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Tennessee Concedes Its Under 21 Concealed Carry Ban Violates the 2nd, 14th Amendments

 

1. The Challenged Scheme regulating the possession and carrying of handguns that restricts individuals aged 18 years old to 20 years old from carrying handguns or obtaining permits to carry handguns on the basis of age alone violates the Second and Fourteenth Amendments to the United States Constitution.

2. Defendant and his officers, agents, employees, and all others acting under his direction and control, are permanently enjoined from implementing or enforcing the Challenged Scheme to prevent individuals aged 18 years old to 20 years old from carrying handguns or obtaining permits to carry handguns on the basis of age alone.

3. Defendant, in his official capacity as Commissioner of the Tennessee Department of Safety and Homeland Security, shall provide a copy of this Agreed Order to the Tennessee District Attorneys General Conference, the Tennessee Sheriffs’ Association, and the Tennessee Association of Chiefs of Police.

— Beeler v. Long via courtlistener.com

From the Firearms Policy Coalition . . .

Firearms Policy Coalition (FPC) announced the signing of a Settlement between FPC and the State of Tennessee. In the Settlement, Tennessee admits that its prior practice of requiring concealed carry permit holders to be 21 years of age violated the 2nd and 14th amendments and agrees that moving forward it will change its practices to no longer deny qualified individuals their carry permit based solely on age. The Settlement in FPC’s Beeler v. Long case, along with other case documents, can be viewed at FPCLaw.org.

The Challenged Scheme regulating the possession and carrying of handguns restricts individuals aged 18 years old to 20 years old from carrying handguns or obtaining permits to carry handguns on the basis of age alone,” the Settlement reads. “The parties agree that the Challenged Scheme violates the Second and Fourteenth Amendments to the United States Constitution.”

 Law is thrilled with today’s settlement,” said FPC Director of Legal Operations, and attorney on the case Bill Sack. “Our position all along has been that peaceable adults of all ages have human rights – even those aged 18 to 20. To restore the rights of an entire community of folks in Tennessee is a great win for us.”

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebookYouTube.  

47 thoughts on “Tennessee Concedes Its Under 21 Concealed Carry Ban Violates the 2nd, 14th Amendments”

  1. FPC

    For use when the NRA can’t pull their heads out of their own butts – which has been a lot in the past 10 years.

    • It should be obvious the day to day concerted efforts of Gun Control zealots is to End the Second Amendment. Everyday 24/7 some sneaky Gun Control Zealot is plotting another attack on Freedom.

      On the other hand there is no concerted effort whatsoever to Abolish Gun Control like its sidekicks Slavery, Jim Crow, etc. If there were a serious effort discrimination by age would not have made it to the table just like had the proposal been by skin color. Until Gun Control is targeted for termination the dog is just chasing its tail and going nowhere.

  2. This is nice but they’re still on the fast track to becoming the next GA.
    Governors and mayors have to stop rolling out the red carpet enticing and welcoming all these tech and Hollyweird entities to their states. Don’t be blinded by the dollar signs and private jets. In the long run you’ll all be Detroit or San Francisco.

    • Working on it we have a lot of baggage to unpack. With that said I am sure every state has some unconstitutional firearm laws that should be challenged under Bruin right this second.

      • It would be nice if the Supreme Court in the District of Communists would do their jobs and rule that all this gun control violates the Bill of Rights . Drop the gun control and bring back the death penalty and make it legal to defend one’s property with lethal force.

  3. Now if only we could get this fixed in Florida, currently any attempt has been dropped as moot because any 18 year old party suing ages out by the time the case gets anywhere.

      • via e-mail:

        “It has been a long hard fight to get to where we are today. We have a Governor that has pledged to pass Constitutional Carry before he leaves office, and it appears we have a new legislative leadership that is open to advancing pro-gun legislation. This is all due to your hard work.

        “Unfortunately, I’ve received word from multiple independent sources that the fight for a true Constitutional Carry bill isn’t over.

        “Our sources have told us that the Florida Republican-controlled legislature is only willing to advance a permitless, concealed-only carry bill, not full Constitutional Carry. It seems that the legislature is still averse to the idea of Floridians fully exercising their Second Amendment rights via open carry, something our fellow Americans do in 47 other states.

        “Governor Ron DeSantis publicly stated that he supports Constitutional Carry and, by definition that includes open carry. … ”

        Luis Valdez, GOA

        • It should be noted the Republican legislature’s leadership/majority in Florida was directly responsible for the State’s under 21 ban, as well as Florida specific “bumpish stuff” ban, in the Parkland bill they wrote.

          And they definitely oppose open carry, permit-less carry, and campus carry. Only a few true friends in the Florida legislature.

  4. “…it (TN) will change its practices to no longer deny qualified individuals their carry permit based solely on age.”

    Want to bet “they” won’t be able to come up with other “compelling” reasons?

  5. So what am I missing? It appears that other federal court decisions apply to all jurisdictions within that particular circuit. Is it because this case wasn’t at the appellate level or something? Or because it was “settled” by the parties rather than “decided” by the Court? I would have liked to hear this one slap Whitmer…slap the entire 6th, actually.

  6. Anyone under 21 should stop signing up for the DC war machine “the military industrial” complex (AND that includes the Tennessee National Guard)…Its seems they can give an 18 year old a rifle to fatten their wallets, by killing other cultures, but don’t trust them otherwise…and this is coming from a VET too…

    • Unlikely. If a man says “My body, my choice!” to Selective Service Systems, his äss gets thrown in prison.

    • Already happening!
      https://www.foxnews.com/us/us-army-falls-25-percent-short-recruiting-goal

      Bottom line, when the President disrespects the military publically people tend to say “that guy will ultimately be my boss, and he is an a$$ h0le!” So why would strong, fit, intelligent young men go work for a DEI bureaucracy like the US military? What would they have to look forward to, low pay, little respect, and lectures about “White Rage” from senior management who are so incompetent they couldn’t find their own ass with a compass and a map!

      It will take years to flush the DEI and other woke nonsense out of all the federal bureaucracies including the military and until they do there is no point in wasting your time with them.

  7. If you cannot exercise your 2a civil right until 21 you should not be able to exercise any other rights until 21. Not a legal adult until 21.

    It’s an all or nothing deal.

    • Exactly. had a conversation with a buddy about 21 to purchase “assault rifles” he couldn’t define “assault rifle” and his reasoning was the brain is not fully developed until 25. My question was then why can I enter into a contract, join the military, carry a gunm for the government, but can’t have a beer, cigarette, or carry a gunm for myself. he couldn’t come up with a reason and changed his outlook.

      • The answer is obvious.
        Entering contracts and going off to war benefits the bankers and state. I’m surprised they aren’t actively pushing for loans to 12 year olds and child soldiers to wage to their wars.

  8. Federal Firearms Licensees (FFLs):

    Handguns: Under federal law, FFLs may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 21. This law could be changed to include any adult privately transferring a gun to anyone under 21.

    This is why we need a Federal Law to prohibit anyone under 25 from carrying or buying a deadly handgun weapon. As one can see by the above handgun sale law the Feds ignore the Constitution and always have especially when it comes to the safety of the public at large. The Corrupt Supreme Court has stated they have this absolute power. The Federal Handgun sale ban to those under 21 as well as the NFA Act banning new machine gun sales are good examples of that being very necessary to the safety of the public.

    In many ways the Constitution is outdated considering that so much Science has been added to the knowledge of mankind since this outdated document was written. The problem is we have so many Neanderthal Republicans in Congress that Neanderthal Man himself would be considered a genius compared to them. A Republican’s intelligence level cannot even be classed as a retarded Neanderthal.

    Again any Federal Law would trump State Laws even though according to the outdated and totally ignored Constitution it is actually the States, not the Federal Government, that are technically the only ones legally allowed to pass gun control. Again the Feds and corrupt Supreme Court have laughed this off for decades. As Mao Zedong once said “Power comes from the barrel of a gun” and the Feds have all the firepower so they do as they please, Constitution or no Constitution.

    • You obviously don’t believe in the representative republic of the United States.

      Why don’t you move somewhere where the government is more to your liking?

      North Korea comes to mind. I’ve also heard that Iran is nice this time of year. And Russia could use some more manpower of your, ahem, “caliber.”

    • GFY lil’dtard.
      My youngest son would have been injured or possibly died before his 21st birthday if he wasn’t armed with his AR-10 when two armed home intruders broke into his place.
      The scumbags were connected to several other home invasions, two where residents were stabbed.

      But, it’s lil’d. Once a POS, ALWAYS a POS!

    • “Handguns: Under federal law, FFLs may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 21.”

      The US Constitution does not permit congress to restrict the right to bear arms. Thusly Congress can not delegate authority it does not Constitutionally possess.

      The entire FFL system is unconstitutional and should be abolished.

    • dacian, you’re going to have to find a new home. I’m renting the basement to some other creepy little incel, who actually has a job. I’ll be charging him enough rent to pay the electricity. I’ve got his deposit in my purse right now – first and last month’s rent plus a cleaning deposit. You’re out, you lazy little cretin. You’ve got until Friday.

    • @dacian

      You made some points, here, I’ll re-quote them in recognition of your efforts …

      ” “

    • dacian, the DUNDERHEAD, we don’t need any such law or regulation. This is all part of your vain attempt to take guns away from law abiding citizens. I guess we should have all our soldiers under the age of 25 to go into the battlefield without a firearm? That sounds just about like you.
      The Founding Fathers provided a way for folks like you to “update” that Constitution. It’s called the Amendment Clause. It seems the Constitution have been “updated” some 27 times. But then again, you won’t get your instant gratification as it take a while to get a Constitutional amendment through the process.
      As usual, the rest of your diatribe is gibberish.

    • OK, dacian the demented dips***, I’ll call your bet, and raise you. I’ll give you your idiot “have to be 25 to own a pistol” bulls***, IF we raise the ‘age of majority’ to 25 for EVERYTHING – booze, driving, voting, etc. Put up or shut up, fuck-up. I love that, in addition to being a stupid ignoranus, you are happy to let your Leftist/fascist freak flag fly – I like it when uneducated idiots self-identify.

      You remain too stupid to insult.

  9. All proposed laws whether they be conceived by State or Federal legislatures should go through a constitutional vetting process before the final vote on being law!

    • Most do in subcommittee hearings/meetings, but as can be seen clearly among SCOTUS itself, there is much differing of opinion as to what “unConstitutional” actually means.

  10. NRA, GOA, SPC, NSSF, NAGR, RMGO, FPC, GSL, SAF.

    Why are none of these organizations attacking NFA and GCA, directly? Why the nibbling around the edges, and spending a bunch of a bunch of money protecting the gun industry, rather than destroying the two main elements of gun control?

    Eliminating NFA and GCA solves 99% of the issues for the gun industry, and probably 100% legal issues for legal gun owners.

    • NRA supported the vast majority of the “GUN CONTROL” implemented in the past!!!

      Even wrote some of the “LAWS”!!!

      Don’t you realize the NRA rides the coattails on the law suites than tries to take credit, when they are struck down, even though they are the last to sign on to the law suites!!!!

      • “NRA supported the vast majority of the “GUN CONTROL” implemented in the past!!! Even wrote some of the “LAWS”!!! Don’t you realize the NRA rides the coattails on the law suites than tries to take credit, when they are struck down, even though they are the last to sign on to the law suites!!!!”

        Not clear on how your response relates to the comment. My questions are about anti-gun control organizations nibbling around the edges, rather than going directly for the throat. And that includes NRA.

        The purpose of my comment/question was to get people to enlarge their understanding of what all these separate law suits do/don’t do. The NRA is just one of a host.

    • Sam,
      Maybe they understand it isn’t in their financial interest as an organization to do away with that legislation. Fundraising wouldn’t be as easy after that.

      • “Maybe they understand it isn’t in their financial interest as an organization to do away with that legislation. Fundraising wouldn’t be as easy after that.”

        Not an unreasonable observation. Having worked with a national charity organization, I noted that every social service organization guarded their territory jealously. Each was convinced they could do better than any other organization in their sphere, if only donations increased; the overlap and lack of cooperation was amazing. A more recent example can be found in Haiti.

        But are greed and envy the only reason?

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