by John Harris
On August 25, 2023, Tennessee Firearms Association (TFA) joined again with Gun Owners of America GOA) in the effort to defeat the Bureau of Alcohol Tobacco and Firearms’ (ATF) 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.
The issue in this case includes the ATF’s attempt to redefine what has frequently been referred to as “80 percent 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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John Harris is the Executive Director of the Tennessee Firearms Association.
Photo “Fieldstripped Firearm” by Jan Hrdonka CC4.0.
Lee is a disaster.