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On November 3, 2021, the United States Supreme Court took up a Second Amendment case involving New York law. This is a case in which the Tennessee Firearms Association is an amicus party, that is TFA filed a "friend of the court" brief. (Note: You can hearing the oral arguments in this case or read the printed transcript on the Supreme Court's website.)
The case involved a challenge to New York's permitting laws which required that an individual show not only good cause but a unique or atypical cause for needing a handgun permit. The arguments were well presented and from the questions that came from the judges they seemed to, at least the conservatives, understand that the issue continues to address post-Heller the unresolved question of what constitutes a reasonable restriction - in the eyes of the court - on an established individual right that is protected by the "shall not be infringed" clause of the 2nd Amendment.
There are perhaps hundreds or thousands of reviews and commentaries on this case but most of that is fluff until the Court decides the case.
But there is a unique and frustrating Tennessee angle on this arguments and in some of the briefs. In reading the transcripts of the arguments in the US Supreme Court on November 3, one thing sticks out as something very true about Tennessee which too few Tennesseans and very few Tennessee legislators seem to grasp.
At page 98 of the transcript, the US Attorney (Biden's boy) is arguing against the 2nd Amendment and trying to claim that New York's "atypical cause" standard is supported by at least two centuries of laws in the various states. The first state he mentions? Tennessee! He notes that Tennessee has had perhaps the longest history of making it a crime for a citizen to carry a gun --- "And in Tennessee, in 1821, you couldn't carry a pistol at all."
There is substantial truth to the US Government's claim observation concerning Tennessee law. Indeed, it is a truth which the Tennessee Legislature even under GOP control in 2021 refused to address or correct. In fact, the state of Tennessee has been under complete GOP control since at least 2010 and the problem - indeed the infringement - really has not improved.
The simple fact is for almost all of Tennessee's history, there are statutes on the books, including one today, that make it a crime for any citizen to carry a firearm with the intent to go armed. See, TCA 39-17-1307(a)(1).
Now, some will say - some like Bill Lee and perhaps Rep. William Lamberth or Sen. Jack Johnson - that 'oh no, that is not true because we passed constitutional carry in Tennessee in 2021" but that is just not true. It is not true at all and some of them know it and admit it.
Constitutional carry, real constitutional carry, is an environment or system where it is not a crime - not a crime at all - for a citizen to carry a firearm for self-defense or other lawful purposes. Tennessee DOES NOT have that system today and has not had it (with a minor exception regarding carry a military style handgun openly in the person's hand) for practical its entire history.
What Tennessee has is a statutory structure that simply says it is a crime for anyone to carry any firearm with the intent to go armed. That is it, that is the crime. Read it for yourself in Tennessee Code Annotated Section 39-17-1307(a)(1).
Now, this statute as with many others, may have affirmative defenses or affirmative exceptions which if established AT TRIAL can excuse the criminal act. But the burden is placed by the state on the individual to prove that defense or exception at trial. The handgun permit, permitless vehicle transport even the 2021 permitless carry law (disaster) are all statutory defenses to a criminal charge. What's more is that an arresting officer and/or a district attorney is not REQUIRED to consider these statutory defenses before arresting or indicting someone. They can - certainly - but they are not REQUIRED to do so.
Tennessee is and remains a boil on the but of the true and free exercise of the rights recognized in the 2nd Amendment. Tennesseans elected the GOP majority as early as 2010 on promises to support and defend and restore our constitutional rights but this is one area where they not only have not done it - they refuse to do so.
We can change that in 2022 by demanding that the GOP controlled legislature stop the shenanigans and restore our RIGHTs and forever eliminate the crime/defense regime. You can help by getting informed, getting engaged and holding the Legislature accountable to their oaths and to their promises. If they will not "feel the heat" as Reagan said, then show them the door in the 2022 elections and replace them - all of them if necessary.
For now, take a moment and take the TFA's 2021 2nd Amendment survey. But don't stop, forward this email to everyone you know and ask them to take the survey as well.
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Executive Director
johnharris@tennesseefirearms.com
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
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