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To: kwikrnu
It appears to me that the brief, although it mentions McDonald, fails to consider that McDonald did not address the BEARING of arms, but rather the keeping of arms in the home.

It seems unlikely to me that the right to defend one's life or the lives of one's family members disappears outside the home. The Tennessee statute appears to have an exception which permits the carrying of an UNLOADED firearm. An "unloaded and unconcealed rifle", which is allowed by the statute, is, in fact, a CLUB, which is explicitly disallowed.

I'd be pretty confident that the purpose of these laws was to disarm freed blacks at the end of the civil war. Now they are being used to disarm everybody the government decides should be disarmed.

8 posted on 11/04/2010 7:09:42 PM PDT by William Tell
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To: William Tell

What really got me was the Tennessee Attorney General seems to be misquoting from Andrews v State when he said the state can prohibit the wearing of arms.
In fact, in Heller the majority said, “Few laws in the history of our Nation have come close to
the severe restriction of the District’s handgun ban. And
some of those few have been struck down. In Nunn v.
State, the Georgia Supreme Court struck down a prohibition
on carrying pistols openly (even though it upheld a
prohibition on carrying concealed weapons). See 1 Ga., at
251. 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, violated the
state constitutional provision (which the court equated
with the Second Amendment).”


10 posted on 11/04/2010 7:27:40 PM PDT by kwikrnu
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