Advocates for the Second Amendment have been challenging gun laws through lawsuits for a long time, but Hughes v. Lee, centering on concealed carry rights in Tennessee, stands out as different.
The key figure here is Tennessee Governor Bill Lee, a Republican, leading a state that doesn’t typically attract many lawsuits from gun rights advocates. On Tuesday, members of Gun Owners of America (GOA) demonstrated outside the Tennessee Court of Appeals. Meanwhile, state attorneys, including Tennessee Attorney General Jonathan Scumetti, seem to be debating amongst themselves concerning the legal proceedings.
GOA’s State and Local Director, Chris Stone, highlighted a long-standing aspect of the Tennessee Code of Firearms Law, which is over a century old. Sections 39-17-1307(a) and 39-17-1311(a) address the “intent to arm” and set restrictions on firearms in various public areas, including parks. Stone argued that these laws effectively infringe on Second Amendment rights, particularly regarding “unauthorized carry,” a situation that may have changed with recent legislation signed into law in 2021.
“There’s this remnant in the Tennessee Code from back in the 1800s concerning the intent to arm,” Stone explained. “It originally aimed to prevent individuals from creating public panic through terrorism-like behavior, like someone brandishing a rifle, whether they were genuinely dangerous or just on the fringe.”
Gun rights groups recently achieved a legal win in a related case. The ruling, which took place in August 2025 in Gibson County Court, was later appealed by Mr. Scumetti, with his office suggesting the original process contained significant errors.
In response to inquiries, Scumetti stated, “This lawsuit was improperly filed, and it didn’t follow the correct legal standards. Our constitutional issues concerning gun control need to be treated like any other constitutional concerns, which requires consistency in the application of the law.”
Stone reacted to these comments by saying, “It’s a familiar strategy for states to deflect responsibility instead of addressing the actual issues. The Tennessee Attorney General seems more focused on maintaining violations of the Second Amendment rather than protecting the lawful rights of gun owners.” He added that the AG should have respected the original ruling instead of continuing to challenge lawful firearm possession.
Hughes v. Lee is a civil matter and was reviewed by a three-judge panel considering its constitutional implications concerning state law. It seems Tennessee officials argue that the legislature is the right venue for resolving these recognized constitutional issues.
Stone mentioned to the press that the GOA’s case is crucial because the language in existing laws might be weaponized against individuals needing to defend themselves outside their homes, a gap he feels Congress has overlooked. “This isn’t just about an outdated law on the books. It actually means that in Tennessee, the right to self-defense outside your residence is questionable,” Stone noted. “Carrying a firearm, even if you possess a permit, can lead to problems, especially in public spaces where carry is outright banned.”
“Inadvertently stepping onto a public greenway could put you in a predicament where you might need to protect yourself, but you could also be charged under Tennessee’s intent-to-arm statute,” Stone elaborated.
