Tennessee Firearms Association joins amicus brief in 9th Circuit case involving state law restrictions on firearms purchases
Full Report (includes copy of the brief)
On May 2, 2022, Tennessee Firearms Association joined with other
national and state organizations to support an appeal to the 9th Circuit
Court of Appeals of a case challenging and at the trial court level
striking down certain state level infringements on firearms purchase
procedures. The case is Yukutake, et al, v. Shikada, et al.,
9th Circuit 21-16756.
In this case, TFA is joining with Gun Owners of
America, Inc., Gun Owners Foundation, Gun Owners of California, Heller
Foundation, Oregon Firearms Federation, Virginia Citizens Defense
League, Grass Roots North Carolina, America’s Future, Inc., Conservative
Legal Defense and Education Fund, and Restoring Liberty Action
Committee in the ongoing effort in the federal courts to defeat
infringements on our 2nd Amendment rights. Shaping state and federal
law in the courts is considered particularly necessary when state
legislators and governors are unwilling to do so through the legislative
process or by forcing the federal government to abide by the 2nd and
10th Amendments.
Hawaii has severe restrictions on firearms ownership. Two of those
laws were challenged in this case. One law requires a permit to purchase
a handgun but the permit is valid for only one purchase and expires in
10 days. The second law required all owners to personally bring newly
acquired firearms to the police station for registration. The
Plaintiffs challenged the constitutionality of these laws. Hawaii
claimed that the laws were constitutional under an “intermediate
scrutiny” standard that is so often applied not only by courts but as we
see in Tennessee is often applied by legislators who are considering
whether existing and proposed laws can be enacted.
In June 2021, the federal district court that heard the case granted
summary judgment to the Plaintiffs and struck down both Hawaii laws as
unconstitutional. The court applied an intermediate scrutiny standard,
which the plaintiffs had argued was too deferential. However, the
district court struck down the laws even under the more lenient
standard. Hawaii has appealed to the 9th Circuit.
TFA viewed
this as an important case to get involved with because it will present
the issue to a federal appellate court, in a case that could end up in
the U.S. Supreme Court, on what the appropriate standard of review is
when examining the constitutionality of a state law that restricts or
infringements a firearms interest. Setting this standard to a level
much higher than “intermediate scrutiny” is important and could result
in federal challenges to many of Tennessee’s existing statutory
restrictions – restrictions which have been brought to the attention of
the Tennessee Legislature and Governor but which they have refused to
repeal or address.
If you would like to support the effort of
Tennessee Firearms Association to continue to be involved with federal
and state litigation to protect and restore our rights, please
considering becoming or renewing your membership. If you are already a member, please consider making a supplemental member contribution in an amount you feel is appropriate to this effort.
TFALAC Annual Event
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.
|
