Tennessee Firearms Association and Gun Owners of America jointly
filed a motion seeking permission to formally file an amicus brief (a
“friend of the court” brief) with the Tennessee Court of Appeals in a
case styled
Terry Rainwaters, et al., v. Tennessee Wildlife Resources Agency, et al., Appeal No: W2022-00514-COA-R3-CV. The proposed TFA/GOA brief is included on the
TFA's news post.
The
core issue in this case is whether and to what extent the Tennessee
Wildlife Resources Agency can enter a person’s real property at any time
without a warrant if it suspects that any hunting activities are taking
or have taken place in the past. A state trial court previously ruled
that the state statutes that TWRA relies upon for these clandestine
invasions and surveillance (including placement of cameras) of private
property are unconstitutional. (
April 2022 trial court opinion).
The trial court ruled against the TWRA when the trial court concluded
that the Legislature’s actions by enacting Tennessee Code Annotated §§
70-1-305(1) and (7), which are the provisions that TWRA was relying
upon, are facially unconstitutional because these statutory provisions
“authorize unreasonable warrantless searches in violation of Article I,
Section 7 of the Tennessee Constitution.”
In its appeal, TWRA argues to the Court of Appeals that “(1) Sections
70-1-305(1) and (7) are not facially unconstitutional; (2) the
properties at issue are not constitutionally protected; and (3) any
“search” by the TWRA officers was not unreasonable and therefore did not
violate Tenn. Const. art. I, § 7.”
TFA and GOA argue in the
proposed amicus brief that not only are the statutes that TWRA relies
upon unconstitutional under the state constitution, as the trial court
found, but that the statutes, as applied by TWRA, but that the “actions
and policies of the TWRA are dangerous, resulting in an unsupportable
risk of injury or liability to private citizens on private lands as well
as to TWRA agents who are unlawfully present on those same private
lands.”
This case and the TWRA’s policies have existed now for several years.
Obviously, the Tennessee Legislature could have stepped in and
addressed the issue long before now by requiring TWRA to show to a
judicial officer sufficient probable cause to believe that a crime is
being or has recently been committed such that a search warrant can be
issued. If it did so, the Legislature would need to include enough
provisions in any such proposed law to ensure that those judicial
officers are going to put a priority on defending and safeguarding the
personal and property rights of citizens rather than merely “rubber
stamping” what the state wants to do. So far, the Legislature has not
acted although at least
one bill
to address this problem was filed in 2021 but it was killed in the
House Criminal Justice Subcommittee without a recorded vote.
If you are a TFA or GOA member and would like to support efforts by
these organizations, please make sure your memberships are up to date
and consider
supplemental donations. If you are not a TFA or GOA
member, considering
joining today.
If you think that the
Legislature should have never passed unconstitutional laws and/or that
it should have stopped this conduct by TWRA long ago, then make sure to
reach out to your legislators today and speak with them about your concerns.