The Tennessee Attorney General has issued on May 6, 2021, a rare opinion that addresses the issue of what is the militia in Tennessee, as that term is used in the State Constitution, and various questions concerning its existence, scope of powers and function. Although the full opinion addresses a number of different questions, the first three questions and brief responses suggest that the opinion and its full analysis is worth study.
The first 3 questions and the brief responses are as follows:
QUESTION 1 Is the Tennessee State Guard a militia, as contemplated by the Constitution of Tennessee, or is it part of the Army of this State, similar to the National Guard?
AG Opinion 21-05
OPINION 1 The Tennessee State Guard, like the Tennessee National Guard, is a militia under the Constitution of Tennessee.
QUESTION 2 Is a militia currently authorized under the laws of this State to deploy and defend persons or property during a civil disorder or riot, a declared civil emergency, or a curfew?
OPINION 2 While Tennessee Code Ann. § 58-1-301 provides that the governor may call the militia into service at any time that “public safety” requires it, that law does not appear to comport with article III, section 5 of the Tennessee Constitution.
QUESTION 3 Using the definition of “militia” as a group of private citizens who are armed and trained for military service apart from the regular armed forces, does the Constitution of Tennessee prohibit Tennessee residents from organizing into local or regional militias?
OPINION 3 Yes. The Constitution of Tennessee prohibits a group of private citizens who are armed and trained for military service apart from the regular armed forces from organizing into local or regional militias.
It may come as a surprise to a lot of Tennessee’s gun owners and some of its firearms instructors who teach particular types of courses that according to the present Attorney General that they may well be engaged in criminal conduct if 2 or more of them are practicing skills or tactics that might be considered “military” in nature.
You can see a list of all Tennessee Attorney General Opinions that TFA has tracked on this page.
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