foundation against Bill Lee, in his official capacity as the governor of the state of Tennessee. See, Stephen L. Hughes, et al., v. Bill Lee, Chancery Court for the 28th Judicial…
TFA and GOA file amicus brief opposing TWRA’s warrantless search practices
Tennessee Firearms Association and Gun Owners of America jointly filed a motion seeking permission to formally file an amicus brief (a “friend of the court” brief) with the Tennessee Court of Appeals in a case styled Terry Rainwaters, et al., v. Tennessee Wildlife Resources Agency, et al., Appeal No: W2022-00514-COA-R3-CV. The proposed TFA/GOA brief is…
ATF response to attorney inquiry about “80%” kits.
John Harris, in addition to volunteering as TFA’s executive director, is an attorney in Nashville, Tennessee, who regularly represents clients in matters involving the Bureau of Alcohol, Tobacco, Firearms and Explosives. On September 9, 2022 he wrote to the ATF to request clarification of the ATF’s updated rule that went into effect on August 24,…
TFA’s tracked bills for 2023 and first calendar
Tennessee Firearms Association volunteers have been busy reading and flagging legislation to be tracked in 2023. At present, there are 67 bills that have been identified for tracking. Several of those bills are “caption bills” which appear to do insignificant or immaterial things but they were selected because they indicate the intent to amend many…
Memphis police conduct and the law of self-defense
In January 2023, an incident arose in Memphis Tennessee involving numerous city police officers and Tyre Nichols. As a result of that incident, Mr. Nichols died days after the event. On January 26, 2023, several Memphis Police officers were charged with “murder, aggravated assault, aggravated kidnapping, official misconduct and official oppression” according to an AP…
Second Amendment excuses for federal civil rights violations?
On January 23, 2023, the State of Tennessee, under the leadership of Attorney General Jonathan Skrmetti, entered into an agreed order which concluded that laws enacted by the Tennessee Legislature, under a Republican super-majority, constitute an unconstitutional “scheme” that had the effect of denying 18-20 year olds the opportunity to get a handgun permit or…