Breaking News! A major new bill that would stop gun control in Tennessee and impose a class B felony on anyone who attempts to implement gun control in Tennessee, introduced today by Sen. Mae Beavers and Rep. Sheila Butt.

UPDATED 1-29-13 :

The bill, which is fully endorsed by the Tennessee Firearms Association, was specifically written to cover all of the points in the model legislation released by the Tennessee Tenth Amendment Center and more.  It will block all of the following federal attempts at firearms regulation with Class B felony criminal penalties.

Should any Tennesseans be prosecuted by the federal government for alleged firearms-related crimes, SB 0250/HB 0248 provides for this scenario as well.  The attorney general is authorized to provide defense for the accused and work to invalidate or nullify such federal actions.

Because Tennessee’s sitting attorney general has been adamant in his refusal to challenge the federal government on any grounds in recent years, there is another option built into the bill.  Should the attorney general refuse to do so, a Tennessean may petition a circuit or chancery court to have a special counsel appointed.  Further, all district attorneys in the state have concurrent authority to investigate and take action.

This bill is critical to protect Tennesseans and their natural right to keep and bear arms.  The right to life and the right to defend that life is one of the most basic human rights that exists.  When government attempts to thwart basic natural rights, it is stepping into the realm of evil.

James Madison had a thing or two to say about the Constitution and what the states should do in the face of a federal government attempting to exercise evil, unconstitutional powers.  In the Virginia Resolution of 1798 he wrote:

“…that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them.” {emphasis added}

Sen. Beavers and Rep. Butt are attempting to interpose between an out-of-control federal government and the people of Tennessee in the tradition of Madison.  Some Tennessee legislators may not have the courage to step up and pass this critical bill to protect the liberties and rights of the people of Tennessee unless their constituents push hard for its passage.  This means that all Tennesseans must put forth the most valiant effort to date in support of this bill.

The Tennessee Tenth Amendment Center and the Tennessee Firearms Association will be providing continuing updates on what you can do to support this and other bills to protect the right to keep and bear arms in Tennessee.

Tennessee Tenth Amendment Center

SENATE BILL 250
By Beavers
AN ACT to amend Tennessee Code Annotated, Title 4, Chapter 54, relative to the Tennessee Firearms Freedom Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION

1. Tennessee Code Annotated, Section 4-54-103, is amended by adding the
following language as a new, appropriately designated subdivision:
( ) “Federal action” means any action by congress, the federal executive branch,
or the federal judicial branch that would have the force or effect of law over the citizens
of this state including, but not limited to, acts of congress, federal rules or regulations,
executive orders, and judicial opinions;
SECTION 2. Tennessee Code Annotated, Section 4-54-104, is amended by deleting the
first two sentences in their entirety and by substituting instead the following language:
A personal firearm, a firearm accessory or ammunition that is manufactured
commercially or privately in this state and that remains within the borders of this state or
is otherwise not transferred in interstate commerce into or out of this state is not subject
to any federal action prohibited by this chapter. It is declared by the legislature that those
items have not traveled in interstate commerce and are otherwise not within powers of
the federal government.
SECTION 3. Tennessee Code Annotated, Section 4-54-105, is amended by deleting
subdivision (4) in its entirety.
SECTION 4. Tennessee Code Annotated, Section 4-54-106, is amended by deleting the
section in its entirety and by substituting instead the following language:

4-54-106. A firearm manufactured or sold in this state under this chapter must
have the words “Made in Tennessee” clearly stamped, engraved or otherwise
permanently added to the receiver or frame.
SECTION 5. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following language as a new section:
4-54-107.
(a) The general assembly declares that any federal action prohibited by
this chapter relating to firearms, firearms accessories or ammunition, whether
made in Tennessee or not, is not authorized by the United States constitution
and violates the restrictions contained therein and is hereby declared to be
invalid in this state; that said federal action shall not be recognized by this state;
and that said federal action is rejected by this state and shall be null and void and
of no effect in this state.
(b) Any federal action shall be deemed an intentional violation of state
sovereignty and shall be unenforceable within the borders of Tennessee if the
federal action does or attempts to:
(1) Infringe on, ban, regulate, or restrict state government, local
government or civilian ownership, transfer, possession or manufacture of
a firearm, a firearm accessory or ammunition in this state;
(2) Require any state government, local government or civilian
owned firearm, firearm accessory, or ammunition in this state to be
registered or tracked in any manner; or
(3) Impose federal taxes, fees or any other charges on any state
government, local government or civilian owned firearm, firearm
accessory, or ammunition that are payable to any government entity.
(c) No public official, employee, or agent of this state or any of its political
subdivisions shall:

(1) Act to impose, collect, enforce, or effectuate any penalty in
this state that violates the public policy set forth in this section; or
(2) Cooperate with or assist with the enforcement of federal
action prohibited by this chapter.
SECTION 6. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following language as a new section:
4-54-108.
(a) It is an offense for any person to knowingly enforce or attempt to
enforce any federal action prohibited by this chapter relating to a state
government, local government or civilian owned firearm, firearm accessory or
ammunition.
(b) Any person who violates this section commits a Class B felony.
SECTION 7. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following language as a new section:
4-54-109.
(a) The attorney general and reporter may enforce this chapter by
seeking judicial determinations to invalidate or nullify federal action prohibited by
this chapter or which may otherwise violate the United States constitution,
including, but not limited to, the second amendment, the ninth amendment and
the tenth amendment, relative to firearms, firearms accessories or ammunition in
this state.
(b) In the event that the attorney general and reporter fails or refuses to
provide such defense of this chapter, a Tennessee citizen shall have the right to
petition a circuit or chancery court in this state to select and appoint special
counsel, with the appointment based on a showing of good cause and necessity.

The petition shall name the attorney general and reporter as an interested party
and shall be personally served on the attorney general and reporter. In the event
that the petition is granted, the costs of such petition, including court costs and
reasonable attorney’s fees, shall be awarded to the petitioner and against the
state.
(c) The attorney general and reporter is authorized to prosecute violations
of this chapter and to defend the state against violations of this chapter; provided,
however, that each district attorney general in this state shall have concurrent
authority to investigate and prosecute such violations relative to federal
prosecutions or enforcement actions arising within their respective jurisdictions.
SECTION 8. Tennessee Code Annotated, Title 4, Chapter 54, is amended by adding
the following language as a new section:
4-54-110. If any provision of this chapter or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions or applications
of this chapter which can be given effect without the invalid provision or application, and
to that end the provisions of this chapter are severable.
SECTION 9. This act shall take effect upon becoming a law, the public welfare requiring
it.

See the bill at Capitol.tn.gov