Law prohibiting guns in parks is unconstitutional, Gibson County court finds
GIBSON COUNTY, Tenn. — A local court has ruled two Tennessee gun laws regarding guns in parks are unconstitutional. The ruling eliminates a ban on carrying firearms in public parks, and voids a statute that made it illegal to carry a gun with “intent to go armed.”
On Friday, August 22, it was declared that the laws were unconstitutional, void and of no effect by the Gibson County Chancery Court. The three judge panel ruled against the law prohibiting guns in parks.
The court found the laws too vague and in violation of the Second Amendment, potentially limiting law enforcement’s authority to stop armed people in public spaces.
“I was applauding the decision on Friday and I still applaud the decision. Now I am calling for an appeal by the state so that it gets to a higher court and has any even more meaning. I think they’re gonna affirm it, they will uphold this decision and it will expand it to be state wide,” said Rep. Chris Todd (R-TN). “It’s so obvious to me that its unconstitutional. It flies in the face of the constitution and Tennessee constitution and should be changed. This court just affirms what many of us have been saying for quite some time and gets us a little further down the road to get that changed.”
This is currently only effective in the district that is governing in Gibson County, however it will be applied to that district effectively immediately.
“I firmly believe an appellate court will uphold that and thus apply this ruling statewide. That’s the real reason that I am calling for this to be appealed,” said Todd.
As of now, Todd is working on a bill to apply it to all states.
“Then we change it in the legislature that’s already in the works. I have a bill, House Bill 883, that has been filed and we’re working on drafts of that right now to get us the right language to reverse what was done in 1989,” said Todd.
We spoke with leaders from Tennessee State Parks. They shared at this time they could not give a comment due to it being a legal matter.
The decision, celebrated by gun rights advocates, could usher in a broader interpretation of constitutional carry across the state.
The state has 30 days to appeal, but for now, the ruling significantly broadens public gun carry rights in Tennessee.
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