Tennessee law violates the Second Amendment’s prohibitions by presumptively making it a crime for anyone to carry any firearm “with the intent to go armed”. See, Tennessee Code Annotated § 39-17-1307(a)(1).
Indeed, it is a crime even if you are in your own home, on your own property or if you have a permit. It is a crime to carry “with intent to go armed” but Tennessee law does provide you with “affirmative defenses” but that Legislature has put that burden on you, the citizen, to prove to an officer, a district attorney or a jury that you meet all the elements of that exception.
The United States Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen in June 2022 made clear a government cannot under any circumstance justify the infringement of a constitutionally protected right by asserting that it is reasonable, that it is in the public interest, that it promotes public safety or that it advances crime prevention. As stated in Bruen, only those government restrictions that constituted part of the nation’s historical tradition as of 1791 (or close analogues) can pass constitutional scrutiny.
It is beyond debate that Tennessee’s “intent to go armed” statute is unconstitutional.
SB2502 by Sen. Joey Hensley / HB2082 by Rep. Monty Fritts are companion bills, which as amended, will fix this problem by repealing the “intent to go armed” language and making other appropriate changes to current Tennessee law. You know it is a good bill when the gun control zealots are howling during the legislative hearing and the Democrat legislators are without competent comments.
We are asking you to contact your legislators today to insist that they also sign on as co-sponsors to this legislation and that they vote to support this necessary change. Use this TFA provided tool to contact your legislators today!