Constitutional concept of “arms” under the Second Amendment

The Second Amendment was intended to and its primary purpose is to prohibit the government from infringing or limiting access by civilians to arms that are suitable, necessary and/or appropriate to military engagement.  That purpose is made clear by the Amendment’s preamble which declares that the security of a free state is dependent upon a…

Tennessee Court of Appeals holds that TWRA unconstitutionally trespassed on private property

In a decision released on May 9, 2024, in the matter of Terry Rainwaters, et al. v. Tennessee Wildlife Resources Agency, et al., No: W2022-00514-COA-R3-CV, the Tennessee Court of Appeals held that a Tennessee statute (enacted by the Tennessee Legislature) on which the TWRA relied for its warrantless searches is unconstitutional as applied. That decision…

Tennessee Attorney General Jonathan Skrmetti joins 21 other states to sue ATF over “engaged in business” rule

On May 2, 2024, the office of the Tennessee Attorney General announced that Tennessee and 21 other states had filed a federal civil action against the ATF seeking to block the ATF’s new rule which massively redefines “engaged in the business” in such a way as to potentially require hundreds of thousands of individuals and…

The Tennessee Legislature’s passage of legislation to potentially increase number of firearms on school grounds

On April 23, 2023, the Tennessee Legislature passed Senate Bill 1325 / House Bill 1202 that was carried by Senator Paul Bailey and Representative Ryan Williams. The legislation would authorize under very limited circumstances a “person employed by an [sic] LEA [Local Education Agency] to possess and carry a concealed handgun on the grounds of…

TFA’s Federal Litigation Update

In the last few years, Tennessee Firearms Association and, since early 2023, Tennessee Firearms Foundation (www.tennesseefirearmsfoundation.org) have increasingly engaged in federal and state litigation. First, let’s address the question of why.  Tennessee Firearms Association has now been in existence for approximately 29 years.   We have worked hard, as a grassroots organization, on efforts to get…

TFA Joins Amicus Brief Supporting Rights of States to Defend Themselves

On February 23, 2024, the Tennessee Firearms Association and the Tennessee Firearms Foundation (a 501(c)(3)) joined U.S. Constitutional Rights Legal Defense Fund,  Citizens United, Citizens United Foundation, The Presidential Coalition, Gun Owners of America, Gun Owners Foundation, Gun Owners of California, and the Conservative Legal Defense and Education Fund to submit an amicus brief in…

Tennessee Legislators are considering the “Bruen Basis” for proposed legislation.

On February 6, 2024, Rep. William Lamberth presented his House Bill 1640. Rep. Lamberth seeks to expand the circumstances under which access to firearms (but not other deadly weapons) is prohibited with respect to individuals who have been “adjudicated as a mental defective or judicially committed to a mental institution.” The restriction applies even to…