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,…
The United States House Speaker – do campaign promises really make a difference?
As of January 3, 2023, the Republicans were supposed to control the United States House of Representatives by a slim majority. On that date, many expected that the task of electing a new Speaker and moving forward with the business of “the people” in the House would start under Republican party control. But as of…
Will Tennessee’s GOP Legislature finally honor the Second Amendment in 2023?
Tennessee Firearms Association started working with state legislators in 1995. At that time, the Tennessee Legislature was in the total control of Democrats in both the House and the Senate. At that time, the chairmen of the respective Judiciary committees were rural, seasoned trial attorneys who, frankly, worked with Tennessee Firearms Association on some of…
TWRA argues to Court of Appeals that it can search private land at any time without a warrant
In a case working its way through the Tennessee Court of Appeals, the issue is whether and to what extent the Tennessee Wildlife Resources Agency can enter a person’s real property at any time without a warrant if it suspects that any hunting activities are taking or have taken place in the past. A state…
WTN’s Brian Wilson’s interview with Speaker Cameron Sexton about 2023 firearms legislation in Tennessee
On Friday, December 16, 2022, WTN’s (FM 99.7 Nashville) Brian Wilson interviewed Tennessee House Speaker Cameron Sexton about possible Second Amendment related Tennessee legislation in 2023. Among various topics, they briefly discussed the fact that Tennessee still does not have REAL constitutional carry and the possibility that legislation to enact real constitutional carry in Tennessee…
Is there constitutional authority of the TN Governor to use taxpayer funds to lobby the legislature against your constitutional rights?
The Tennessee Constitution, like the federal constitution, establishes three branches of government. The legislative branch is elected by the people to represent their interests in the crafting of the state’s public policies. Although the state constitution also provides for the office of governor, that office is not one of a “ruler”. The office of governor,…