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Andrews v. State

50 Tenn. 165 (1871)

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Andrews v. State

Tennessee Supreme Court

50 Tenn. 165 (1871)

Facts

Andrews and others (defendants) were indicted for violation of a Tennessee law that forbade the public or private carry of pocket pistols and revolvers. The indictments did not specify the type of pistol that each was alleged to have carried. Andrew and the others moved to quash the indictments and challenged the statute on federal and state constitutional grounds. Both the United States and the Tennessee constitutions contained a right to keep and bear arms, and both stressed the importance of a well-regulated militia to the defense of liberty. However, the Tennessee constitution included a clause that gave the state legislature the power to regulate the wearing of arms for the purpose of crime prevention. The cases were appealed to the Tennessee Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Freeman, J.)

Concurrence (Nelson, J.)

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