by C. Richard Archie » Tue Mar 02, 2010 10:00 pm
TacticaLogic,
You are dead on here.
I concede that the University has the power to ban possession regardless of permit status on their property, but none whatsoever regarding the ownership or possession off campus. If the State truly operates under the Constitution, only the Legislature has the power to restrict the wearing of arms, and that with a view to prevent crime only, if in fact we are to have a literal interpretation of Article 1 Section 26 of the Tennessee Constitution. I see nothing in that clause that exempts UT from Legislative restraint, nor empowers it to overbear State authority.
TCA39-17-1314 says that the State preempts all other known entities with regard to regulations regarding arms. From that Code section:
"no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986."
One of two things has precedent there, (1) the Legislature never considered that the AD would assume to control Constitutional issues, and therefor did not include either him or UT proper in the list of prohibited entities that might usurp the Legislatures power, (2) ruling was not in effect prior to April 8, 1986, so even if somehow UT has managed to worm itself into a position that is co-equal with the Legislature, it's latest ruling is preempted by the State due to time constraints in 39-17-1314.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams
TFA/NRA Life Member
Chapter Leader, West TN Regional Chapter