Federal Attack On 2nd Amendment Underscores Need For Strong 10th Amendment Legislation In TN

Photo: Women Defending the Second Amendment rally at State Capital in Sacramento.

Photo Credit: Steve Rhodes / CC

By John Harris [Tennessee Firearms Association] – 

History has proven that true constitutional rights are always in jeopardy when progressives, socialists, and even moderates are in control at the local, state or federal levels. The fact is that your constitutional rights are in jeopardy at any time that true conservative constitutional stewards do not have full control of government. This is true in Nashville, Memphis and other Tennessee “blue” cities. This is true in state government. It is certainly true in the least accountable government of all – the federal government. 

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With the federal government under the control of Joe Biden, Kamala Harris, and their co-conspirators in Congress it is certain that our rights are in jeopardy. The existence of these risks is why it was critical for Tennessee to enact strong legislation in 2021 under the 2nd and 10th Amendments to push back on the Biden administration in an effort to protect our political and individual rights to have arms within the full intent of the Founding Father’s design. That did not happen in 2021 or in years prior but it can and must happen in 2022. 

Joe Biden has repeatedly shown a disdain for the rights that are protected by the 2nd Amendment. He has shown his willingness, as frankly Donald Trump did with his calls for the ban on bump stocks, to disregard the 2nd Amendment’s declaratory statement and to bring the full power of the federal government down in an attack on the rights of the people to have those arms at hand that would be necessary should the people decide to once again form a new nation one that is realigned with the principles set forth in the Declaration of Independence. 

The attack on your rights under the 2nd Amendment is clear. 

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On July 14, 2021, the Biden administration’s Department of Justice issued a “memorandum” to all BATF branches directing them on the “implementation of the administration’s comprehensive strategy”. Now, this is just what was put in writing – can you imagine what is being communicated without a paper trail? What is the thrust of the memorandum and policy? 

Simple and largely the same as some have articulated since the mid 1980s – that is to infringe civilian access to firearms by eliminating as many federal firearms licensees as possible for “technical” violations of the federal firearms laws. The memorandum directs that even a single incidence of numerous technical violations should result a revocation of the FFL’s license. While it is true that the federal courts have for too long allowed the 2nd Amendment to be disregarded in the name of “public safety”, very little if any of what the federal government is doing can be sustainable under the 2nd Amendment’s “shall not be infringed” mandate. 

The ATF’s July 14, 2021, memorandum references changes that it was also making to the ATF’s internal and secretive “adverse action memo” which is essentially a set of instructions to guide ATF offices nationally on how to revoke federal firearms licenses, how to conduct inspections that maximize the identification of technical violations and apparently how to push toward revocations rather than corrective training and assistance of the FFLs in meeting reasonable compliance levels with a massively confusing set of federal requirements and technicalities. 

TFA has obtained a copy of expired adverse action memos and has obtained what it believes is the current adverse action memo which is to be amended as referenced in the July 14, 2021, memorandum. TFA has also obtained what it believes is an unredacted copy of that memo as well which, if accurate, sheds a lot of light on the details that the ATF would prefer to keep away from public consideration ( ATF O 5370.1D unredacted). 

The existence of the July 14, 2021, memorandum and the substances of even an expired or superseded adverse action memos demonstrates clearly why Tennessee and every other state must take aggressive action directed against the federal government to curtail and eliminate policies designed to infringe the chain of commerce on lawful distribution of firearms and ammunition. It is critical that states deny financial assistance to local government entities, particularly those in the “blue” cities, that would aid and abet the federal government’s infringement actions. It is imperative that states enact laws that prohibit, limit and impair the capacity of the federal government to enforce laws, regulations, memoranda and policies that are designed to circumvent the 2nd Amendment’s mandate. 
You can help by sharing information about the planned federal assault on your rights with others and encouraging them to get involved. You can help by contacting your state and federal legislators to demand that they take action to protect your rights by enforcing the 2nd Amendment’s mandate. If you sit on the sidelines and let the federal government and the other “blue” governments continue on their paths your rights will be gone as quickly as are the monuments and memories of our Founding Fathers. 

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About the Author:

John Harris is the Executive Director of The Tennessee Firearms Association. You can contact TFA here. You can join TFA here.

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