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The Tennessee Conservative [By David Seal] –
Tennessee law speaks out of both sides of its mouth when it comes to guns and self-defense.
On one extreme, Tennessee enacted a “constitutional carry” law that purportedly enables citizens to go armed without a permit or other government infringement, a law which critics argue has more holes than Aunt Polly’s screen door.
On the other hand, a statute from the 1800’s remains on the books in Tennessee making it unlawful to possess a weapon with the intent to go armed.
Concealed Carry Permit holders that paid to attend 8 hours of training, including range qualification, to obtain a permit to carry a handgun would argue that they fully intend to go armed.
So where does the law fall between these two extremes and who decides on selective enforcement of the conflicting statutes?
The Tennessee Firearms Association (TFA) is recommending a simple solution, repeal the antiquated law that jeopardizes the God-given rights of Tennesseans to exercise their right to self-defense.
For this Article, TFA issued the following statement.
“TCA 39-17-1307 (a)(1) is a Jim Crow Law from 1870 which was used to deny freed slaves the ability to bear arms for their self-defense against the KKK, and now to deny 2nd Amendment rights to all Tennesseans. It is a stain on the state of Tennessee and must be repealed in light of Bruen, whose text and historical tradition qualifiers demand its removal.
TCA 39-17-1307. Unlawful carrying or possession of a weapon. (a) (1) A person commits an offense who carries, with the intent to go armed, a firearm or a club.
In 1871 the Tennessee Supreme Court found, (as quoted by Scalia in Heller) In Andrews v. State, the Tennessee Supreme Court likewise held that a statute that forbade openly carrying a pistol “publicly or privately, without regard to time or place, or circumstances,” 50 Tenn., at 187 (1871), violated the state constitutional provision (which the court equated with the Second Amendment). That was so even though the statute did not restrict the carrying of long guns.” – District of Columbia et al. v. Heller, 554 U.S. 570, 629 (2008)
The Tennessee AG’s office holds on to this antiquated, judicially refuted abrogation of the 2nd Amendment right in its response to Hughes et al. v. Lee et al., the Republican Supermajority supports this theft of a natural right because they love power, backed by the governor and the state AG.
Do not be deceived, in the last 5 years there have been 3 different attempts by good legislators to remove this yoke of tyranny, but the collective, bolstered by Leadership has fought it every time.” – said C. Richard Archie, West Tennessee Director, Board Member
Tennessee Firearms Association
The Tennessee Conservative News will follow this issue and report on proposed legislation as information becomes available.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
