On August 29, 2023,Tennessee State Senator
Frank Niceley (R) spoke on the Senate Floor concerning the rights that are protected by the Second Amendment but which are infringed by the State of Tennessee. (
Niceley video)
Specifically, he addressed the issue of “imaginary, fictional
gun free zones”. We want to acknowledge Senator Niceley for stating the
obvious but at the same time emphasizing the fact, perhaps indirectly,
that existing Tennessee laws rely directly on the perceived
effectiveness and constitutionality of these imaginary, fictional gun
free zones.
Tennessee's "gun free zone" laws are a direct violation of the Second Amendment particularly in light of the United States Supreme Court's opinion in
New York State Rifle and Pistol Association v. Bruen in which it struck down a New York handgun permit law as violating the Second
Amendment.
The Supreme Court established in
Bruen
that, “when the Second Amendment’s plain text covers an individual’s
conduct, the Constitution presumptively protects that conduct. To
justify its regulation, the government may not simply posit that the
regulation promotes an important interest. Rather, the government must
demonstrate that the regulation is consistent with this Nation’s
historical tradition of firearm regulation. Only if a firearm
regulation is consistent with this Nation’s historical tradition may a
court conclude that the individual’s conduct falls outside the Second
Amendment’s ‘unqualified command.’”
Bruen at 2126.
Substantial all, if not all, existing gun free zones in Tennessee violate the Second Amendment's mandate and violate the standard for review established in
Bruen.
All Tennessee Legislators take an oath of office to
protect and uphold the constitutions and the constitutionally protected
rights of citizens. Every elected Legislator in the state should be
contacted and asked if they will stand with Senator Frank Niceley on his
statements and if they will stand up, on their solemn oaths, and pledge
to eliminate gun free zones in 2024.