On February 16, 2023, a lawsuit was filed by Stephen L. Hughes, Duncan O’Mara, Elaine Kehel, Gun Owners of America, Inc., and Gun Owners Foundation against Bill Lee, in his official capacity as the governor of the state of Tennessee. See, Stephen L. Hughes, et al., v. Bill Lee, Chancery Court for the 28th Judicial District, Gibson County, No: 24475. The plaintiffs seek a determination by a state court that Tennessee’s “parks statute” (Tennessee Code Annotated § 39-17-1311) and Tennessee’s state-wide “gun free zone statute” (Tennessee Code Annotated § 39-17-1307) are unconstitutional under the Tennessee Constitution.

At the same time, the plaintiffs filed a motion with the trial court asking for the issuance of a preliminary injunction to prohibit the state from enforcing those 2 specific statutes. (See TFA website for copy)

TFA has already heard that several legislators are aware of the Gibson county lawsuit and are potentially considering whether the Legislature should step in and look at whether the United States Supreme Court’s opinion in in New York State Rifle and Pistol Association v. Bruen would require that responsible legislative action look at repealing or amending these laws to eliminate state infringements that they create and which are now prohibited by the 2nd and 14th Amendments according to the Supreme Court.

At least one Tennessee appellate court decision has already concluded that the Supreme Court’s decision in Bruen required that a local government practice in Tennessee be declared unconstitutional. See, Columbia Housing & Redevelopment Corp. v. Braden, M2021-00329-COA-R3-CV (Oct, 13, 2022.)