TN Constitionality of Banning Long Gun Carry

[Guest 270win]

I have been unable to find out how it is legal for the state legislature in Tennessee to generally ban the carrying of loaded long guns based on the fact that the Tennessee right to bear arms clause is worded the same as the Texas right to bear arms clause of that state's constitution. Texas had a case in the early 1900's that went to a fairly high court that basically stated that the carrying of a long gun cannot be banned under the Texas Constitution b/c a long gun cannot be 'worn', unlike a handgun, which the Texas Constitution states that the legislature can regulate.

“Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.†Texas Constitution.

“[t]hat the citizens of this State have a right to keep and 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.†TN Constitution

Has anyone challenged the constitutionality of the TN legislature banning the carry of long guns like in Texas? It would seem to me that the TN legislature basically banning loaded long gun carry is in contrary to the TN Constitution, because our Constitution is worded like the Texas Constitution, and long guns cannot be 'worn'.

Any ideas?

[Guest GregRN]

I would be willing to put a few dollars in the defense fund (Maybe, I could scrape up $50. I still haven't caught up from my $925 renewal of HCP in court.).

The only other way I would know to find out, would be to have someone request an opinion from the AG. That would be a lot cheaper and less hassle. However, I don't know anyone, personally, that would be able to request that opinion.

I really don't believe any of the firearm laws in the country are constitutional. However, I don't have the ability to test them. Nor do I think that the people who mattered would agree with me on a large enough scale to prove my point.

[Smith]

Of course it's not constitutional to ban them. Neither is any other regulation of guns, but that is the "living" constitution we have allowed to guide our laws. It'll just give you a brain cramp trying to figure out why some rights apply and others don't. Plus we have so many other more important battles to fight with "gun control" right now any way.

[Marswolf]

I'll have to examine this more. This might get added to the list I ask Ron Ramsey to check on with the AG.

Can anyone give me more details about the Texas case? I need to make sure my ducks are in a row before asking for the opinion.

Duplicate topic.

See http://www.tngunowners.com/forums/showthread.php?t=2879

[Mike.357]

I was not even aware that I can't carry a long gun. I guess I don't need to worry about how to best conceal the Mosin Nagant anymore.

[saintsfanbrian]

Unless you plan on walking around with your mosin, AK, AR, Shotgun, deer rifle, what ever in your hands all of the time sooner or later you are going to sling it over your shoulder and then it is being "worn" like a woman wears a purse.

to regulate the wearing of arms with a view to prevent crime.

This is how they get around allowing you to "carry" a rifle to defend yourself.