Are Long guns covered as permissible arms by the 2nd Amendment and if so, are they Costitutationally lawful for carry in Tennessee

[Worriedman]

Historically, the legislature has been very specific (Down to naming sling shots as prohibited "dangerous" weapons) but there has been no prescription against long guns, until 1989, that does not comport with Heller, McDonald or Bruen time frame.

Show your house rep., senator, the governor, Commissioner of the Department of Safety and Director of the TBI these facts and ask these questions:

Please find attachments that I have found that require investigation related to current infringements on the 2^nd Amendment found in Tennessee jurisprudence and Statutes, and questions that are raised in their stead.

Are rifles and shotguns protected by the 2^nd Amendment as lawful weapons of carry?:

 

“Government simply does not have the authority to dictate a list of firearms or configurations that it finds “suitable” for citizen self-defense, hunting, target practice, militia use, or some other lawful use.” JAMES MILLER, et al., Plaintiffs, v. ROB BONTA Case No.: 19-cv-01537 BEN (JLB) pg. 75

“[T]he right to keep arms involves, necessarily, the right to use such arms for all the ordinary purposes, and in all the ordinary modes usual in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace.” Andrews, 50 Tenn., at 178 District of Columbia et al. v. Heller, 554 U.S. 570, 614 (2008)

“[W]e would hold, that the rifle of all descriptions, the shot gun, the musket, and repeater, are such arms; and that under the Constitution the right to keep such arms, cannot be infringed or forbidden by the Legislature.” Andrews v. State, 50 Tenn. 165, 179–80 (1871)

 

"The right to keep arms, necessarily involves the right to purchase them, to keep them in a state of efficiency for use, and to purchase and provide ammunition suitable for such arms, and to keep them in repair. And clearly for this purpose, a man would have the right to carry them to and from his home, and no one could claim that the Legislature had the right to punish him for it, without violating this clause of the Constitution." Andrews v. State, 50 Tenn. 165, 181 (1871).

“The rifle has ever been the companion of the pioneer and, under God, his tutelary protector” District of Columbia et al. v. Heller, 554 U.S. 570, 609 (2008)

 

“The state may punish crimes carried out with a gun. But prohibiting the carrying of a gun, by itself, is not within the police power of the state…“it is to be remembered that the carrying of a gun per se constitutes no offence. For any lawful purpose--either of business or amusement-- the citizen is at perfect liberty to carry his gun. It is the wicked purpose--and the mischievous result--which essentially constitutes the crime.” State v. Huntly 25 N.C. 418 (1843)

"Bearing arms for the common defense may well be held to be a political right, or for the protection and maintenance of such rights, intended to be guaranteed; but the right to keep them, with all that is implied fairly as an incident to this right, is a private individual right, guaranteed to the citizen, not the soldier.” Andrews v. State, 50 Tenn. 165, 179–80 (1871)

“The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is, that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right, originally belonging to our forefathers…” Nunn v State quoted in District of Columbia et al. v. Heller, 554 U.S. 570, 612-13 (2008) as perfectly defining the operative clause of the 2^nd Amendment.

“In the colonial and revolutionary war era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same.” State v. Kessler,289 Ore. 359, 368, 614 P.2d 94, 98 (1980) (citing G. Neumann, Swords and Blades of the American Revolution 6–15, 252–254 (1973)) District of Columbia et al. v. Heller, 554 U.S. 570, 624-25 (2008)

There is no mention of rifles or shotguns in a list of prohibited “dangerous” weapons in the Codes or Public Chapters of Tennessee until 1989.  The predecessor to the re-write of the criminal codes that I can find is from TCA 1975:
39-6-1701. Carrying dangerous weapons. – (a) Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or other like form, shape or size, sword cane, ice pick, sling shot, blackjack, brass-knucks, spanish stiletto, or a fountain pen pistol or gun, or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor.

(b) Any person guilty of such offense shall be subject to presentment or indictment, and on conviction shall be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000), and imprisoned in the county jail, imprisonment only in the discretion of the court; provided, the defendant shall give good and sufficient security for all the costs, fine, and any jail fees that may accrue by virtue of his imprisonment. 

	

	McDonald v. City of Chicago (2010) incorporated the 2nd Amendment against the States under the due process clause of the 14th Amendment.

	

	New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843, 14 (U.S. Jun. 23, 2022) Held “the Second and Fourteenth Amendments protect an individual right to keep and bear arms for self-defense.”

 

“In keeping with Heller, we hold that when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation's historical tradition of firearm regulation.” New York State Rifle & Pistol Assn., Inc. v. Bruen, No. 20-843, 14 (U.S. Jun. 23, 2022)

Questions:

1. Are rifles and shotguns protected arms under the 2^nd Amendment?
2. Is the 2^nd Amendment a protected Civil Right due to McDonald v. City of Chicago?
3. Per Bruen, is Tennessee required to prove there is historical tradition of denying citizens the right to bear rifles and shotguns for self defense or defense of the state or to validate its prescriptions against carry for lawful purposes.
4. Is Tennessee is an outlier with respect to denying its citizens the ability to bear rifles and shotguns for lawful purposes? (see graphic map attached) Is 39-17-1308 unconstitutional?
5. Where can I find the predecessor code sections listed in TCA 39-6-1701 from 1975?

Edited November 13, 2023 by Worriedman

[DHF]

Just looking at the map feels like a hard slap across the face.  Instead of red they should use a darker blue or more appropriately, pink.

[DL126]

I have briefly discussed this with my Rep.
We didn't exactly see eye to eye.

I wound up telling him that if there was ever a reason for me to show up in his driveway open carrying a long gun, he'd be damn glad I was there with it.

ETA:
I also just sent him a pic of that map.
Thanks WM.

Edited November 10, 2023 by DL126

[Worriedman]

On 11/10/2023 at 7:08 AM, DL126 said:

I have briefly discussed this with my Rep.
We didn't exactly see eye to eye.

I wound up telling him that if there was ever a reason for me to show up in his driveway open carrying a long gun, he'd be damn glad I was there with it.

ETA:
I also just sent him a pic of that map.
Thanks WM.

Who is your Rep.?

[DL126]

On 11/15/2023 at 6:36 AM, Worriedman said:

Who is your Rep.?

Darby