Have you read the Constitution of the State of Tennessee?

[Guest IamNasa]

A friend made me sit down and read it the other day while we were debating some things, and I was struck by something odd.  If you follow the exact wording of Article 1 section 26, a lot of Tennessee gun laws are unconstitutional.

 

Section 26. 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.

 

If I am reading it correctly, they only thing they can legislate is the WEARING of arms.

Would this mean that all the laws on transporting a firearm that you are not wearing are unconstitutional?

Just curious on what other peoples thoughts might be on this.

[Oh Shoot]

.....

Would this mean that all the laws on transporting a firearm that you are not wearing are unconstitutional?

 

Of course. Even 39-17-1307 states that "a person commits an offense who carries with the intent to go armed a firearm". One would logically assume that is really intended to mean "on the person".

 

So is the carry permit process, since the state cannot empirically show that it reduces crime. It could be logically argued that it creates crime, since it makes a criminal out of the any of the other 95% of Tennesseans who might need to carry a firearm even once to protect themselves from a known and imminent threat.

 

- OS

Edited March 17, 2013 by Oh Shoot

[Earl33]

All TCA codes are written to protect the keeper of said codes (law enforcement) while maintaining what most believe are their rights without seeming bias.. So meaning, you can go to jail, pay money to get out  and clog up the system for what you thought was your right..

[Guest IamNasa]

Well it took a while (30 sec. to search the net and 2hrs to drag my brain thru the legal mumbo jumbo ), but here is a link to two of the major Tennessee Supreme Court decisions.

 

http://www.constitution.org/2ll/bardwell/andrews_v_state.txt

 

this one is pre 1870 before the change to the state constitution.

 

http://www.constitution.org/2ll/bardwell/aymette_v_state.txt

 

and one on illegal gun confiscation, it's happed before here in Tennessee, by order of the Governor, turns out the cop ( or whatever he was, was liable).

 

http://www.constitution.org/2ll/bardwell/smith_v_ishenhour.txt

 

 

in case your wonder where I got it and more

 

http://www.constitution.org/2ll/bardwell/state_cases.html

Edited March 17, 2013 by IamNasa

[gun sane]

I learned a long time ago that it's not safe to trust the opinion of non-lawyers in judicial matters.  Just ask any cop.  :ignore:

[Guest IamNasa]

I learned a long time ago that it's not safe to trust the opinion of non-lawyers in judicial matters.  Just ask any cop.  :ignore:

 

the case law explains the courts version of wearing better

[gun sane]

I should amend my little tongue-in-cheek post by saying that even our supreme court judges don't agree on what the constitution says.

[Worriedman]

I learned a long time ago that it's not safe to trust the opinion of non-lawyers in judicial matters.  Just ask any cop.  :ignore:

 

And if you follow this line of reasoning, according to one celebrated TN lawyer, the Supremacy Clause of the Constitution of the Union supersedes the Bill of Rights, therefore the 1st and 2nd Amendments, why actually all of them, are null and void.

[runco]

I found the Tennessee constitution interesting when I read it a few months ago, that is why the link is in my posts, the fine print portion.

[JayC]

Yes, but courts have used some strange logic to rule the vast majority of these laws constitutional over the years.

 

But, I still believe our best bet for good case law would be to target a state law that can in no way shape or form be considered to fall under the wearing exception...  TICS - yes I know I'm beating a dead horse.

 

But, if any TN gun law is unconstitutional it's TICS, which only impacts the purchasing of firearms which is clearly not authorized under the TN constitution.

 

A friend made me sit down and read it the other day while we were debating some things, and I was struck by something odd.  If you follow the exact wording of Article 1 section 26, a lot of Tennessee gun laws are unconstitutional.

 

Section 26. 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.

 

If I am reading it correctly, they only thing they can legislate is the WEARING of arms.

Would this mean that all the laws on transporting a firearm that you are not wearing are unconstitutional?

Just curious on what other peoples thoughts might be on this.

 

[RED333]

As far as the Bill of Rights, God gave us the right to self defence.

No man can take that from us, but they did.

Sad country we live in.