FPC Prevails in TN 18-20 Carry Case

[Kirk Freeman]

Yesterday an agreed order was entered in the Eastern District of Tennessee where the State of Tennessee agreed to set aside its prohibition of those adults aged 18, 19 and 20 from carrying handguns.

As I have stated before the victories post-Bruen will come slowly, then all at once. A historic analogy is the civil rights struggle for African-Americans after the Civil War. It took a 100 years.

Beeler v. Long: FPC 2A Challenge to TN Carry Ban on 18-20 Year Old Adults

Federal Second Amendment constitutional challenge to Tennessee's ban on the right to bear arms as to law-abiding young adults.

www.firearmspolicy.org

Just as Mississippi fought, so will New York and California. This is a marathon, not a sprint. No one gets freedom for free.

This is the order:

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6079/attachments/original/1674504166/Beeler_v_Long_41_Motion_to_Enter_Agreed_Order.pdf?1674504166

 

[jwamplerusa]

Thanks @Kirk Freeman it's nice to have some good news.

 

[Kirk Freeman]

Thanks @Kirk Freeman it's nice to have some good news.

Disclaimer: I know several individuals at FPC (big surprise), but I am not involved in any of their litigation because of a perceived conflict of interest I could have (I am on the BoD of the ISRPA). I contribute financially.

 

[GodFearinGunTotin]

I saw this this afternoon. I assumed the prohibition was based on enacted legislation. I guess it was just a policy that can simply be rescinded by TPTB? Hmm.

 

[HoughMade]

I saw this this afternoon. I assumed the prohibition was based on enacted legislation. I guess it was just a policy that can simply be rescinded by TPTB? Hmm.

It is enacted legislation:

(b) Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant; provided:

(1) The applicant is at least twenty-one (21) years of age; or

(2) The applicant is at least eighteen (18) years of age; and

(A)

(i) Is an honorably discharged or retired veteran of the United States armed forces; and

(ii) Includes with the application a certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214);

(B)

(i) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and

(ii) Includes with the application a certified copy of the applicant's honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization; or

(C)

(i) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and

(ii) Includes with the application a military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military or a current member of the national guard or United States military reserve, who has successfully completed a basic training program...


Tenn. Code § 39-17-1351

 

[GodFearinGunTotin]

It is enacted legislation:

(b) Except as provided in subsection (r), any resident of Tennessee who is a United States citizen or lawful permanent resident, as defined by § 55-50-102, may apply to the department of safety for an enhanced handgun carry permit. If the applicant is not prohibited from possessing a firearm in this state pursuant to § 39-17-1307(b), 18 U.S.C. § 922(g), or any other state or federal law, and the applicant otherwise meets all of the requirements of this section, the department shall issue a permit to the applicant; provided:

(1) The applicant is at least twenty-one (21) years of age; or

(2) The applicant is at least eighteen (18) years of age; and

(A)

(i) Is an honorably discharged or retired veteran of the United States armed forces; and

(ii) Includes with the application a certified copy of the applicant's certificate of release or discharge from active duty, department of defense form 214 (DD 214);

(B)

(i) Is an honorably discharged member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and

(ii) Includes with the application a certified copy of the applicant's honorable discharge certificate, department of defense form 256 (DD 256), or report of separation and record of service, NGB form 22, that indicates an honorable discharge characterization; or

(C)

(i) Is a member of the United States armed forces on active duty status or is a current member of the army national guard, the army reserve, the navy reserve, the marine corps reserve, the air national guard, the air force reserve, or the coast guard reserve, who has successfully completed a basic training program; and

(ii) Includes with the application a military identification card or such other document as the commissioner designates as sufficient proof that the applicant is an active duty member of the military or a current member of the national guard or United States military reserve, who has successfully completed a basic training program...


Tenn. Code § 39-17-1351

So what good does that settlement do? Is it in effect a promise that we'll pass legislation to comply?

 

[HoughMade]

So what good does that settlement do? Is it in effect a promise that we'll pass legislation to comply?

Federal courts can't force a state legislature to do anything, but they can state that a law on the books is unconstitutional and thus, unenforceable. The agreed order does that.

 

[Kirk Freeman]

So what good does that settlement do? Is it in effect a promise that we'll pass legislation to comply?

It is a court order, not a court suggestion, that the law is void and unenforceable.