(The Center Square) – Tennessee Attorney General Jonathan Skrmetti is appealing a ruling by a Gibson County Chancery Court that said two Tennessee gun laws were unconstitutional.
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.
Skrmetti said his office was asking the chancery court for a stay pending appeal because the court’s ruling was broad and went too far.
“It entirely invalidates two gun laws, even though those laws are constitutional in some situations,” Skrmetti said. “For example, it’s obviously constitutional to prohibit a 10-year-old from bringing a semiautomatic rifle to a rec league basketball game or a drunk with a shotgun from staggering down Broadway or through Market Square or across Shelby Farms. But the Court’s ruling appears to legalize this in Tennessee.”
The ruling by the Chancery Court is causing confusion, Skrmetti said in the appeal.
“Plaintiffs’ counsel has already advised the public that ‘the entire law enforcement network in Tennessee [is] on notice’ and ‘attempts to enforce these two statutes’ by any official ‘should give rise to claims of federal civil rights violations,’” Skrmetti said. “Law enforcement is rightly loath to choose between tempting ruinous civil rights lawsuits and carrying out their duty to protect the public. And there is no doubt: because of its refusal to adhere to its own judicial limits, this Court’s order would leave large gaps in the General Assembly’s efforts to protect the public.”
Rep. Chris Todd, R-Madison County, said he wanted 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.”
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Sen. London Lamar, chairwoman of the Tennessee Senate Democratic Caucus, said she supports the decision to appeal the decision.
“These long-standing gun safety laws are constitutional and they exist for a reason: to give law enforcement the tools they need to protect the public,” Lamar said. “If the lower court’s ruling is allowed to stand, it will tie the hands of police officers — even when they encounter someone with a loaded assault rifle parked outside a children’s park. Officers wouldn’t even be allowed to question that person’s intent until it’s too late. That’s not freedom. That’s a recipe for tragedy.”