TFA: Tennessee Legislature taking action on approximately 79 bills already in January 2024 – many of which are unconstitutional

Tennessee Legislature taking action on at least 79 proposed laws in January 2024 – many violate the Supreme Court’s BRUEN decision.

As of January 26, 2024, approximately 71 bills have been filed in 2024 on issues of interest to the Tennessee Firearms Association and its members. As detailed in the TFA’s Bill Status Report, most of them are bad ideas that demonstrate a complete disregard of the Supreme Court’s mandate in its decision in New York State Rifle and Pistol Association v. Bruen, No. 20-843.

In Bruen, the Supreme Court tried once again to make clear that the rights protected by the Second Amendment are not ‘second class’ rights but they are fundamental rights which the Constitution absolutely prohibits any government from infringing. The Supreme Court held that the only exception to that prohibition would be restrictions which were identical to or close analogues to restrictions that were part of the nation’s historical tradition as of 1791 when the Second Amendment was adopted.

TFA has called on Tennessee Legislators to be prepared to demonstrate the “Bruen Basis” for any legislation that they propose and also for any existing laws that they fail to repeal. Although the “Bruen Basis” is described more fully in the TFA’s prior post, it generally means that Legislators have an affirmative burden imposed by the Supreme Court to demonstrate by clear evidence that any proposed law or restriction by government on any right that appears to be protected by the Second Amendment is a restriction that existed as part of the nation’s historical tradition as of 1791. The Supreme Court made clear that other claimed justifications such as “reasonable”, “common sense”, or even, as Bill Lee likes, “public safety” are irrelevant. The Supreme Court imposed an affirmative burden on the government to prove that the proposed restriction – whatever it is – is one that the nation (not just one or two states) embraced as part of its “historical tradition” as of 1791 when the states ratified the Second Amendment.

As noted, most of these proposals and practical all of the proposals by Democrat legislators or “Democrat minded” legislators fail the “Bruen Basis.”

In addition to the detailed report released by TFA as of January 26, 2024, identifying newly filed bills or those filed in 2023 that have recent activity, TFA is also distributing its calendar report for the week of January 29, 2024.

Contact your legislators as well as the bill sponsors and committee members (see Calendar report) with your position or questions about these bills.

John Harris | Executive Director | Tennessee Firearms Association

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