January 5, 2024
Looking forward to Tennessee's 2024 Legislative Session and Governor Bill Lee's leadership.
After the United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen
in June 2022, there is a serious constitutional question that leads to
the inescapable conclusion that many of Tennessee’s existing laws are clear violations of the 2nd
Amendment, the 14th Amendment and constitute a knowing federal civil
rights violation. The Supreme Court clearly placed an affirmative
burden on the State of Tennessee to show that every existing or proposed
infringement of the rights protected by the Second Amendment are a
category of restriction that existed in 1791 – a date selected because
that is when the States ratified the Second Amendment.
Tennessee has already been sued in federal court to challenge
unconstitutional statutory restrictions that portend to prohibit 18 to
20 year olds from being issued handgun permits or carrying under
Tennessee’s poorly structured “permitless carry” law. The State of
Tennessee entered into a federal court approved settlement agreement
in that litigation which prohibits the Department of Safety from
denying handgun permits because someone is between the ages of 18 and
21. Unfortunately, the Tennessee Legislature failed to go into
Special Session in 2022 or 2023 to deal with constitutional crisis that
exists because numerous state and local infringements clearly violate
the 2nd and 14th Amendments. Further, the Tennessee Legislature failed
to pass any law in 2023 (even during the Governor’s “Red Flag” Special
Session) that would have removed these unconstitutional infringements. The
Tennessee Legislature, under their constitutionally required oaths of
office, can and must take the United States Supreme Court’s mandate in Bruen
seriously and immediately move in 2024’s brief legislative session to
repeal all state and local infringements on your rights that are
protected from such government infringements. To do that, they need to
understand that this is an issue that is important to you which means that you need to get vocal and engaged with your own Legislators. We are preparing to help you do that in the coming days with a campaign designed for that purpose. But let's set that aside for the moment. Tennessee's Governor Bill Lee is already making announcements about what he wants the Legislature to do in 2024. Of course, he is not a constitutional policy maker - that is the job of the Legislature - but let's not let the constitution get in Bill Lee's way. Has he announced that he wants the Legislature to immediately press forward with eliminating from Tennessee's laws anything and everything that would place the state in violation of the Second Amendment as applied by the Supreme Court in Bruen? We have been listening since June 2022 when the Supreme Court issued that opinion and we see little evidence of it. In fact, Bill Lee's response to the Covenant murders shows he ignored Bruen and pushed for more gun control in Tennessee in 2023 without any public demonstration of how what he called for, such as Red Flag laws, would be constitutional under Bruen.
So what has he called for? What does he apparently prioritize over your constitutional rights? News across the nation are reporting that Governor Lee is calling for tax cuts that benefit Tennessee's businesses. Apparently, that is one thing that for him takes a priority over protecting or restoring your constitutional rights. For example, the Tennessean reported the following: 1) Lee is cited as stating that Tennessee's current tax revenue (paid by citizens and non-government entities) "remains about 40% higher than pre-pandemic levels, so the state can afford to offer some tax relief." 2) Despite that strong (perhaps excessive) revenue stream, "Lee said Thursday he has no plans this year to propose a rate cut to
Tennessee's 4% grocery tax ― one of the highest such tax rates in the
nation." 3) Instead, "Bill Lee will propose changes to the state's franchise tax during the
upcoming legislative session to offer tax relief to businesses operating
in Tennessee" 4) Another priority for the Governor is " to establish a statewide system of school choice." Obviously, the Governor's tax and education policies are not issues that TFA exists to monitor. However, it is interesting that these are apparently his priorities rather than the strengthening and restoration of your constitutional rights. Perhaps Governor Lee, Lt. Governor Randy McNally, Speaker Cameron Sexton, and other members of the Legislative leadership will announce publicly between now and when the Legislature resumes its activities what exactly they plan to do about numerous, clearly unconstitutional state laws that trample our Second Amendment rights. Get ready, the battles are about to start!
|