Tennessee Firearm Ruling- 1871

[ukerduker]

I stumbled upon this excerpt in a book I'm reading and I wondered if any of you legal-beagles know if it's genuine? Has the TN Supreme Court ruling been updated or re-issued since 1871?

"The rifle of all descriptions, the shot gun, the musket and repeater are such arms; and

that under the Constitution the right to keep and bear arms cannot be infringed or

forbidden by the legislature."

-ANDREWS V. STATE; 50 TENN. 165, 179, 8 AM. REP. 8, 14 (TENNESSEE SUPREME COURT,1871)

If this is genuine, how might this effect or support the Firearm Freedom Act passed a while back?

Edited October 7, 2010 by ukerduker

[Guest 270win]

I think if you read the TN State Constitution you will read that the legislature may regulate the 'wearing of arms'. Now what I am surprised about is that the Tennessee legislature has gotten away with the past (according to my reading) twenty years of regulating the carrying of long guns. You cannot 'wear' a long gun. I almost think that it is unconstitutional. Texas state constitution is almost exact wording and Texas had a court ruling around 1900 that the legislature could not outlaw the carrying of long guns but could regulate the carrying of handguns, just like Tennessee has done.

Tennessee:

“That the citizens of this State have a right to keep and to 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.â€

Texas:

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. Art. I, § 23 (enacted 1876).

The two are exactly the same. I don't see how people can challenge the legislature regulating long guns (you can't wear them) is unconstitutional.

[Chief07]

Interesting. I have to read up on court cases. Funny how our freedoms shrink over time.

[Garufa]

Very interesting indeed.

If you carry a long gun using a sling, is that "wearing"?

[loadedp3at]

maybe with the new Rossi Mare's leg we will have something we can wear.