If you want change, you have to get involved.

[Worriedman]

Recent rulings by The Supreme Court of the United States and important to Tennesseans, our own Appellate system are proving that statues passed by the General Assembly, while holding the force of law, can and oft times do deny the enjoyment of rights enumerated in our Constitutions.

New York State Rifle and Pistol Club v. Bruen points out a very important fact, that the Constitution and Bill of Rights MUST be viewed in light of the meaning of the words used at the time of the writing.  As in Heller, the Court has stated that later statues do not create a “new” understanding of Rights.

In Carpenter v. United States, the Court said electronic communications are privileged under the 4^th Amendment, just as written documents were at the Founding, a warrant necessary for the government to access them.  We see memes all time of plume pens and computers being the same.  Free speech on TV and internet are all covered under the 1^st.  Why then would our 2^nd Amendment rights be any different?  In Bruen the Court said they were not, and even our own State Appellate decision last week confirms this fact. (Columbia Housing & Redevelopment Corp. v. Kinsley Braden)

Why then is there a law, 39-17-1307 (a) (1) which says it is a crime to carry a loaded firearm off of one’s personal property, first passed by the General Assembly of Tennessee in 1801, a scant 5 years after the admission of our State into the Union and the issuance of our Constitution.

In that document, (commented on by Thomas Jefferson as the “least imperfect and most republican” of the State Constitutions) then Article 11^th §26 said “That the free men of this State have a right to keep and to bear arms for their common defence.”  Also the oath of the Legislators in Article 9^th § 2^nd “That each member of the senate and house of representatives shall, before they proceed to business, take an oath or affirmation to support the constitution of this State, and also the following oath:

I, A.B., do solemnly swear or affirm that, as a member of this general assembly, I will in all appointments vote without favor, affection, partiality, or prejudice, and that I will not propose or assent to any bill, vote, or resolution which shall appear to me injurious to the people, or consent to any act or thing whatever that shall have a tendency to lessen or abridge their rights and privileges, as declared by the constitution of this State.”  Further, in Article 10^th Section 4^th “The declaration of rights hereto annexed is declared to be a part of the constitution of this State, and shall never be violated on any pretence whatever. And to guard against transgressions of the high powers which we have delegated, we declare that everything in the bill of rights contained, and every other right not hereby delegated, is excepted out of the general powers of government, and shall forever remain inviolate.”

Hopefully, these recent happening in courts will alert the legislators that the failure of previous General Assemblies to their oath and obligations require repeal of statutes which violate the Right of the People to keep, bear and wear arms.  That will only happen if the People instruct them so!

[JN01]

Some of the sensitive area restrictions are ripe for challenge, i.e. parks and green spaces for the non-enhanced permits and permitless carry.   Perhaps, also, the criminal charge for carrying on posted private property.

Edited October 23, 2022 by JN01