On August 22, 2025, a three-judge panel completely struck down as unconstitutional in a summary judgment ruling in favor of the Plaintiffs two of Tennessee’s more onerous gun control statutes – one which makes it a crime to carry a firearm with the “intent to go armed” and another which banned carrying certain weapons in public recreational areas including parks, greenways, campgrounds and other recreational areas. Governor Bill Lee and Attorney General Jonathan Skrmetti, in their official capacities, are the defendants and they have fought to preserve these unconstitutional statutes the entire time.

On September 2, 2025, Governor Bill Lee, Attorney General Jonathan Skrmetti and the remaining state defendants filed a notice of appeal. Sheriff Paul Thomas, who is not represented by Skrmetti, has not appealed.

Also on September 2, 2025, Attorney General Skrmetti filed a motion to stay the ruling of the three-judge panel until the court of appeals could decide the case. In essence, these public officials were asking for the opportunity to continue to enforce these two statutes against the citizens of Tennessee and its visitors. Further, Lee and Skrmetti admitted in their motion that “[i]n the clarifying light of Bruen, the constitutional infirmities of some of Tennessee’s gun laws are hard to miss.” Later, Lee and Skrmetti also admitted that “Defendants have acknowledged that there are unconstitutional applications of these statutes. Ds’ MSJ, at 16.” Skrmetti/Lee Motion for Stay, p. 5. Lee and Skrmetti made no effort to identify which provisions of these statutes they conceded were unconstitutional and which they felt survived constitutional review. Instead, they asked for the opportunity to enforce both the unconstitutional as well as those provisions that they asserted were constitutional. Plaintiffs opposed the motion to stay.

On September 10, 2025, the three-judge panel completely rejected the motion by Bill Lee and Jonathan Skrmetti seeking to allow them to continue to enforce these statutes pending the state Defendants’ appeal. The Panel did not merely deny the motion, it shredded it on every issue that the state Defendants raised.

Failing repeatedly before the three-judge panel, on September 15, 2025, Bill Lee and Jonathan Skrmetti have now filed a 25 page “Emergency Motion for Stay Pending Appeal” with the Court of Appeals which they supported with two volumes of appendixes totaling 389 pages.

Clearly, the conduct of Bill Lee and Jonathan Skrmetti, as well as the conduct of certain state legislators (some of whom openly called for the state to appeal) should be a warning shot to all Tennesseans that these individuals who are cloaked in government authority are coming like the “Red Coats” at Lexington and Concord to attack their now constitutionally protected rights. It is also obvious that Tennessee’s Republican controlled super-majority in the Legislature has been a complete failure under their oaths to uphold and protect the constitutional rights of individuals. That Republican super majority has had 16 years and numerous opportunities year after year to repeal these unconstitutional statutes but they have repeatedly failed and refused to do so.

What can you do now?

• Contact your legislators by face to face meetings, phone calls and letter and demand answers explaining why they failed to take action so that this lawsuit would not have been required.
• Ask your legislators whether they opposed, supported or just sat by silently on the issue of the appeal.
• Ask your legislators for copies of their communications with the Governor or the Attorney General concerning this lawsuit or the appeal and provide those to TFA to share with others.
• Ask your legislators to identify for you other legislators who have blocked prior efforts to legislatively repeal these statutes and also those who have supported the appeal.
• If your Legislators are not fully against the acts of Bill Lee and Jonathan Skrmetti, including their appeal, perhaps you should consider challenging these elected officials in their next primaries or work now to find constitutionally minded stewards to replace the legislators, governors and the attorney general who have failed us.
• Join or renew your membership in the TFA and spread the word to encourage others to do likewise.

If you would like to help fund this and other litigation efforts, please consider a tax deductible contribution to the Tennessee Firearms Foundation.