This Week in Gun Rights is TTAG’s weekly roundup of legal, legislative and other news affecting guns, the gun business and gun owners’ rights.
Tennessee’s Broken Sanctuary Law
In 2015, Tennessee enacted a kind of Second Amendment Sanctuary law. Most of these laws are toothless, but Tennessee’s was without gums. The law only barred enforcement and assistance in federal gun control laws if the assistance “would result in the violation of Tennessee statutory or common law of the Constitution of Tennessee.”
Of course, nobody knew what this meant. That spawned two attempts to fix the gimped sanctuary law, both of which were wholly ineffective, as a new report from the Tenth Amendment Center shows.
It’s clear that there is a place for Second Amendment sanctuaries in our system. Sanctuary treatment made huge inroads to the normalization of other items in the history of our nation, and there is no reason it can’t help with guns. The thing that needs to be overcome is the seemingly limitless desire of politicians to write impotent laws.
A good sanctuary law would set up civil awards for anyone who is victimized by a state actor who ignores the provision, and yank funding from that division for a period of time.
The definitional problem Tennessee struggles with is unnecessary. A simple line can be drawn: no state money (including employees) should be used to enforce any federal law respecting the peaceable possession of an object. We have yet to see any sanctuary laws do both, and rarely do either.
NSSF’s to challenge New York’s New Public Nuisance Law
We’re all well aware that New York’s Governor Andrew Cuomo hates guns almost as much as he loves himself. Last month he signed a host of anti-gun measures. None of them were what you’d call mild, but the one which seemed to boil to the top was S. 7196, which “allows public to hold gun manufacturers liable for their products creating a public nuisance.”
The law is clearly an attempt to take another bite at the apple the feds eliminated with passage of the Protection of Lawful Commerce in Arms Act, which hamstrung frivolous products liability lawsuits targeting gun manufacturers for the criminal misuse of firearms.
The New York law attempts to skirt the PLCAA by creating a brand new cause of action under a public nuisance theory, which of course still sounds in tort, and is thus analogous to the types of suits prohibited by the PLCAA.
Luckily enough, the NSSF is mounting a challenge to the law, since it spits in the face of the PLCAA and kind of ignores the basic principles of our civil law system.
Louisiana Struggling to Become 22nd Constitutional Carry State
Recently, a constitutional carry bill passed by supermajority in Louisiana, only to be vetoed by Gov. Jon Bel Edwards. It’s fairly rare for a governor to veto a law that has passed both houses by supermajorities. All the legislature generally needs to do is override it. The question brewing was whether Louisiana would hold a special session to do that. Last week we saw the answer was they would.
The override session starts today. Generally speaking, we know the votes are there to override Edwards’ veto. The only question is whether the political smack of a veto override will scare off what were a few fence sitters. Here’s hoping for Louisiana being number 22!
‘Pro-Gun’ Group Promises Kinder, Gentler Disarmament
David Codrea endured an all-day seminar put on by “97 percent”, which is a “bipartisan group of gun owners and non-gun owners representing the vast majority of Americans who believe in gun safety and responsible gun ownership.”
The organization is an instrument of Adam Miller, a “tech founder, social entrepreneur and philanthropist” who launched the allegedly pro-gun group in an attempt to appeal to the mythical nougat center of American politics: the middling middle-grounder that doesn’t actually exist.
According to Codrea, the seminar was focused mainly on such measures as universal background checks, smart gun technology, and safe storage laws.
Here’s hoping you didn’t sink as much time into it as Codrea did and that very few buy into this allegedly bipartisan, pro-gun control faff.
The Big Problem is ‘Community Guns’ (Allegedly)
Cincinnati cops, after finding a gun ditched under an air conditioner or something, have decided that there exists some kind of community gun-share program among criminals in the city.
The idea is that a group of people who can’t legally own guns somehow acquire one — usually by stealing it — and leave it in a known location so that they can… do what they need to do with it. Or something.
Of course, if you believe this report, the unattended “community” gun is at no point simply stolen by one of these prohibited people. Rather it’s maintained in this absurd gunshare program.
While the idea of community guns sounds incredibly cool, like much of what the media produces, I expect it’s incredibly contrived.