For years, Tennessee law made it a crime to carry a firearm or club “with the intent to go armed.” Even after permitless carry was passed in 2021, this outdated statute remained in effect, allowing police to stop, question, and arrest citizens simply for carrying a firearm. Gun owners then had to fight charges in court by raising an affirmative defense. This flipped the Constitution on its head, presuming citizens guilty for exercising their rights.

The judges ruled that the law directly criminalized conduct protected by the Second Amendment. Under Bruen, the burden was on the state to show historical precedent for such a ban. Governor Bill Lee and Attorney General Jonathan Skrmetti failed to do so. As a result, the court struck down the statute as unconstitutional under both the U.S. Constitution and Tennessee’s Constitution.

The lawsuit also challenged Tennessee’s ban on the lawful carry of firearms in parks. The state argued parks were “sensitive places,” but the judges rejected this, pointing out that parks do not have secure checkpoints like courthouses or airports. The court struck down the park ban as unconstitutional as well.

The judges made it clear: “No government official, or the public for that matter, has a legitimate interest in the enforcement of unconstitutional laws.” ALL Tennesseans benefit from the ruling, restoring the right to carry without fear of arrest under these statutes.

Gov. Lee and AG Skrmetti could appeal to the Tennessee Supreme Court; doing so would waste taxpayer dollars to defend laws that have been found unconstitutional. With Republicans in control of the legislature, these laws should have been repealed years ago.