August 27, 2023
TFA and GOA file Amicus Brief in Fifth Circuit Court of Appeals challenging ATF’s “Frame and Receiver” rule.
On August 25, 2023, Tennessee Firearms Association joined again with
Gun Owners of America in the effort to defeat the ATF’s unconstitutional
expansion of the Congressional definition of a “frame or receiver”.
The brief was filed in the case of Jennifer VanDerStok, et al. v. Merrick Garland, et. al. Fifth Circuit 23:10718. A copy of the amicus brief is on the TFA's news post.
The issue in this case includes the ATF’s attempt to redefine what
has frequently been referred to as “80% lowers”. Those asking the
court to invalidate the rule assert that only Congress has the authority
to change or expand a definition that Congress provided and that the
ATF’s “reinterpretation” on the long standing phrase “frame or receiver”
is an attempt by an administrative agency to do what only Congress is
authorized to do. If you are a TFA member and would like to help fund additional litigation like this, please consider making a supplemental member donation. Also, this year we have established the Tennessee Firearms Foundation, Inc.,
a new entity that is now recognized by the IRS as a 501(c)(3) charity.
Part of the work of TFF will be to expand the work in educating the
public on federal and state firearms laws, the state and federal
constitutions and to help TFA expand the litigation challenges to state
and federal infringements on the rights protected by the Second
Amendment. Special Session and Red Flag Laws
Governor Lee has called the Legislature to a Special Session in the name of "public safety" to address 18 broad and loosely defined categories that range from mental health, stalking, juvenile crime, sex trafficking and court system reform among other topics. This breadth of issues appears intended, at least by the Governor, to create a mass of confusion so that hopefully item 12 in his proclamation - an extreme risk protection order, also commonly known as a Red Flag law - might be slipped through in the confusion.
The Legislature is expected to resume the expensive and unnecessary Special Session on Monday, August 28. The best thing that could happen is a stalemate where nothing is rushed through and nothing passes. Whatever ideas there are should simply be deferred to January when the Legislature's "regular session" will resume and the intentionally fabricated rush and confusion of the special session is over.
What is clear, at this point, is that the Governor's insistence that Tennessee become a "Red Flag" state appears to remain present. He has not signaled otherwise. Therefore, we must assume that the Governor's attempt to set public policy (a job solely vested constitutionally in the Legislature) by demanding a Red Flag law will continue through the intervening months and will surface like a cancer coming out of remission in the Legislature regular session. It is critical that we keep this in mind. History has proven that we cannot trust Bill Lee to honor and defend the rights protected by the Constitution and we should not assume that his failure there will change by January 2024.
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