A legal showdown over where Tennesseans can legally carry firearms is intensifying as Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a decisive reply brief this week. The filing, submitted in the Gibson County Chancery Court, marks the latest move in a high-stakes challenge against state statutes that the groups claim turn a fundamental right into a legal trap.
At the heart of the dispute are two specific sections of Tennessee law—Tenn. Code Ann. §§ 39-17-1307(a) and 39-17-1311(a). Currently, these rules create a broad prohibition on carrying firearms in public spaces like parks.
While the state allows for certain “affirmative defenses”—legal excuses a person can use if they are caught—the plaintiffs argue this framework is backward. Instead of the government having to prove a carry act is dangerous, the burden falls on the citizen to prove their innocence in court.
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The brief argues that Tennessee’s current stance doesn’t just clash with the Second Amendment, but also violates Article I, Section 26 of the Tennessee Constitution. Attorneys for the gun rights groups point to the 2022 Supreme Court decision in Bruen, which mandates that firearm regulations must be rooted in the “historical tradition” of the United States. According to the filing, there is no historical precedent for labeling everyday public spaces, such as parks, as “sensitive places” where carry rights can be completely stripped away.
State officials have previously defended the restrictions, suggesting that certain public areas require heightened security and gun-free designations for public safety. However, the GOA and its allies reject this, stating that such labels are being applied too broadly and lack the historical backing required by federal law.
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“Tennessee’s laws undermine the Constitutional right to bear arms by criminalizing the act of carrying firearms in public places where citizens should be able to defend themselves,” said Erich Pratt, Senior Vice President of GOA, in a statement following the filing.
The case is now moving toward a critical junction. With the reply brief submitted, the court is expected to schedule a hearing shortly to determine if these long-standing restrictions will be struck down. If the plaintiffs succeed, the ruling could fundamentally reshape how and where Tennesseans can legally carry firearms for self-defense, potentially ending the state’s reliance on “affirmative defenses” in favor of a more open carry policy in public parks and municipal areas.
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