Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-04-09
Executive Comm lite
MEMPHIS, April 8, 1879.
DEADLY W SsAE4sN&.
The Laws OF Tennessee with Reference
to Selling and Carrying E5endIy or
Concealed az eapODs-sVeapORs
Carried Consi5tutfOnaEIy
and CtHeTWise.
W. T. BOGGS.
Z. W. HEI5kELL,
". j. SMITH,
Executive COMMITTEES

An APPEAL commissioner, who never car
RES a knife or pistol Of 2 dangerous charaC-
ter, on yesterday hunted up the Law OF the
STATE on the subject OF carrying concealed
AID deadly weapons, In ali cases Of TINS
character the custom has been IL Memphis to
line the knife o. pistol toter and bind him
over to the crIalIca! court. When Indicted
by the criminal c0U.t grand jury and when
the case Is either submitted o. tried Inc re-
suit is to fine the ofttuder, ana this fu5 Is
usually RENTED ca payment Of costs. The
imprisonment penalty has never been imposed
back, ana that Das been some ten years. by
letting the line and costs 20, and enforcing
the imprisonment penalty, the criminal court
can, In d grea5 measure, stop The peUEloious
hablt Of knife and pistol tOting, bat not Until
then. The fine ana the costs, which go to
the county officers, is d secondary consldera-
ton In the pubic mind or to the pubic vel
fare. The laws of the State are rs fellows {:
CONCEALED WEAPONS.
The statutes of Tennessee (lS7I), by
Thompson ~ Steger, &C the aabject OF carry
ing concealed weapons IL Tennessee Is very
plain.
The carrying, concealed, of a bogie-knIfe. Arkan-
saS toothpic or other knife OF like shape, is mis-
demeanOr punishable by line OF not less than tYgo
hundred nor more than i've hundred dollars, and
imprisonment III the county Iai not less than three
nor more than six months.
The Constitution of Tennessee, article l, section
30 provides that citizens sUal have the right to
bear arms for their common defense, but this con
stttutional provision only applies TO such weapons
as are usually employed IN civilized warfare.
1t Is a miSdemeanOF to sell, offer 10 sell, or give
away. such knife as described above: penalty: ne
the county jail from one 10 SIX months.
To draw, OF attempt to draw, such knife from
person, for the purpose OF cutting inumidatng
another person, is punishable by Imprisonment in
the penitentaTy at tIOm three to five years.
The fact that such weapon drawn in self-de
tense is justification TO an Indictment under above
section
The stabbing or cutting of a person with any such
knife, where death Goes not ensue, is punishable by
imprisonment 10 pententdiy at from three to fifteen
No one shall ride or % armed with 4 dirk, large
knife pistol or other dangerous weapon 10 the fear
terror of any person.
No person shall either publicly or privately carry
dirk, sword-cane, Spanish stllettJ, belt pocket
pistol, except on journey to place out OF his
county or State. Ali such OhenseS are punishable
by fine at from ten to fifty dollars and impTsOu-
ment at the discretion of the court from thirty days
to six months and shall give bond 10 keepthe peace
for six months after such conviction.
An officer or policeman while In the bOHa1ids dis
charge of his duty or while searching for III the dT
rest of criminals or those aiding such officers Of the
law, any person on OurGef out of tleiT county
or State is not liable to the penalty provided Tor in
weapons.
At the supreme court held t Knoxville
September, 1870. II the case Of james Au-
drews as. The State, and II ether c0nsolj-
dated cases taken up irom the circuit court
.of Gibson county, Tennessee, Judge Free
man announced the opinion Of the court,
and
Held that 1t was lawful for a citizen OF Tennessee
to keep and carry rife OF all descriptions, Shot
gun muSket and repeater, and under the cOn5iitu-
ton the right keep such arms be itriAged
forbidden by the Legislature; but the Legislature
has the power to regulate the wearing OF arms with
view 10 prevent crime The legislature las not done
this and the U1 such weapons as are used IL war
with view TO prevent crime, OeieGSe OF IeTS9u when
in actual peril, tie end being lawful one. ought
rot to subject person to punishment, 14t the es.s-
iature may in the future enact law with reference
TO wearing weapons cOnstitutionaliy
T1e weapons allowed TO be worn and car.
RED are ride, shotgun, and repeater, army
or navy size, used n warfare, but subject to
such provisions as the legislature may enact.
To carry them concealed Is, no doubt, IN
offense under the l'T Of the State, and 10
carry such openly Is legal and constitutional.