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United States Supreme Court Decision holding that there is a right to carry firearms outside the home raises serious constitutional questions about current Tennessee law
On June 23, 2022, the United States Supreme Court released its long awaited 6-3 decision in the New York State Rifle & Pistol Association, Inc., et al. v. Bruwen, et al, No: 20-843. It is an extensive 135 page opinion of which the majority opinion by Justice Thomas is 63 pages. This opinion will generate more litigation for years to come but it does hold, reversing much of the case law since the Court’s decisions in Heller (2008) and McDonald (2010) that the Second Amendment protects the individual right of citizens to carry a handgun outside the home for self-defense purposes.
TFA's preliminary analysis and review of the opinion is too long for an email. It can be viewed, along with the Court's entire opinion, on today's TFA News Post.
Of particular note is the fact that the Court has now held that there is a constitutionally protected right to carry a handgun outside the home. A right. Tennessee law is to the contrary. Tennessee law, as discussed in the news post, makes it a crime for anyone to carry a firearm, including a handgun, in the home, on your property or in public "with the intent to go armed". Tennessee does have a number of statutes which provide defenses that you might be able to raised to that criminal charge, but the problem is that the only time the state is required to address the statutory defenses is during a jury trial. Thus, Tennessee law as it presently exists is not structured based on a constitutionally protected right. Tennessee law is based on the premise that citizens have no right to carry a firearm in public, at home, on their property, in their business or for self-defense unless the state enacts a "defense" by statute that extends that opportunity to you.
In sum, the Supreme Court has now held that it is a right for a citizen to carry a firearm in public. It is again long past time that Tennessee’s Legislature quit stonewalling and recognize that this is a fundamental human right, one of the few that are expressly protected by both the federal and state constitutions. The Tennessee Legislature can and must move forward as soon as possible to enact REAL constitutional carry – not just another statutory defense. It must also zealously review each and every statute that purports to restrict your right to carry in public and repeal most if not all of the gun free zone and similar restrictions that the Republican super majority has either enacted or protected in the last 12 years that they have totally controlled state government.
The TFALAC (TFA’s political action committee) has set its annual BBQ
lunch and auction for Saturday, September 3, 2022 at the Farm Bureau
Expo Center in Wilson county, Tennessee. Please sign up as sponsors, vendors or purchase your tables and tickets.
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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
gives them the most money!
TFA Website: www.tennesseefirearms.com
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