Is Self Defense a Right in Tennessee?

[Worriedman]

I would suggest that if you are concerned with what is coming down from DC and The Biden Junta, you contact your elected employees about this issue:

The State of Tennessee treats self defense as a statutory issue instead of as a right guaranteed the citizen.  Proof of that is in the following A.G Opinion from  1996:    

 

                                  Tenn. Op. Atty. Gen. No. 96-079 (Tenn.A.G.), 1996 WL 205427

                                                                 

                                                                     Office of the Attorney General

                                                                           

                                                                             State of Tennessee

                                                                            

                                                                             Opinion No. 96-079

                                                                                   April 24, 1996

Self Defense

 

*1 Representative James L. Peach, Sr.

115 War Memorial Building

Nashville, Tennessee 37243-0174

 

QUESTIONS

 

(1) Does a citizen have a fundamental constitutional right under the United States or Tennessee Constitution to engage in self defense or is such right merely a statutory one?

 

(2) If a person does have a constitutional right to self defense, do the provisions of Tennessee Code Annotated, Section 39-17-1307, prohibiting a person from carrying a weapon with the intent to go armed, conflict with a person's right to carry a weapon for self protection?

 

OPINIONS

 

(1) The doctrine of self defense is statutory in Tennessee.

 

(2) The answer to question one (1) renders a response to question two (2) unnecessary.

ANALYSIS

 

1. No provision of the Tennessee or United States constitutions expressly mentions self defense. In Tennessee, it has been viewed as developing from the common law. The doctrine of self defense arose in England. The laws provided for punishment even when the defendant killed or injured someone in self defense. The King began the practice of pardoning these defendants. 2 F. Pollack and F. Maitland, The History of English Law 478-84 (1899). Eventually a series of statutes recognized self defense as an

excuse for breaches of the peace and even homicide. 2 Blackstone's Commentaries (1803). Tennessee, through North Carolina, adopted the common law of England. Dunn v. Palermo, 522 S.W.2d 679 (Tenn. 1975). The common law “prevails unless and until changed by statute.” State v. Alley, 594 S.W.2d 381, 382 (Tenn. 1980). Tennessee statutes establish the defense of self defense. Tenn. Code Ann. § 39-11-611. The Tennessee Sentencing Commission Comments appearing after the statute state that “this section codifies much of the common law doctrine of self defense.” It is the opinion of this Office that in Tennessee the law of self defense is statutory. It is not a constitutional right under the Tennessee Constitution.

 

(2) The answer to question one (1) renders a response to question two (2) unnecessary.

 

Charles W. Burson

Attorney General & Reporter

Michael E. Moore

Per the following Court rulings:
“This may be considered as the true palladium of liberty .... The right to self defence is the first law of nature: in most governments it has been the study of rulers to confine the right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any colour or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” District of Columbia et al. v. Heller, 554 U.S. 570, 606 (2008)

“[T]he right to keep arms involves, necessarily, the right to use such arms for all the ordinary purposes, and in all the ordinary modes usual in the country, and to which arms are adapted, limited by the duties of a good citizen in times of peace.” Andrews, 50 Tenn., at 178 District of Columbia et al. v. Heller, 554 U.S. 570, 614 (2008)

 

“In the colonial and revolutionary war era, [small-arms] weapons used by militiamen and weapons used in defense of person and home were one and the same.” State v. Kessler,289 Ore. 359, 368, 614 P.2d 94, 98 (1980) (citing G. Neumann, Swords and Blades of the American Revolution 6–15, 252–254 (1973)) District of Columbia et al. v. Heller, 554 U.S. 570, 624-25 (2008)

 

At the time of the founding, as now, to “bear” meant to “carry.” When used with “arms,” however, the term has a meaning that refers to carrying for a particular purpose—confrontation. In Muscarello v. United States,524 U.S. 125, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998), in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, Justice GINSBURG wrote that “s 

Edited November 11, 2023 by Worriedman

[Frog4aday]

I read all that but I'm still unclear on the right of self defense being "statutory". I looked up that word and got this: "Enacted, regulated, or authorized by statute."

Does that mean the state can legislate if you are allowed to defend yourself or not? Let's just say the state says, "No, you can't legally defend yourself."

How do they reconcile that position with the statement in the U.S. Declaration of Independence that says we have the right to, "Life, Liberty and the pursuit of Happiness". These are the unalienable rights which the Declaration says have been given to all humans by their Creator, and which governments are created to protect.

I'm confused. I have the right to life. If I have to defend myself to preserve my life, I cannot be guilty of a crime. I'm merely assuring the rights my Creator bestowed upon me remain intact...right? Please bring some clarity to this if you can. Thanks.

[leroy]

This is the problem with the Tennessee State Constitution:

"...  .

Article 1 (.I think.), Section 26.

Section 26

	Text of 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.

..".

It's a post Civil War Reconstructionist addition... It's clearly unconstitutional.  It will not be fixed until it's challenged in court.  

leroy . 

Edited November 11, 2023 by leroy

[Worriedman]

2 hours ago, leroy said:

This is the problem with the Tennessee State Constitution:

"...  .

Article 1 (.I think.), Section 26.

Section 26

	Text of 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.

..".

It's a post Civil War Reconstructionist addition... It's clearly unconstitutional.  It will not be fixed until it's challenged in court.  

leroy . 

Rep Jay Reedy has a Constitutional Amendment up for consideration in the next two sessions:

HOUSE JOINT RESOLUTION 38 By Reedy
HJR0038 001154 - 1 - A RESOLUTION to propose an amendment to Article I, Section 26 of the Constitution of Tennessee, relative to the right to keep and bear arms. BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRTEENTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that a majority of all the members of each house concurring, as shown by the yeas and nays entered on their journals, that it is proposed that Article I, Section 26, of the Constitution of Tennessee be amended by deleting the following language:

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. and substituting instead the following:

That the citizens of this State have a right to keep and to bear arms for their defense.

BE IT FURTHER RESOLVED, that the foregoing be referred to the One Hundred Fourteenth General Assembly and that this resolution proposing such amendment be published in accordance with Article XI, Section 3 of the Constitution of Tennessee by posting such amendment on the official website of the Secretary of State and on the official website of the General Assembly.

BE IT FURTHER RESOLVED, that the Clerk of the House of Representatives is directed to deliver copies of this resolution to the Secretary of State, with this final resolving clause being deleted from such copies.

Make sure your Hose Members and Senators sign on and push for this, it will cure a lot of ills in Tennessee.