Judges rule Tennessee’s gun limits in parks and playgrounds are unconstitutional

NASHVILLE, Tenn. (AP) — A panel of Tennessee judges has ruled against two state restrictions on carrying guns, including in public recreational areas such as playgrounds and parks.

The case has been another test of the limits of a 2022 U.S. Supreme Court ruling that has allowed gun rights advocates to take aim at more Second Amendment restrictions nationwide.

The Tennessee laws that were deemed unconstitutional include one that generally outlaws carrying a gun in a park or similar area, except for someone with a permit to carry a handgun; and a second for the somewhat ambiguous offense of the “intent to go armed,” which includes broad exceptions and legal defenses. Both are misdemeanors.

But the impact of the ruling late last week has not been completely clear, as officials decipher how broadly the laws apply and whether the judicial panel can stop enforcement.

The Tennessee Firearms Association, which advocated for the changes, said it appears that striking down the “intent to go armed” law will let people carry rifles or shotguns publicly. The ruling doesn’t get that specific.

Republican Gov. Bill Lee said the state is assessing the ruling’s impacts and next steps, including whether to appeal.

“Our team is looking at what the implications are,” Lee told reporters Tuesday. “It’s not very clear yet to us.”

The ruling could also spur legislative bills during the next session in January.

Ruling favors gun rights advocates

In February 2023, the Gun Owners of America, Gun Owners Foundation and individuals filed the lawsuit, saying the two laws violate the Second Amendment and state constitutional gun rights protections.

The judges declared the laws “unconstitutional, void, and of no effect.”

The parks law extends to playgrounds, civic centers or recreational property owned, used or run by state or local governments. Handguns are generally allowed in those kind of locations for permit holders only, but not when schools or higher education institutions are using the facilities. Law enforcement, security and military exceptions exist, as do carve-outs for “sanctioned ceremonial purposes.”

The judges said the restricted areas differ from protected “sensitive” locations.

Unlike legislative assemblies, polling places or courthouses, the park-related locations are “not so vital to the continued functioning of our republic such that an armed individual could direct or alter the exercise of essential government powers through violent intimidation,” the judges wrote.

They also said the locations aren’t like schools, where “parents must surrender their children to the custody (of) government officials at the command of the government.”

As for the “intent to go armed” restriction, the judicial panel said the law “criminalizes the entire right-to-bear-arms portion of the Second Amendment.”

The law includes a broadly worded misdemeanor for carrying a firearm or a club with the intent to go armed. In its own legal filing, the state has said Tennessee has a “general policy allowing the free carry of firearms” and the “intent to go armed” offense exists only when conditions are not met, such as being old enough or having a gun in a car or boat.

State law also lists legal defenses that can be raised, such as having the gun at home, hunting or protecting livestock from predatory animals.

The plaintiffs said the law improperly burdens people to bring up affirmative defenses after they’ve already been charged.

Supreme Court impacts

The Tennessee decision discusses gun regulations from the 1700s and 1800s, now commonplace for courts under the 2022 Supreme Court precedent. Courts must now review history to show a gun limitation is consistent with the country’s “historical tradition of firearm regulation.”

The fallout has varied.

For instance, the 5th U.S. Circuit Court of Appeals ruled against a federal age limit of 21 for buying handguns, saying 18- to 20-year-olds shouldn’t be prohibited. But 4th Circuit judges upheld the age limit. The split has prompted calls for the Supreme Court to weigh in.

Notably, under its new standard, the Supreme Court has upheld a federal gun control law intended to protect domestic violence victims.

Bans in parks and other areas have been challenged and experienced some success elsewhere.

Judges with the 2nd Circuit ruled last year that New York can enforce laws banning guns in “sensitive” places, including parks. A 9th Circuit panel ruled similarly in favor of California and Hawaii restrictions in parks, bars and other places, but also decided bans couldn’t apply to locations like banks. Parts of a New Jersey law suffered a district court loss, but 3rd Circuit judges let it take effect for places such as parks and casinos pending appeal.

In 2023, Tennessee settled a different lawsuit and allowed 18- to 20-year-olds to carry handguns, including under a 2021 law that made handgun carry permits optional.