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Gun Owners of America (GOA), together with Gun Owners Foundation (GOF) and individual plaintiffs, have filed a reply brief in their ongoing challenge to Tennessee’s unconstitutional restrictions on carrying firearms in public. The case, filed in the Chancery Court for the State of Tennessee, 28th Judicial District, Gibson County, seeks to have Tenn. Code Ann. §§ 39-17-1307(a) and 39-17-1311(a) declared unconstitutional for criminalizing the public carry of firearms.
Tennessee’s laws impose broad restrictions on carrying firearms in public spaces, such as parks, effectively criminalizing the right to self-defense. In our reply brief, we argue that these laws violate both the Second Amendment and Article I, Section 26 of the Tennessee Constitution, which protects the right to bear arms. We assert that these statutes improperly treat the right to bear arms as an affirmative defense, rather than fully protecting the constitutional right to self-defense in public.
We also contend that Tennessee's laws lack historical precedent and fail to meet the standards set by recent Supreme Court rulings, such as Bruen, which require a historical analysis to determine the constitutionality of modern firearm regulations. Specifically, we challenge Tennessee’s argument that public places, like parks and polling stations, can be designated as "sensitive places" where gun rights can be restricted. We reject these claims, noting that such restrictions are inconsistent with the Nation's historical tradition surrounding the right to bear arms.
The Court will likely schedule a hearing in the near future. GOA, GOF, and our allies are seeking a court order to invalidate these laws and restore the full right to carry firearms in public spaces, including parks, for self-defense purposes without the need for exceptions or affirmative defenses.
Erich Pratt, Senior Vice President of GOA, issued the following statement: "Tennessee’s laws undermine the Constitutional right to bear arms by criminalizing the act of carrying firearms in public places, like parks, where citizens should be able to defend themselves. We are confident that the court will rule in favor of Tennesseans' rights and strike down these unconstitutional restrictions."
Sam Paredes, representing Gun Owners Foundation, added: "This case is pivotal in ensuring that Tennessee's gun laws align with the Second Amendment. We are fighting to restore the right to carry firearms in public for self-defense, and we believe the court will recognize the need to protect this fundamental right."
GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.