U.S. Law Shield members should be aware of a legal battle shaping up in The Volunteer State between the gun-loving legislature and gun-tepid governor of the state.
Both chambers of the Tennessee General Assembly voted last month to pass a bill that would block the State from participating in the implementation and enforcement of federal gun-control measures that violate Tennessee’s Constitution.
HB 1341’s summary states, “No public funds, personnel, or property may be used to enforce any federal law or regulation that regulates the ownership, use, or possession of firearms, ammunition, or firearms accessories, if the expenditure or use of the personnel or property would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.”
If passed, Tennessee law would be amended by adding the following as a new section to TCA Title 38, Chapter 3:
(a) On or after July 1, 2015, no public funds of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.
(b) On or after July 1, 2015, no personnel or property of this state, or any political subdivision of this state, shall be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, or possession of firearms, ammunition, or firearm accessories.
House sponsor State Rep. Andy Holt (R-Dresden) said in a release, “Tennessee just stood up to the federal government in a big way. Citizens and state legislators from across the country need to understand the impact of what we just did”.
A little known tool called anti-commandeering doctrine has been upheld by the Supreme Court for more than 180 years. It allows states to opt out of enforcement of any and all federal laws. Most people do not know that states are, for the most part, complicit in the enforcement of federal laws that usurp our constitutional rights. The fact is, without state assistance, the federal government doesn’t have the resources to enforce all of their regulations and laws.
“The court has been very clear. We do not have to comply, so we won’t. We have had enough.”
The proposal to block federal gun-control measures prevailed unanimously (30 to 0) in the Tennessee Senate and by a vote of 74 to 20 in the state’s House of Representatives.
Gov. Bill Haslam, a Republican, opposes this measure.