TN strikes down 2 'unconstitutional' gun laws; open carry now allowed in state parks

From Local 3 News: Until now, it was illegal to openly carry a firearm in Tennessee's parks. That has since changed after a court ruling struck down a state law, saying it was unconstitutional.

A three-judge panel at the Gibson County Chancery Court struck down two state laws on Friday: a decision that's been more than two years in the making.

"They violate the TN constitution. They violate the second amendment. They violate, actually, the 14th amendment,” says John Harris, Executive Director of the Tennessee Firearm Association.

Harris says they filed a lawsuit on behalf of three members of the TFA and two organizational plaintiffs: Gun Owners of America and the Gun Owners Foundation.
The first of these laws made it illegal to carry a firearm in public parks, which, after last week's court ruling, is now allowed.

“The parks don’t fall into that category, because parents aren’t forced to take their child to the parks,” Robin Flores, a criminal attorney at Robin Flores Attorney at Law.

The second change involves the "intent to go armed" statute and its implications, which have sparked debate for years. The original law basically allowed officers to stop anyone they observe with a gun, and arrest them with a charge of intent.

“Tennessee’s statutory structure, as we refer to as the 'intent to go armed' clause, is abusively written,” Harris says. “As written, it applies at all times and at all places within the state. It applies on public property. It also applies on private property, including your home, your personal residence, or your place of business."

Flores says it's like driving with a license.

"You can't just arbitrarily stop them to check to see if they have a driver's license,” Flores says.

That's why Harris pushed back against the law.

"A law that is that broad–that sweeps so extensively, as to make it a crime in all places at all times–is constitutionally void,” he says.

The overturning of that law eliminates that issue while protecting constitutional rights. Harris says this “would establish a policy, like many other states have, where it’s simply not a crime to carry a firearm for offensive or defensive purposes.”

As the law progresses, the issue of how to handle cases prosecuted under original law has come into question. Harris says the laws will most likely have no effect on those that have concluded, but for pending cases, that answer will vary.

“Based on my conversations with some public officials to this point, there’s a good chance this may be reconsidered as to whether or not they proceed with prosecution,” he says.
Overall, the goal is to find a clearer, more black-and-white answer where the line between misuse of firearms and exercising rights isn’t so blurry when it comes to the law.

“What we’re trying to get to is a situation where misuse or abuse of a constitutional right would be subject to prosecution, but merely exercising the constitution right itself is not a criminal offense,” Harris says.

Now, it's up to Tennessee Governor Bill Lee to determine what to do next. The state has 30 days to file an appeal.