Intent to go armed clause

[Worriedman]

Chairman John Ragan has a bill (HB 1385) that would define the "intent to go armed" clause.  He was approached by Department representatives yesterday prior to running his bill with the agreement to strip its usage from the TCA.  He took his bill off notice to construct and amendment that will simply remove the clause from out statutes, as it is agreed, unconstitutional.

This is a big deal.

There is a TN Supreme Court case from 1880 (attached) that actually defined the term, somehow lost to memory in the General Assembly and its "Legal Department".  Once brought to light it shows the "clause" to be in direct conflict of the definition of the 2nd Amendment per Heller, McDonald and Bruen.

 

 

Edited February 22, 2023 by Worriedman

[DHF]

Thank you for providing.

[leroy]

Amen..!

[Worriedman]

Department of Safety and TBI got cold feet, and did not want to remove the "Intent to go armed" following talks with their masters, so they pulled support to strike the clause, Chairman Ragan will run his original bill to define the term.

I smell another law suit coming.

[nod]

I will say I have lived in TN for 4 years and don't have a clue to what that means. I have an enhanced carry permit so I intent to "go armed". Doesn't make any sense to me.

[Garufa]

24 minutes ago, nod said:

I will say I have lived in TN for 4 years and don't have a clue to what that means. I have an enhanced carry permit so I intent to "go armed". Doesn't make any sense to me.

You’re not the only one.  Having a permit is an exception to the “intent to go armed” language in TN law.  Now that permitless is carry allowed it complicates the intent to go armed situation and language. 

The concept of intent to go armed is not hard to understand at all.  What @Worriedmanposted is a good explanation.

TN gun laws are in a constant state of flux and change yearly.

[trunner]

HB1385 defines "intent to go armed" as "carrying or wearing a weapon with premeditation and forethought to commit an infamous crime."

If the bill were to become law, would this then negate the need for a carry permit of any type in TN? Presumably, law abiding citizens would not be "committing an offense" by carrying a firearm, as there would be intent to commit a crime. Would this mean that TN would have "true" constitutional carry?

Thanks all for any clarification you can provide. Sorry if I'm behind the curve on this (new resident).

[chances R]

Reciprocity would be an issue.  Would eventually see the ECP having some additional privilge, as a way to encourage usefulness and training.