On September 2, 2025, the Tennessee Attorney General, Jonathan Skrmetti, filed a notice of appeal by himself, Governor Bill Lee, and other co-defendants. In this appeal, the Attorney General apparently seeks to reverse the entire three-judge panel ruling that two of Tennessee’s gun control statutes – the “intent to go armed” statute and the “parks” statute – are unconstitutional by violating the Tennessee Constitution and, through it, the Second Amendment. In his arguments before the three-judge panel, the Attorney General’s attorneys argued that the statutes were constitutional.

The appeal could take one or more years to be addressed in the Tennessee appellate court and potentially the Tennessee Supreme Court. At the same time, the appeal potentially gives State Legislators (primarily the Republican super-majority caucus) an excuse to refuse to address the facially unconstitutional statutes by asserting that the matter is being litigated and that the Legislature should await the outcome of any appeals or subsequent trial court remands before acting.

Some might believe that the basic function of the Tennessee Attorney General is to uphold, first and foremost, the constitution of the state of Tennessee and the United States. Indeed, the Tennessee Constitution in article X, Section 1 sets forth the applicable oath of office:

Every person who shall be chosen or appointed to any office of trust or profit under this Constitution, or any law made in pursuance thereof, shall, before entering on the duties thereof, take an oath to support the Constitution of this state, and of the United States, and an oath of office.

TN Constitution, article X, Section1

Note, that the oath does not include a duty to support the statutes enacted by the Legislature without regard to their constitutionality. Indeed, one of the empowering statutes addressing the duties of the Attorney General expressly imposes a duty to defend the constitutionality of state statutes unless the Attorney General believes the statute is itself unconstitutional.

(9) To defend the constitutionality and validity of all legislation of statewide applicability, except as provided in subdivision (b)(10), enacted by the general assembly, except in those instances where the attorney general and reporter is of the opinion that such legislation is not constitutional, in which event the attorney general and reporter shall so certify to the speaker of each house of the general assembly;

Tenn. Code Ann § 8-6-109(b)(9)

Here, not only has the Attorney General defended the state statutes in the trial court but his office now appeals the trial court’s ruling. Serious questions remain, therefore, as to what part(s) of the trial court’s ruling the Attorney General believes were so entirely misplaced that a defense and now an appeal are warranted – particularly when several legislators have urged that no appeal be taken.