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#3148533 - 02/01/13 06:33 PM Tennessee Supreme Court in Andrews v. State (1871)
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3964
Loc: Knoxville TN

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As the Tennessee Supreme Court in Andrews v. State (1871) explains, this "passage from Story, shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to, and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights."

http://www.guncite.com/court/state/50tn165.html
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#3148540 - 02/01/13 06:41 PM Re: Tennessee Supreme Court in Andrews v. State (1871) [Re: Stalkhunter]
TNDeerGuy
12 Point


Registered: 11/28/06
Posts: 6099
Loc: Old Hickory/Mt.Juliet, TN

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"4. Same. Same. Right to keep and use. The citizen has, at all times, the right to keep the arms of modern warfare, and to use them in such manner as they may be capable of being used, without annoyance and hurt to others, in order that he may be trained and efficient in their use.

5. Same. Same. Same. Regulations of. Arms of warfare. The right to keep arms of warfare can not be prohibited by the Legislature under the permissive clause of the Constitution of 1870, allowing the Legislature to regulate the "wearing" of arms. The use of such arms may be restricted as to manner, time or place, due regard being had to the right to keep and bear, for the constitutional purpose, but can not be prohibited."



Nice, very nice!
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#3148612 - 02/01/13 07:44 PM Re: Tennessee Supreme Court in Andrews v. State (1871) [Re: TNDeerGuy]
Stalkhunter
10 Point


Registered: 07/17/11
Posts: 3964
Loc: Knoxville TN

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great follow up
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#3149076 - 02/02/13 10:38 AM Re: Tennessee Supreme Court in Andrews v. State (1871) [Re: Stalkhunter]
worriedman
6 Point


Registered: 10/12/06
Posts: 978
Loc: Bells

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Salient points in the decision:

“The Tennessee Supreme Court has recognized that the General Assembly has the authority, under this section of the Constitution, to enact legislation to regulate the wearing and carrying of arms in public. Any such enactment, however, “must be guided by, and restrained to this end, and bear some well defined relation to the prevention of crime, or else it is unauthorized by this clause of the Constitution.”

"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."

"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."
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