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Federal court declares federal restrictions on those 18-20 as unconstitutional - what does that mean for Tennessee?
A Fourth Circuit federal appeals court issued a ruling on July 13, 2021, in Hirschfield v. BATFE,
et al, 4th Cir. No: 19-2250 (linked in TFA full analysis) which addressed the issue of
when do constitutionally protected rights under the 2nd Amendment
attach. That appellate court concluded that the rights attach at age 18
– not age 21 – and struck down a portion of federal law that prohibits
transfers by federal firearms dealers of handguns to those under age 21.
As Tennessee Firearms Association has argued, the court found that those rights attach at a minimum by age 18.
If the Fourth Circuit’s analysis is correct that those 18 and up have
rights that are protected by the 2nd Amendment from government
infringement, then isn’t the statutory scheme in Tennessee regarding handgun permits and even this new "permitless carry" travesty just another
massive infringement on the rights of citizens? Are these laws, to
the extent that they infringe those rights, unconstitutional? If they
are unconstitutional restrictions on constitutionally protected rights,
do they give rise to perhaps federal civil rights claims under 18 USC
1983? The answer is apparently yes.
Read More...
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Executive Director
johnharris@tennesseefirearms.com
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