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Tennessee Fights Its Own Gun Law
NEWS
3 min read

Tennessee Fights Its Own Gun Law

Tennessee's Republican attorney general is appealing a pro-gun ruling that struck down two 19th-century statutes criminalizing carry. The case exposes a nationwide problem: legacy gun laws that quietly undermine newer permitless carry reforms.

Steve DuskettJune 26, 2026
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Article Info

Tennessee Fights Its Own Gun Law

Court DecisionDeveloping
Tennessee Fights Its Own Gun Law
Scope
JurisdictionTennessee
Impactstate
Key Entities
Plaintiff; challenged two Tennessee carry statutesGun Owners of America (GOA)
Tennessee AG; appealed the pro-GOA rulingJonathan Skrmetti
Tennessee Governor; named defendant; signed permitless carry in 2021Bill Lee
Monitoring the case; filed related commentary on its legal postureTennessee Firearms Association
GOA Director of State and Local Affairs; lead spokespersonChris Stone
Legal Issues
  • Tennessee Code § 39-17-1307(a) — 'intent to go armed' statute criminalizing carry intended for confrontation
  • Tennessee Code § 39-17-1311(a) — prohibits carry in public parks, playgrounds, civic centers, and greenways
  • Second Amendment challenge under post-Bruen historical tradition standard
  • Procedural dispute: whether a civil suit in Gibson County was the proper venue for a constitutional challenge
What It Means
  • Tennessee permitless carry holders can still be charged under legacy statutes if a self-defense incident occurs on a public greenway or park
  • A win for GOA could remove 19th-century carry prohibitions that conflict with modern permitless carry law
  • Precedent could pressure other states to audit legacy statutes that undermine their own carry reforms
  • A procedural dismissal would leave the trap laws intact and unresolved
Timeline
2021Gov. Bill Lee signs permitless carry into Tennessee law
August 2025Gibson County court rules for GOA on summary judgment
2025AG Skrmetti appeals; case argued before Tennessee Court of Appeals

Tennessee Fights Its Own Gun Law

A Republican AG is appealing a pro-carry ruling — and gun owners should be paying attention

From The Boise Gun Club Handbook

Tennessee's Republican attorney general is in court defending 19th-century gun laws against the very people his party claims to represent.

State of play: Gun Owners of America won a summary judgment in August 2025 against two Tennessee statutes — one that criminalized carrying with "intent to go armed" and one banning carry in public parks and greenways. AG Jonathan Skrmetti appealed the ruling. The case, Hughes v. Lee, is now before the Tennessee Court of Appeals.

Catch up quick:

  • Tennessee passed permitless carry in 2021, signed by Gov. Bill Lee
  • The old "intent to go armed" statute — dating to the 1800s — was never repealed
  • A separate provision bans carry at parks, greenways, and civic centers
  • Together, they create a trap: carry legally without a permit, step onto a greenway you didn't know was a greenway, use your firearm in self-defense, and face criminal charges

The legal problem isn't abstract. Under the old statutes, a person exercising Tennessee's own permitless carry law could still be prosecuted if a self-defense incident happened on public land. The permitless carry right the legislature created effectively had a minefield of legacy code waiting underneath it.

"You could be carrying, quote unquote, 'constitutionally without a permit,' but you walk onto a public greenway that you didn't know was a greenway, you get in a justifiable situation where you have to defend yourself, you can get charged under Tennessee's intent to go armed law." — GOA Director of State and Local Affairs Chris Stone

Between the lines: Skrmetti's argument isn't that the laws are constitutional — his office reportedly acknowledged constitutional problems exist. His position is that the legislature, not the courts, should fix it. GOA's counter: the legislature had its shot and didn't.

The big picture: This isn't an isolated quirk of Tennessee law. Dozens of states have legacy statutes layered under newer carry reforms, creating exactly this kind of legal exposure for law-abiding gun owners. A favorable ruling here could pressure other states to clean house. A loss — or a procedural dismissal — leaves those traps in place.

What to watch: The three-judge appeals panel now has the case. If they reverse the Gibson County ruling on procedural grounds, GOA has indicated it will keep fighting. The Tennessee Firearms Association is also watching closely, having flagged the constitutional structure of how the challenge was brought.

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