(The Center Square) – A ruling by the Gibson County Chancery Court that two Tennessee gun laws are unconstitutional was praised by Republicans and called “a dangerous escalation of bad decisions” by one Democrat.
The laws prohibited carrying firearms in state parks and carrying a gun or club with the “intent to go armed” and use it for violence or aggression.
Gun Owners of America, Gun Owners Foundation and three Tennessee residents sued the state, saying the laws violated their right to bear arms. The suit named Gov. Bill Lee and Attorney General Jonathan Skrmetti, both Republicans, as defendants in their official capacity, along with other state and local officials.
“Since Tenn. Code Ann. § 39-17-1307(a) provides that carrying any firearm ‘with the intent to go armed’ is a criminal offense, GOA and GOF members and supporters in Tennessee can be stopped, charged, detained, and/or arrested for carrying with intent to go armed anywhere in the state,” the plaintiffs said in their suit. “This statute makes the entire state a ‘gun-free’ zone for GOA and GOF members and supporters who are, as a result of this statute, at risk of being stopped, detained, charged, or arrested by law enforcement, and for which they are provided merely a statutory defense under Tenn. Code Ann. § 39-17-1308.15.”
The three-judge panel said in their written opinion that the two laws were “unconstitutional, void, and of no effect.”
Sen. London Lamar, D-Memphis, chairwoman of the Senate Democratic Caucus, said the ruling will worsen Tennessee’s public safety crisis.
“This ruling puts Tennesseans at greater risk by tying the hands of law enforcement officers who encounter people who are armed and potentially dangerous,” Lamar said. “If police can no longer investigate someone for the intent to go armed, officers are left waiting until a crime has already been committed – a failed public safety policy that puts lives on the line. This is a dangerous escalation of bad decisions by Republican lawmakers who, over 15 years of complete control, have dismantled gun safety laws, repealed permits and flooded our communities with firearms.”
Sen. Chris Todd, R-Madison County, said in a social media post he wants Attorney General Jonathan Skrmetti to appeal the decision but not because Todd opposes it. He called the opinion “one of the most thorough, well-reasoned, and well-written decisions we’ve seen.”
“The judges did an outstanding job laying out the constitutional issues with clarity and precision,” Todd said. “That is exactly why I believe an appellate court will affirm this decision, and by doing so, make it even stronger as binding precedent. Such an outcome would provide greater protection for Tennesseans and serve as a reference for similar cases across the country.”
The Center Square was unsuccessful prior to publication of obtaining comment from Skrmetti.
