So the state of Tennessee passed a law which flips a huge middle finger to the ATF and the NFA and removes state regulation of SBRs and short-barreled shotguns, so let’s talk about this.
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So like I said in the intro, in this video we’re going to be talking about how a pro-Second Amendment law was passed in the state of Tennessee and went into effect in July.
This law makes SBRs and short-barreled shotguns legal to possess, manufacture, sell, and transport in the state at a state level and removes the state law enforcement ability to prosecute anyone for having these SBRs.
This law aims to do something similar to what the state of Texas did with their whole suppressor freedom law.
If you’re not familiar, Texas and other states have passed laws like this one in the past which allow residents of their own state to own and possess suppressors without going through all the federal restrictions.
It essentially removes the state’s prosecution ability and the criminal aspect of possessing those without actually adhering to federal guidelines.
This Tennessee law does something similar, but instead it targets SBRs and also short-barreled shotguns.
The bill itself that passed is really short.
Essentially it states that Tennessee Code Annotated Section 39-17-1302 is amended by deleting subdivision A4 in its entirety.
Then it simply states that the act will take effect on July 1st of 2022.
So when you look at the Tennessee code, you have to look at what aspect of that code was deleted by this bill.
Well under Tennessee Code Section 39-17-1302 A4 it stated, before this bill was put into effect, that a person commits an offense if they intentionally or knowingly possess, manufacture, transport, repair, or sell a short-barreled rifle or shotgun.
So that section of the code referenced that it’s a criminal offense under state law to possess, sell, or transfer SBRs or SBSs within Tennessee.
However, the Tennessee code then in that same section goes on to talk about defenses to that criminal prosecution.
Someone can have an affirmative defense if they are actually adhering to federal guidelines.
That is, if they applied to have an SBR under the NFA.
There is an exemption portion of the code that says a person who acquires and possesses an SBR or SBS in full compliance with the requirements of the NFA is legal.
The person then has the affirmative defense to say they can actually have this item without being prosecuted at a state level.
This law, however, and the passing of SB 2628 completely deleted section A4 from the Tennessee law.
That means the entire state crime of possessing, manufacturing, transporting, repairing, or selling an SBR or short-barreled shotgun was therefore removed from the Tennessee code.
However, as most of you are aware, the NFA makes possession of an SBR or an SBS illegal unless you actually register them with the federal government and also pay that $200 tax stamp.
This Tennessee bill, however, seeks to circumvent that entire requirement for its specific residents.
It almost says that the state of Tennessee will not go after people at a state level if they possess these types of items.
The goal of this bill seems to do something similar, like I mentioned, that other states have done such as Texas with their suppressor freedom law.
Many of these states are essentially saying and taking the position that at a state level they will take no action against their residents despite there being a federal law that bars this type of conduct.
But that’s kind of where the issue really is.
The state may not take action against their residents under this bill and under this law.
But the federal government, the DOJ, and the ATF will still come after you and also apply the NFA restrictions against you if you’re found in possession of these items.
It’s important to note with all these types of state laws that are getting passed that the ATF is taking the position that despite these state actions, they will still prosecute state residents under federal law.
You are still subject to those federal laws.
As we saw in Texas after they passed the suppressor freedom law, the ATF sent out a letter to all gun stores and residents.
They essentially warned them that the ATF will still go after people who tried to get these made-in-Texas suppressors.
There will no doubt be some sort of similar action by the ATF if they find out that SBRs and SBSs are being purchased, sold, possessed, transferred, or whatever outside of the NFA restrictions within Tennessee.
Because there is still that overarching federal law.
The state is saying that they are removing their aspect of it.
That they will not go after people for this.
But there is still that risk of federal law.
Now this law went into effect on July 1st of this year.
But I haven’t heard any news right now of the ATF sending out letters like they did in Texas or even litigating any cases against the state of Tennessee and this Tennessee state law.
I haven’t seen anything pop up right now.
But that doesn’t mean that the ATF will take no action.
Right now the ATF is litigating a million other cases.
They are being sued on all fronts.
They’re litigating the whole frame and receiver stuff on a million different levels.
They are going to have to litigate the whole pistol brace thing really soon, probably after December.
They are litigating the whole force reset trigger stuff.
The made-on-your-own suppressor stuff.
So they are doing a ton of stuff right now.
They are litigating a ton of cases.
And maybe this is just something that’s on the back burner for them.
With all this, I want to voice my caution for those gun owners in Tennessee.
Similar to what I have done for those people with the whole Texas suppressor freedom law.
Just because this becomes state law does not mean I would recommend you start making SBRs or SBSs outside of the NFA restrictions.
Understand, like I said before, we know that the ATF has taken the position and will continue to take the position that these firearms will be in violation of the NFA.
And they will prosecute you under federal law.
So if it were me, I would not jump into this whole thing thinking that now it’s okay to do whatever you want with SBRs and SBSs within the state of Tennessee.
I would treat this Tennessee SBR law as simply something symbolic.
A law that is passed essentially saying that if there is some sort of litigation against the ATF or against the NFA, and the NFA is removed or some of the ATF’s powers are restricted, maybe then the state law will gain a little bit more teeth.
But right now, I would not just simply do whatever you want.
Regardless, I still think this is an interesting attempt by a state to essentially flip the bird to the ATF and the NFA.
To say that they all know that this federal law, what the ATF is doing, and what the NFA is doing is unconstitutional.
And that states are going to step up and try to get around this stuff.
So I just wanted to talk about this again because a ton of people have been asking me about what’s going on with the Tennessee SBR law that went into effect in July.
Like I said, I think it’s something symbolic.
I think it’s a step in the right direction.
But there’s still that heavy, heavy risk of federal law being in place.
The NFA is still in place.
And the ATF will take action against people in any state who do not adhere to the NFA.
The restrictions on the NFA.
The registration and taxation aspects.
They will still go after you, like they indicated in Texas.
They’re going to go after people in Texas for the whole suppressor freedom law if they try to do something in compliance with the Texas freedom law.
And they will also likely go after anybody in Tennessee who tries to circumvent the whole SBR aspect of the NFA.
So that’s currently where the Tennessee SBR law stands.
If you have any questions, go and comment down below and I’ll try to answer to the best of my ability.
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