Friday, January 13, 2012
Georgia man seeks gun rights in court in Tennessee
Blackwell filed this action seeking a declaration that he would not be in violation of Tennessee law by purchasing or possessing a firearm in Tennessee.
The State of Tennessee initially got the case dismissed on grounds that Chancery Court could not grant the relief sought--that is to allow Mr. Blackwell to have his gun rights recognized in Tennessee. Blackwell appealed to the Court of Appeals.
The Court of Appeals decided that Blackwell's complaint for declaratory relief does state facts sufficient to demonstrate the existence of an actual controversy concerning the matter at issue; therefore, the chancery court erred by granting the State’s motion to dismiss. Judge Clement indicates in his opinion that Chancery Court should have granted Blackwell a declaratory judgment in his favor as the facts and law require. In short, the Court has given strong guidance to Chancery Court to allow Blackwell's gun rights in Tennessee to be recognized.