Cogent Commentary on TN Firearms Law

[CarlS]

An article I found which points out what I've said before, that Tennessee legislators have ONLY the right to regulate firearms to prevent crime, and since I'm not a criminal, the laws do not apply.

< part of a blog ( not mine ) worth reading >

PATRIOTIC WISDOM
The Tennessee State Legislature, as all State Legislatures, are required to follow the State Constitution when enacting laws. Unfortunately there are always Legislators that seem to dislike some of the rights enumerated by those Constitutions. When aided by activist Courts, questionable legislation is passed and wrongly upheld. I intend to highlight a few of the laws that, in my opinion, violate Tennessee’s Constitution regarding firearms. Here is the pertinent section:

Constitution Of The State Of Tennessee
Article 1
Section 26. That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

You may have noticed the absence of any wording that allows the State to regulate the keeping of arms or the bearing of those arms for defense. This section opens up a question regarding many laws which I’ll not go into at this time. My focus today will be on the second clause regarding the wearing of arms.

In an opinion provided by the Attorney General of Tennessee, Opinion No. 04-020 in February 2004, it was noted:
“The Tennessee Supreme Court has recognized that the General Assembly has the authority, under this section of the Constitution, to enact legislation to regulate the wearing and carrying of arms in public. Any such enactment, however, “must be guided by, and restrained to this end, and bear some well defined relation to the prevention of crime, or else it is unauthorized by this clause of the Constitution.” Andrews v. State, 50 Tenn. 165, 181 (1871).”

READ THE REST at

[Ron W]

According to the wording of Article I, Section 26 and applying the dictionary meaning of words, "bearing" (which means carrying) arms for self defense by citizens is a right. The Legislature can only regulate the "wearing" of the arms (which means how they are carried) with a view to prevent crime. That is the State can only legislate the right to carry as to whether one carries open, concealed, holstered, etc.

[JayC]

[kwikrnu]

[Ron W]

[tnxdshooter]