Judicial panel rules against Tennessee “going armed” law and parks gun prohibition

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Judicial panel rules against Tennessee “going armed” law and parks gun prohibition

A three-judge panel in Gibson County has ruled that two of Tennessee’s gun laws — the ban on carrying firearms “with the intent to go armed” and the prohibition on guns in state parks — are unconstitutional. The decision finds both laws violate the Second Amendment and Article I of the Tennessee Constitution.

The case was brought by gun rights advocates, including individual plaintiffs, Gun Owners of America, and the Gun Owners Foundation, who sued Gov. Bill Lee in early 2023. They argued that the laws criminalize lawful gun ownership and hinder self-defense, especially in public spaces like parks.

While the judges agreed and declared the laws “void” and “unenforceable,” they stopped short of ordering the state to cease enforcement — leaving the legal impact somewhat unclear for now.

Tennessee allows permitless carry under a 2021 law backed by Gov. Lee, but it still maintains a gun permit system and enforces the “intent to go armed” statute. Plaintiffs said this contradiction puts law-abiding gun owners at risk of arrest, even if they are otherwise eligible to carry.

The court agreed, stating that the “intent to go armed” law effectively turns the entire state into a “gun-free zone” for many residents. Judges rejected the state’s argument that some limits on gun rights are justified — such as banning hand grenades — calling the state’s defense unconvincing.

The panel also struck down the ban on firearms in state parks, ruling that parks aren’t considered “sensitive places” like schools, where restrictions may be allowed.

Reactions to the ruling were sharply divided. Republican Rep. Chris Todd praised the decision and urged Attorney General Jonathan Skrmetti to appeal for broader judicial confirmation. He noted the court made it clear the laws are unenforceable, even though it didn’t issue an injunction.

Democratic Sen. London Lamar criticized the ruling, warning it could worsen gun violence in cities like Memphis and Nashville, where firearm thefts have surged since permitless carry was enacted. She argued that removing the “intent to go armed” law undermines law enforcement’s ability to prevent crimes.

The decision was issued by Chancellor Michael Mansfield of Trenton, Judge Wyatt Burk of Shelbyville, and Judge Lisa Rice of Elizabethton.

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