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NASHVILLE, Tenn. (WKRN) — Tennessee plans to challenge a Gibson County Chancery Court verdict that deemed two gun laws unconstitutional, according to the state attorney general’s office.
A panel of judges in West Tennessee concluded last month that two state firearm laws were unconstitutional: a prohibition on guns in public parks and a law against carrying a firearm with “intent to go armed.”
Tennessee Attorney General Jonathan Skrmetti announced the state would appeal the decision, highlighting a lack of clarity regarding the ramifications of the lower court’s ruling.
“We’re appealing the Hughes decision due to the broad scope of the Court’s ruling,” the AG stated to News 2. “The ruling completely nullifies two gun laws, despite their constitutionality in certain circumstances. For instance, it’s clearly constitutional to prevent a child from bringing a semiautomatic rifle to a youth basketball game or a drunk person from wandering down Broadway with a shotgun. Yet, the Court’s decision seems to permit this in Tennessee. We anticipate the appellate courts will clarify this matter for the public and law enforcement.”
The AG’s office submitted a motion for a stay on the ruling, keeping the laws enforceable during the appeal process.
Within the motion, the state argued that “important and legally sound elements of Tennessee law will vanish” if the lower court’s decision is maintained while the appeal is ongoing.
“The Court should stay its order and give Tennessee’s appellate courts a chance to review its deletion of statutory language and clarify, in an opinion that will indisputably bind other courts and all state officials, the appropriate outcome of this constitutional challenge,” the state argued.
The Tennessee Firearms Association decried the AG’s decision to appeal, stating the appeal could give cover for some state legislators to “refuse to address the facially unconstitutional statutes by asserting that the matter is being litigated,” and the appeals process could take years.
The TFA said some lawmakers have urged the AG not to appeal the decision.