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 the Tennessee Legislature to make changes in Tennessee law that would bring Tennessee’s statutes, executive orders, regulations and local enactments in compliance with both the Tennessee Constitution and the Second Amendment. After close to three decades of efforts to achieve these goals through Legislative efforts, it was increasingly clear, particularly in the last 14 years, it has become clear that there simply is not a clear majority of legislators in both houses to enact constitutionally principled changes in Tennessee’s statutes.
For example, for years efforts have been made to change Tennessee law to recognize that individuals who are 18-20 are constitutionally qualified to purchased, possess and carry firearms, including handguns. The Tennessee Legislature has not made that change. Indeed, as recent as 2021 Tennessee’s Republican super majority enacted yet another law making it a crime for someone under the age of 21 to carry a handgun with the intent to go armed in legislation sponsored by Rep. William Lamberth and Senator Jack Johnson. Yet, in 2023, a federal court entered a consent settlement whereby the Tennessee Attorney General, on behalf of the state of Tennessee, agreed that the state’s statutes which prohibited 18-20 year olds from carry a handgun or from being issued a handgun permit was a violation of the 2nd and 14th Amendments and constituted a federal civil rights violation. Yet, as of today, the Tennessee Legislature still has not fixed a clearly unconstitutional law.
Thus, since efforts to work with the Tennessee Legislature which is under the control of Republican super majorities in both houses have not resulted in a clear agenda to fix the multiple constitutional problems with Tennessee’s statutes, perhaps that is something that the courts would be more willing to do.
Aligned with the problems with state law, however, are the many problems placed on Tennesseans by the federal government and its tyranny as pertains to the rights protected by the Second Amendment. Of course, those problems are now almost a century old and getting worse particularly since the Obama administration and particularly with Biden’s ATF and DOJ. So, in the last 4 years, TFA and the Tennessee Firearms Foundation have been investing time and resources to participate in federal amicus briefs (- that is “friend of the court”) in many federal appellate courts and the United States Supreme Court.
Example Cases. There are now many cases in which TFA and TFF have joined with like-minded state and national advocacy groups (mainly Gun Owners of America) to support constitutional changes to federal and state laws. We carefully consider each opportunity and are looking for cases that either directly impact the rights that are protected by the Second Amendment or cases, perhaps under the 10th Amendment, that would if successful lead to precedent that would be usable in future Second Amendment cases.
Many of these cases may have limited public name recognition but that does not minimize their potential value. However, one of the cases in which TFA invested time and money in 2021 is the now cornerstone decision in Bruen:
New York State Rifle & Pistol Association v. Bruen, United States Supreme Court 20-843 Joint Amicus Brief July 20, 2021
But there are many other significant cases. In just the last 12 months, for example, TFA and TFF have participated in federal amicus work in the following cases:
US v. Abbot, No. 24-50149 (5th Cir. March 13, 2024) (regarding right of states to oppose illegal immigrants within their borders)
US v. Abbott, No. 23-50632 (5th Cir. Feb 23, 2024) (regarding right of states to oppose illegal immigrants within their borders)
Murphy v. Missouri, No. 23-411 SCOTUS, February 9, 2024, (enterprise censorship)
Fischer v. United States, No. 23-5572 SCOTUS, February 5, 2024 (January 6 2020 detainees)
Garland v. Cargill, No: 22-976 SCOTUS Jan 29, 2024 (appeal by ATF from 5th Cir. decision which had held ATF’s bumpstock regulation unconstitutional)
Trump v. Anderson, No 23-719 SCOTUS Jan 18, 2024 (federal presidential ballot access and 14th Amendment)
NRA v. Vullo, No. 22-842 SCOTUS Jan 16, 2024 (NY attacking 2nd Amendment by issuing notices to lenders and insurance companies)
Miller v. Bonta, No: 23-2979, 9th Cir Dec. 29, 2023 (challenge to state statute on assault weapon ban)
Duncan v. Bonta, No. 23-55805, 9th Circuit En Banc (Dec. 28, 2023)(challenge to state statute on high capacity magazines)
United States v. Zackey Rahimi, No. 22-915 SCOTUS Oct 4, 2023 (challenge to 18 USC 922(g)(8))
O’Handley v. Weber, No. 22-1199 SCOTUS August 25, 2023 ( social media censorship)
Missouri v. Biden, No. 23-30445 (5th Cir. August 7, 2023) (social media censorship)
Ronald Koons, et Al., V. Matthew J. Platkin, et Al No: 23-1900, 23-2043 (3rd Circuit August 17, 2023)
Loper Bright Enterprises, et al v. Rainmondo, No. 22-451 SCOTUS (July 24, 2023) (Chevron deference)
Guedes v. BATF, No: 22-1222 SCOTUS July 20, 2023 (bumpstocks)
US. v. Daniels, 5th Cir. 22-60596, Amicus Brief July 6, 2023 (challenge to 922(g)(3))
How you can help? There are several things that you can do to help.
1) Understand that it costs time and resources to seek to restore our rights in the courts. TFA and TFF do not incur attorney’s fees for the representation in these cases by John Harris because all of that time is donated. However, TFA and TFF do incur direct and shared costs such as third party researchers, filing fees, law clerks for research, etc. TFA and TFF’s expenses can range from $1000 to $10,000 per federal case. The necessary fact is that TFA and TFF’s ability to engage in this litigation depends on the ability to raise the funds from members and donors to do so. Please consider supplemental member contributions. Further, donations to the Tennessee Firearms Foundation, since it is a 501c3 charity, are tax deductible.
2) Let your friends know that TFA and TFF are working in the courts to defend and restore our rights. Encourage them to understand the necessity and benefits from this litigation focus. Encourage them to consider joining TFA and/or considering charitable donations to the Tennessee Firearms Foundation.
3) Talk with your legislators about why it is that Tennessee’s statutes are constitutionally defective and the Legislature, particularly after 14 years of Republican super-majority control, has still failed to repeal or correct so many of these constitutional violations. When you get answers – if you get answers – make sure you share them on social media and send copies to TFA.
4) If you are an attorney and would like to support this effort when opportunities arise (including raising constitutional issues in your criminal cases) get in touch with John Harris at johnharris @ tennesseefirearms.com
5) If you are a judge and one of these issues comes before you, consider asking for amicus filings if it would help you consider the issues or resolve the matter.
6) If you are an attorney or a judge, speak with those organizations that provide your “continuing legal education” programs about having these topics addressed in those offerings.
John Harris | Executive Director Tennessee Firearms Association
Joining and supporting TFA is an investment in the fight to restore our constitutional rights and to fight against politicians who are willing to sell their votes and your rights to whichever business interest gives them the most money!