MARCH 25, 2026
Tennessee’s Republican Leadership – They Promised to Defend the Constitution. They Didn’t.
For more than a decade, Tennessee Republicans have held effective
control over state government. Since 2011, the governor’s office has
been occupied solely by Republicans – first Bill Haslam and now Bill Lee
– while commanding supermajorities in both chambers of the General
Assembly under the leadership of Lt. Governor Randy McNally, Speaker
Cameron Sexton, Senator Jack Johnson and Representative William
Lamberth.
With that level of political dominance came a clear opportunity –
and, more significantly, an undeniable obligation – to protect and
restore the constitutionally protected rights of Tennesseans and
visitors to Tennessee. Indeed, these elected officials took oaths of
office that are mandated by Tennessee’s citizens in their constitution
that impose that duty on each elected and appointed official.
Instead, despite years of campaign promises and public assurances of
unwavering support for the Second Amendment and the federal and state
constitutions, these leaders and the Republican super majority
purposefully have left in place statutes that intentionally criminalize
the very conduct and activities that the State and federal Constitutions
not only protect but which they also declare “shall not be infringed,”
by the government including its officials.
For years, citizens and advocacy organizations, including the
Tennessee Firearms Association, have warned the elected officials that
Tennessee’s “intent to go armed” statute, its firearm prohibitions in
public parks and numerous other state and local restrictions were
unconstitutional. Those warnings were not speculative; they were
grounded in the text of the Second Amendment and the Tennessee
Constitution. These warnings were later reinforced by the analytical
framework set out in repeated United States Supreme Court opinions
including New York State Rifle & Pistol Association v. Bruen (2022).
Yet, even with repeated calls for reform and the admonitions of the
U.S. Supreme Court, Tennessee’s Republican leadership in government
failed to act. The General Assembly did not repeal these laws. The
Governors did not demand their repeal – indeed, their administrations
through the Department of Safety and the TBI consistently defended them.
Instead, these clearly unconstitutional restrictions remained in force
year after year under a government that claimed, some would say
falsely, to be the strongest defender of constitutional rights. A
government that was totally under the control of individuals who
identified as Republicans.
It ultimately took citizen litigation to force accountability. In August 2025, a unanimous three-judge trial court panel in
Hughes v. Lee
declared Tennessee’s “intent to go armed” and parks statutes
unconstitutional, void and unenforceable. The court concluded that the
State had failed to carry its burden to justify laws that criminalized
the right to bear arms. This was not a narrow or technical ruling – it
was a sweeping judicial branch rejection of laws that had existed for
years under absolute Republican control of the other two branches of
government. The judiciary did what the political branches refused to do:
it enforced the Constitution. Who were the Defendants in that lawsuit?
Governor Bill Lee in his official capacity and Attorney General
Jonathan Skrmetti in his official capacity. The ruling leaves little, if
any, room to dispute the trial court’s conclusions.
And yet, even after that decisive ruling, the response from
Republican leadership and the Republican caucus in the Legislature was
not swift correction. Instead, it was more denial, delay and resistance.
First, Governor Lee and Attorney General Skrmetti appealed the ruling.
Some Republican Legislators, like Representative Chris Todd, went
immediately to Facebook and encouraged the appeal.
Then, during the 2026 legislative session, some bills were introduced
to repeal the unconstitutional statutes, but those efforts stalled
under the control of legislative leadership and the hand-picked
committee leadership. Measures were delayed, deferred, or left to die
in committee as the session clock has nearly run out. At the same time,
the State – under the authority of Bill Lee and with the participation
of the Attorney General – chose to continue to appeal the ruling rather
than accept it and bring Tennessee law into compliance with the
Constitution. These are not the actions of leaders urgently seeking to
correct unconstitutional statutes; they are the actions of government
tyranny choosing to violate your rights and their oaths by working to
preserve the constitutional crisis.
Indeed, on March 23, 2026, Senate Judiciary Chairman Todd Gardenhire
took it upon himself to “continue” several of the bills that were
pending in that committee to an unspecified date in 2027 – a date far
beyond the last possible date for consideration in the 114th General
Assembly. Reportedly, he did not alert the other committee members
that he was going to do this and, by his actions he took it upon himself
to deny to the other 32 Senators the authority to even consider and
debate these bills. Worse, of the 9 members of the Senate Judiciary
Committee, 7 of them are Republicans (including Gardenhire). The other
Republicans are Bobby Harshbarger, Kerry Roberts, Paul Rose, John
Stevens, Brent Taylor, and Dawn White. So far, there is no public
evidence that any of those six have complained about Gardenhire’s
actions, that any of those six have challenged it with Senate
leadership, that any of those six have taken action under Senate Rules
to remedy Gardenhire’s abuses or that any have taken any other action to
bring the bills “Back From the Future” to be addressed here and now.
Further, there is no public evidence that lame duck Lt. Governor Randy
McNally or Senate Republican Leader Jack Johnson (who likely covets the
office of Lt. Governor) have done anything to remedy Gardenhire’s
abuses. Their silence raises questions about whether leadership
supported or acquiesced in these actions.
And, Gardenhire’s abuse is not solely a Senate issue. It also
impacts the viability of the companion bills in the House rendering
those moot as well (other than for election propaganda purposes). But,
like the Senate, House Republicans and House leadership have effective
tools to remedy his abuses. The House super majority could, for
example, declare any remaining Senate sponsored bills “dead” in the
House. The House, as the originator of the budget, could essentially
table all budget work conditioned on the Senate’s reversal of
Gardenhire’s unilateral actions. The House could hold session open
indefinitely by delay tactics in an election year to force the Senate to
remedial actions. Will it do any of those? Certainly not if
Gardenhire’s actions were not unilateral but were instead part of a
wider Republican conspiracy to disregard the constitutional rights of
citizens and the Hughes ruling.
This week will evidence whether individual Republican House and
Senate members will honor their oaths and protect the constitutional
rights of the citizens. Based on past patterns they will choose not to
do so – except perhaps with a few individuals who serve with honor and
allegiance to their oaths.
This public record exposes a fundamental failure of leadership and
the knowing and intentional infringement of your civil rights.
When elected officials campaign as defenders of constitutional
rights, take an oath to uphold those rights, and then refuse to act –
even after a court has declared the law unconstitutional – the issue is
no longer one of mere policy disagreement. No. It is a question of
credibility and duty. Republican leadership in Tennessee had the votes,
the authority, and the time to fix these laws – for more than a decade –
without litigation. They chose not to. When forced by the courts to
confront that failure, they still chose delay over action
.
The conclusion is unavoidable: this was not a lack of power, and it
was not a lack of opportunity. It was a lack of will. The same
leadership that campaigns on constitutional fidelity—Bill Lee, Randy
McNally, and Cameron Sexton—presided over years in which
unconstitutional laws remained in effect, forced citizens to bear the
burden of litigation to vindicate their rights, and then failed to
deliver meaningful legislative reform even after losing in court. That
is not what it means to defend the Constitution.
When a political party holds for even a few years – much less 16 years:
- The Governor’s office
- A supermajority in both chambers
- Full control over committee assignments and bill calendars
and still leaves unconstitutional laws in place – that is not gridlock. That is a purposeful decision.
And, that decision by these Republicans deserves an indictment:
- Tennessee Republicans had the power to repeal unconstitutional gun laws.
- They had the time and opportunity to repeal these laws.
- They had staff attorneys to advise them and write the legislation for them.
- They had citizens and advocates demanding the reforms.
- They chose not to act until forced by litigation.
- When the courts ruled those laws unconstitutional, they still did not act with urgency.
- Instead, leadership allowed repeal efforts to stall and die in the
Legislature while the State continued to defend those laws on appeal.
This is not what constitutional fidelity looks like. It is what political avoidance looks like.
Citizens must be prepared to reject the re-election bids of every
Legislator who had the opportunity to demand that these issues be heard
on the floors and passed. They must be prepared to expose and indict
the ones who had greater authority – those in leadership and committee
members – for their conspiracy to violate constitutionally protected
rights. They must be prepared to elect new Legislators and a new
Governor who have openly and clearly condemned the failures of these
state officials and who are sworn solemnly to repeal these laws and to
remove the Legislature leaders who are at fault.
What can you do?
- Contact your
legislators to demand that they ensure that these two statutes are
repealed before they adjourn this year.
- Insist that
your legislators demand the amendment of HB2064 and SB2467 to clean it up
to only address the unconstitutional statutes.
- Share this
information with family, friends and other Second Amendment supporters to
encourage them to contact their legislators.
- Also, encourage them to subscribe directly to the TFA's free email system so that they will directly receive future communications in their email accounts.
If you appreciate the work of the Tennessee Firearms
Association on issues such as this, please consider joining. You can also made
charitable donations to the Tennessee Firearms Foundation to help fund this and other
public interest litigation that focuses on restoring fully the rights protected
from government infringement by the Constitutions.