Tennessee Firearms Association v. Metropolitan Government of Nashville and Davidson County, Tennessee
M2016-01782-COA-R3-CV
| Tenn. Ct. App. | Jun 15, 2017Background
- Metro Nashville (Metro) owns the Tennessee State Fairgrounds, operated by a Fair Board that rents the facilities for events.
- For ~30 years International Gun-A-Rama (Goodman) ran recurring gun/knife shows at the Fairgrounds; in Dec. 2015 the Board voted to terminate existing promoter contracts and ban future gun shows (honoring existing contracts through 2016).
- Goodman and the Tennessee Firearms Association (TFA) sued for declaratory and injunctive relief alleging: (Count I) the ban was preempted by Tenn. Code Ann. § 39-17-1314(a); (Count II) the Metro Charter § 11.602(d) protected activities at the Fairgrounds (including gun shows) and precluded the ban.
- Trial court dissolved a temporary restraining order and dismissed the complaint on multiple grounds: TFA lacked standing, the Board’s authority was consistent with Tenn. Code Ann. § 39-17-1311, plaintiffs had no private right of action to enforce the Charter, and the Charter amendment did not bar the Board from setting terms and conditions for events.
- On appeal the court treated the dismissal as summary judgment and affirmed, rejecting arguments on standing, preemption, Charter enforcement, and the motion to amend.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of TFA | TFA claims organizational standing to sue for its own injury and on behalf of members affected by the ban | Metro argues TFA has no personal stake or contractual interest in Goodman’s rental contracts | Court: plaintiffs failed to develop argument; appellate court declines to consider standing issue (issue waived) |
| Preemption under § 39-17-1314(a) | Goodman: Board’s refusal to rent is a de facto local limitation on firearm transfers and is preempted by state law | Metro: State law (§ 39-17-1311) expressly contemplates administrator approval of gun shows on government recreational property, so no preemption | Court: Fairgrounds are a "recreational facility" under § 39-17-1311; § 39-17-1311 authorizes administrator approval, so no preemption; dismissal affirmed |
| Metro Charter § 11.602(d) — private right to enforce | Goodman: Charter protected activities existing as of Dec. 31, 2010 (including gun shows); declaratory relief available without requiring an implied private right of action | Metro: No private right of action; enforcement of Charter is for Metro Council/official mechanisms, not private suit | Court: A private right of action must exist to pursue declaratory/injunctive relief enforcing the Charter; plaintiffs did not show such a right; dismissal affirmed |
| Motion to Amend final order (Rule 59.04) | Goodman: Trial court erred by refusing to reconsider/ amend final order to correct legal errors | Metro: Motion merely re-litigated arguments already decided | Court: No abuse; motion reasserted prior arguments, raised no new evidence or clear error, denial harmless |
Key Cases Cited
- Vandergriff v. ParkRidge E. Hosp., 482 S.W.3d 545 (Tenn. Ct. App. 2015) (conversion of 12.02 motion to summary judgment when extrinsic materials considered)
- Sherrill v. Souder, 325 S.W.3d 584 (Tenn. 2010) (standard of review for summary judgment is de novo)
- Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405 (Tenn. 2013) (statutory interpretation; meaning of "recreational" varies with context)
- Hardy v. Tournament Players Club at Southwind, Inc., 513 S.W.3d 427 (Tenn. 2017) (framework for determining existence of implied private right of action)
- Knierim v. Leatherwood, 542 S.W.2d 806 (Tenn. 1976) (standing doctrine and requirement of personal stake to invoke judicial relief)