Day v. State, 37 Tenn. (5 Sneed) 496 (1858), the Tennessee Supreme Court prohibited the use of bowie knives, Arkansas tooth-picks, and "any knife or weapon that shall in form, shape, or size resemble a bowie or Arkansas tooth-pick" carried in concealment for "sticking, cutting, awing, or intimidating any other person,", on the basis of the act of 1838, ch. 137, section 3. This precedent is cited in support of gun control statutes, but the Second Amendment does not protect a right to keep and bear bowie knives, and this was not a decision of the U.S. Supreme Court.
The defendant, Richard Day, was involved in a dispute with Sterling T. Bacon at Bacon's home, when Bacon ordered Day to leave. Day told Bacon not to rush him, and drew a large knife from his vest. Although Day claimed he was acting in self-defense, and had no intent of harming Bacon, he was convicted of felony and sentenced to prison for three years for attempting to stick, cut, awe, or intimidate Bacon with his knife.
The court held that under the act of 1838, ch. 137, sec. 3, it was a "high misdemeanor, punishable by fine and imprisonment, for any one to sell, offer to sell, or give away, or bring into this State for that purpose, these deadly instruments", or to carry them in concealment. The opinion states, "The possession and drawing of a bowie-knife in this case, is not denied; but the defense is, that it was drawn for self-preservation, and therefore, not maliciously, as required by the act, to constitute the offense." The court also held that the legislature could not have been meant to deprive the defendant of the right to defend himself, but to eliminate "great evil".
The Court concluded:
Categories: [State Court Cases] [Second Amendment]