A firearm for sale at Gun Allama in Jersey City, New Jersey, which has been operating since 1967.

A panel of judges in Tennessee found the state’s “intent to arm” law, along with restrictions on carrying weapons in state parks, to be unconstitutional.

The panel, sitting at Gibson County Chance Court, sided with the plaintiffs, including Stephen L. Hughes and the Gun Owners Foundation, arguing that the law violated both the Second Amendment and the state constitution. However, they did not issue an order to stop enforcement of the law.

The lawsuit was filed against Governor Bill Lee in February 2023. It claimed that regulations on carrying firearms “with the intent to arm” and rules regarding weapons in parks infringed on the right to carry.

Despite the ruling, Tennessee continues to maintain its gun permit system and allows eligible individuals to carry openly in many places, provided they don’t have felony convictions or outstanding domestic violence orders. A licensing bill was passed by Congress in 2021.

The Gun Owners Association pointed out that a member with an enhanced carry permit was unable to “legally” carry a gun for family protection while at parks. Another plaintiff mentioned her fear of potential legal consequences if she carried weapons in public spaces like playgrounds or civic centers.

The court clarified that carrying a firearm “with the intent to arm” is treated as a criminal act, which means members of the Gun Owners Association could face arrest “anywhere in the state.” The ruling indicated that the law effectively creates gun-free zones for these individuals.

Attorney General Jonathan Skulmetti’s office contended that state restrictions on “intent to arm” are justified as Article 2 of the constitution does not safeguard the right to carry a handgun.

Nonetheless, the panel found this argument lacking, as it failed to address the constitutional issues at the core of the law, particularly the criminalization of the right to bear arms.

Ultimately, the judges deemed the Tennessee law a violation of both the Second Amendment and the Tennessee Constitution, taking a similar stance on the park restrictions.

While the government can prohibit firearms in “sensitive” locations like schools, the panel argued that parks do not qualify as such since attendance isn’t mandatory for children.

Rep. Chris Todd, a Republican from Madison County, expressed his enthusiasm regarding the ruling, which he believes aligns with numerous Supreme Court decisions. He characterized the decision as “null and unenforceable,” but noted that the panel acknowledged it did not have the authority to impose an injunction.

He has requested the Attorney General to appeal the ruling for clarity, which could place Skulmetti’s office in a challenging position of going against its own prior stance.

“This should be settled by the High Court, and I believe it will,” Todd commented.

On the other hand, Senator London Lamar voiced strong disapproval of the ruling, indicating that it would worsen the public safety situation in Tennessee.

Gun-related thefts from vehicles have surged in cities like Memphis and Nashville since the implementation of these carrying laws.

“The ruling heightens risks in Tennessee by hindering law enforcement’s ability to address armed individuals,” Lamar stated. “If officers can’t investigate the intentions of people, they’ll just have to wait until a crime happens.”

The ruling was issued by a panel consisting of Judges Michael Mansfield from Trenton, Wyatt Burke from Shelbyville, and Lisa Rice from Elizabethton.