Gun Rights Groups Challenge Tennessee Carry Restriction

The state of Tennessee is pretty good on guns, overall. What’s more, when a shooting at a school in Nashville rattled the state, lawmakers held firm in a special legislative session called specifically to pass gun control. That took some cajones and I respect the heck out of it.

But I don’t know that anywhere is really perfect on guns.

Tennessee is no different. They have some restrictions in place that I’m sure anti-gunners love, but that really need to go. Lawmakers haven’t acted, so some gun rights groups are stepping up to try and make it happen through other means.

From the Gun Owners of America, via a press release:

Gun Owners of America (GOA), together with Gun Owners Foundation (GOF) and individual plaintiffs, have filed a reply brief in their ongoing challenge to Tennessee’s unconstitutional restrictions on carrying firearms in public. The case, filed in the Chancery Court for the State of Tennessee, 28th Judicial District, Gibson County, seeks to have Tenn. Code Ann. §§ 39-17-1307(a) and 39-17-1311(a) declared unconstitutional for criminalizing the public carry of firearms. 

Tennessee’s laws impose broad restrictions on carrying firearms in public spaces, such as parks, effectively criminalizing the right to self-defense. In our reply brief, we argue that these laws violate both the Second Amendment and Article I, Section 26 of the Tennessee Constitution, which protects the right to bear arms. We assert that these statutes improperly treat the right to bear arms as an affirmative defense, rather than fully protecting the constitutional right to self-defense in public. 

We also contend that Tennessee’s laws lack historical precedent and fail to meet the standards set by recent Supreme Court rulings, such as Bruen, which require a historical analysis to determine the constitutionality of modern firearm regulations. Specifically, we challenge Tennessee’s argument that public places, like parks and polling stations, can be designated as “sensitive places” where gun rights can be restricted. We reject these claims, noting that such restrictions are inconsistent with the Nation’s historical tradition surrounding the right to bear arms. 

The Court will likely schedule a hearing in the near future. GOA, GOF, and our allies are seeking a court order to invalidate these laws and restore the full right to carry firearms in public spaces, including parks, for self-defense purposes without the need for exceptions or affirmative defenses. 

Erich Pratt, Senior Vice President of GOA, issued the following statement: 

“Tennessee’s laws undermine the Constitutional right to bear arms by criminalizing the act of carrying firearms in public places, like parks, where citizens should be able to defend themselves. We are confident that the court will rule in favor of Tennesseans’ rights and strike down these unconstitutional restrictions.” 

Sam Paredes, representing Gun Owners Foundation, added: 

“This case is pivotal in ensuring that Tennessee’s gun laws align with the Second Amendment. We are fighting to restore the right to carry firearms in public for self-defense, and we believe the court will recognize the need to protect this fundamental right.”

While Bruen does permit states and municipalities to designate certain places as “sensitive” for the purposes of prohibiting the lawful carry of firearms there, the historical tradition suggests that should be limited to particular buildings like courthouses.

Parks, polling stations not in other buildings that would be legitimately sensitive, and other public places don’t really fall into that category, at least in their view.

It’s a view I happen to agree with, though.

The truth of the matter is that gun-free zones, regardless of where they are, don’t actually stop at the property exit. It doesn’t matter if it’s a school, a park, a courthouse, or whatever. You’re not just disarmed there. You’re disarmed from your mode of transportation and into the gun-free zone and back as well.

All while the people who represent a problem have no qualms about carrying a gun in these places.

I sincerely hope that GOA, GOF, and their allies are successful in this, and I hope it puts some restrictions on just what kind of places can be deemed “sensitive” in the first place.