“A New Low”: Conservatives Decry Tennessee’s Appeal Of Ruling Restoring 2nd Amendment Constitutionality
Tennessee Conservative News
The Tennessee Conservative [By Olivia Lupia] –
Though a three-judge panel issued a ruling declaring Tennessee’s “intent to go armed” provision unconstitutional, the state will be proceeding with an appeal, causing dismay amongst conservatives who believe Republican leadership is undermining their responsibility to protect and preserve the constitutional rights of the citizenry.
In Hughes v Lee, both Governor Lee and TN Attorney General Jonathan Skrmetti are named as defendants in a suit challenging the language in Tennessee’s Second Amendment laws which makes it a criminal offense to carry a firearm with an intent to go armed, stating it essentially undermines the entire purpose of the Second Amendment.
A chancery court concurred with the filing, ruling that both the “intent to go armed” language and the “parks” provisions, which prohibits carrying certain weapons in parks and recreational areas, are unconstitutional. That decision was praised by the Tennessee Firearms Association (TFA), Gun Owners of America, and conservative lawmakers across the state who urged the Governor and AG not to file an appeal and let the decision stand.
It appears that plea has fallen on deaf ears as TFA confirmed on Tuesday the appeal has been filed. The organization raises the questions as to whether these officials are violating their oaths of office and attacking the 2nd Amendment rights of citizens by taking such action.
Justifying the appeal, AG Skrmetti said the “Court’s broad ruling goes too far. It entirely invalidates two gun laws, even though those laws are constitutional in some situations. For example, it’s obviously constitutional to prohibit a 10-year-old from bringing a semiautomatic rifle to a rec league basketball game or a drunk with a shotgun from staggering down Broadway…But the Court’s ruling appears to legalize this in Tennessee. We look forward to the appellate courts providing clarity for citizens and law enforcement.”
The AG’s office has also filed a motion for a stay on the ruling, which allows the current law to remain enforceable while the appeal moves through the legal system. The state argued that “important and constitutionally-sound pieces of Tennessee law disappear” if the ruling can stand while the appeal is proceeding.
Conservative lawmakers are expressing their discontent with the appeal, many signing onto a letter written by Rep. Monty Fritts (R-Kingston-District 32) stating their belief “that such an appeal would not only allow these unconstitutional statutes to continue to stand, create confusion amongst law-abiding citizens about their rights, and delay the remedy of the injustices caused by the past enforcements of these statutes, but it would also incur unnecessary expenses for all involved.”
While the letter acknowledges the role of the AG to defend the laws of the state, it also challenges, “At what point do we say that the laws are not worth defending because they rob our citizens of their God-given and Constitutionally guaranteed rights? The citizens of our districts believe that government is supposed to be about securing their rights. We believe Tennesseans in other districts across the State believe the same thing. Is it right, then, for Tennessee government officials to continue to pursue the preservation of laws that do the opposite? We would argue that it is not right. We would, therefore, respectfully request that you urge the Defendants in Hughes v Lee to consider the citizens of this State and accept the ruling of the Chancery Court.”
Besides Fritts, who called the appeal “a new low even for the Lee administration and current Nashville establishment,” the letter is signed by 11 other Representatives, several of whom issued statements further supporting the original ruling of the court and the duty of state leadership to uphold constitutional rights.
Michele Reneau (R-Signal Mountain-District 27) wrote, “I’m proud to sign on to this letter to stand with Tennesseans and defend the God-given rights guaranteed in the Constitution… Instead of celebrating this affirmation of our freedoms, our Tennessee taxpayer dollars may be used to appeal the decision. Why should Tennesseans pay to fight against their own rights? Leaders are entrusted to protect our liberties- not spend public resources to diminish them. I signed on because I want Tennessee to remain a place where the Constitution matters and our freedoms are secure.”
Rep. Jody Barrett (R-Dickson-District 69) stated, “I was happy to sign on to this letter with my colleagues. I was one of the first to put a video out applauding the ruling by the three-judge panel and urging the Governor and AG to decline to appeal the ruling. Sadly, they have ignored the will of the people and the Constitution.”
“What’s happening in Tennessee right now should shake every freedom-loving citizen to their core. Our own Governor and Attorney General- the very people who swore to uphold and defend our Constitution- are leading the charge to strip away YOUR Second Amendment Rights… If this doesn’t wake people up, I don’t know what will. Shame on every so-called conservative who won’t stand up and fight this head on,” posted Rep. Todd Warner (R-Chapel Hill-District 92).
Senator Page Walley (R-Savannah-District 26) also wrote a letter to AG Skrmetti requesting he decline to appeal and instead send the laws back to the legislature for “reconsideration, debate, and remediation,” to serve as an example of a “responsive, well-functioning, three-branch system of government.”
But not all those who have championed the initial ruling are disapproving of an appeal. Rep. Chris Todd has expressed support for the appeal on the belief that pursuing it will result in a higher appellate confirming the lower court’s decision and set a stronger precedent for the future.
In response, TFA and others have expressed concerns that an appeal could also risk the higher court overturning the original decision on technical grounds that avoid the constitutional challenge.
Despite the marketing of Tennessee by Gov. Lee and other state leaders as “Constitutional Carry”, Second Amendment advocates maintain that laws like “intent to go armed” undermine that principle and instead move in the opposite direction. “Our governor has proven he is an enemy to gun rights in Tennessee. It’s past time for a change,” surmised Gary Humble of Tennessee Stands.
It is unknown at this juncture when the court will hear the Hughes v Lee appeal.