A ruling by a Tennessee judge has declared that four individuals cannot be denied their voting rights because their felony offenses disqualify them from possessing a firearm, despite a state directive linking gun rights to the restoration of voting rights. The judge’s decision allows the four individuals to pursue the reinstatement of their full citizenship rights, including voting, while excluding the restoration of gun rights due to permanent bans resulting from their offenses.
The ruling emphasizes that individuals who are unable to regain their gun rights because of disqualifying offenses can still pursue the restoration of voting rights and other aspects of citizenship under state case law. Tennessee initiated a new requirement earlier this year mandating individuals with felony convictions to first regain their firearm rights if they wish to have their voting rights reinstated, further complicating an already intricate process of voting rights restoration that had been the subject of ongoing litigation.
Although the recent rulings do not mandate changes to the state’s system, the four applicants now await the processing of their paperwork by state officials, who have previously maintained that the restoration of gun rights is a prerequisite for the reinstatement of voting rights. The attorney representing the petitioners expressed hope that the state will comply with the judge’s order, but uncertainties remain regarding the state’s response, given past denials of voting rights restoration when exceptions for gun rights were included.
The linkage between gun and voting rights restoration has raised concerns among advocates, who argue that the requirement could disproportionately disenfranchise individuals, particularly those with felony drug offenses or convictions involving violence that trigger permanent restrictions on gun rights. Despite these concerns, the judge’s ruling affirms that full citizenship rights can be reinstated even if certain restrictions on gun rights persist, citing a previous Tennessee Supreme Court ruling.
The Nashville district attorney’s office echoed similar legal arguments in the cases, while the Tennessee secretary of state’s office declined to comment on the ruling citing ongoing litigation. A federal lawsuit filed in 2020 challenging the lack of clarity in the restoration process continues to contest the new restrictions and other deficiencies in the system.
Tennessee’s complex restoration process for voting rights dates back to a 2006 law allowing individuals with felony convictions to petition for restoration provided they have completed their sentences and met financial obligations. However, recent changes now require individuals to first restore their citizenship rights through a court order or presidential pardon before proceeding with the traditional restoration process.
The Republican-led Legislature opted against implementing changes to decouple the restoration of voting rights from the reinstatement of gun rights, with plans to further examine citizenship rights issues and propose adjustments in the upcoming legislative session. Tennessee currently has over 470,000 disenfranchised felons, facing a convoluted restoration process that remains inaccessible for certain offenses, disproportionately affecting the African American population with over 21% disenfranchisement among voting-age individuals.
