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…
TFA Director’s report on meetings at the General Assembly on Wednesday, January 25, 2023
A report on a visit by C. Richard Archie to the General Assembly on Wednesday, January 25, 2023. I was privileged to have a sit down with the Speaker of the House on Wednesday, orchestrated by my State Rep, Chris Todd, and attended as well by Rep. Clay Doggett The take away is that we will,…
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…
Tennessee’s ban on 18-20 year olds obtaining handgun permits declared unconstitutional
On January 23, 2023, an agreed order was filed in the federal case styled Beeler v. Long, U.S. District E.D. TN 3:21-cv152 (opinion included below) in which the Tennessee Attorney General agreed with the Plaintiffs that Tennessee’s ban on 18-20 year olds to get handgun permits was unconstitutional. In 2021, Governor Bill Lee pushed an…
The inconvenient recent history of Tennessee’s gun laws and the problem of incrementalism
We often hear elected officials, particularly members of the Republican party, talking about how certain things, specifically restoring gun rights, often requires an incremental approach. See statement by Senate Judiciary Chair Mike Bell (3/2/21). But, there is also evidence that the history of the Republican control of the General Assembly starting in 2007 shows increasing…
Is “ignorance of the constitution” a valid excuse for government violations of the Second Amendment?
It has been a core principle of law in this country, under English law and dating back to at least the times of the Romans that ignorance of the law is no excuse. The legal maxim is sometimes referred to as “Ignorantia juris non excusat“. On Tuesday, January 10, 2023, Tennessee’s legislators will be sworn…
Should an individual be required to prove they are entitled to exercise the rights protected by the Second Amendment?
Tennessee law makes in a crime for anyone to carry a firearm “with the intent to go armed.” Tennessee Code Annotated § 39-17-1307(a)(1). The fact is, because of this statute, the Legislature has defined the entire state as a gun free zone, including all personally owned real property. The fact that your home, your farm,…