Germantown seeks to limit guns in parks

[Guest Seminole]

More hysteria about the possibility of people with HCPs carrying in local and municipal parks. Mind you, this is not in liberal, Democrat-dominated Memphis, but in more conservative and Republican-oriented Germantown.

Germantown seeks to limit guns in parks

By Lela Garlington (Contact), Memphis Commercial Appeal

Tuesday, March 10, 2009

The prospect of citizens carrying guns in Germantown parks and restaurants drew about a dozen residents Monday night to the suburb's Municipal Center.

Most were upset that the Germantown Board of Mayor and Aldermen had taken a neutral stand regarding legislation in Nashville that would allow handguns in parks and in restaurants that serve alcohol.

A few residents spoke in favor of carrying guns in public places, especially the city's paved recreational trail along the Wolf River.

Before residents took to the microphone during the "Citizens to be Heard" session, Alderman Carole Hinely made a preemptive strike.

She made a motion that the board support two legisbills that include amendments allowing cities the option to prohibit firearms in parks and recreational trails.

Alderman Mark Billingsley seconded it. He said he favors some handgun rights such as judges being allowed to have handguns. The motion passed 5-0.

The aldermen also voted 4-1 to approve on the second of three readings an ordinance giving them, not the mayor, the power to appoint chairmen of city boards and commissions.

Elizabeth Boyd, chairman of the Board of Zoning Appeals, asked the board to set aside the ordinance.

"Let it go. You guys need to work together," she pleaded.

Alderman Mike Palazzolo cast the lone "no" vote.

[Guest justme]

More hysteria about the possibility of people with HCPs carrying in local and municipal parks. Mind you, this is not in liberal, Democrat-dominated Memphis, but in more conservative and Republican-oriented Germantown.

And what of state preemption? The actions Germantown is proposing will be against state law. Cities do not have the authority to enact gun control legislation that is more restrictive that state law...

This will just set Germantown up to be sued...

[waynesan]

She made a motion that the board support two legisbills that include amendments allowing cities the option to prohibit firearms in parks and recreational trails.

And what of state preemption? The actions Germantown is proposing will be against state law. Cities do not have the authority to enact gun control legislation that is more restrictive that state law...

HB0960 which will be voted on tomorrow 3/11/09 in the House Judiciary Committee was passed out of the subcommittee with an amendment to allow "local" parks (not state or federal) to opt in or out of allowing HCP holders to carry in the parks. You can click on this link: http://tnga.granicus.com/MediaPlayer.php?view_id=78&clip_id=448

and see the discussion that took place on 3/4/09 on this bill. Click on HB0960 in the menu under the video screen and go straight to the discussion on this bill.

[Fallguy]

And what of state preemption? The actions Germantown is proposing will be against state law. Cities do not have the authority to enact gun control legislation that is more restrictive that state law...

This will just set Germantown up to be sued...

What they passed was just supporting the two bills....

Also as waynesan said, the bill as amended specifially allows cities and counties to decided what parks are off limits.

So neither what the did do, or what they may do (if the bill passes) has anything to do with the state preemption in 39-17-1314

[Guest 270win]

It is not a great bill to allow cities to either properly post parks or somehow make them illegal. Go to the Memphis Zoo area and you'll want a gun! What is the difference between a local or state park? I'd be more afraid of Overton Park in Memphis that a state park.

It is still my opinion, maybe not the AG's, that if you are not carrying a switchblade or other 'prohibited' weapon that you are not breaking a law, UNLESS the park is properly posted. I'm not going to write a letter to Germantown and let them know my opinion and say "Hey guys...by the way cover yourself with these signs". This gun stuff will blow over in time and life will go on as normal. People wet in their pants when these changes happened a few years ago in Arkansas and now no one thinks about it. The avg Joe has no idea what the firearm laws are and sadly most police don't either. That is why i firmly believe in concealing and let sleeping dogs lie.

[Fallguy]

I personally don't like carry being prohibited in local parks either. But it is against the law now (despite razorback and mine opinion). The bill was not going to pass with the state lifiting the ban on local park carry, it didn't even have the support of the sponsor on that issue. At least this way, if I understand it correctly (still have seen the wording of the amendment) carry will be allowed by state law in local parks, but local goverments can prohibit and to do so they MUST post signs. Larger cities may post signs if they feel the need to prohibit carry, but many smaller cities may not see it worth the effort. Also...if City X does ban carry in Park A...you only have to try and change the mind of the few people on your city council to allow carry instead of the entire state legislature.

Again...it's not perfect, but I think it's better then no carry at all across the board.

[Guest db99wj]

It is not a great bill to allow cities to either properly post parks or somehow make them illegal. Go to the Memphis Zoo area and you'll want a gun! What is the difference between a local or state park? I'd be more afraid of Overton Park in Memphis that a state park.

It is still my opinion, maybe not the AG's, that if you are not carrying a switchblade or other 'prohibited' weapon that you are not breaking a law, UNLESS the park is properly posted. I'm not going to write a letter to Germantown and let them know my opinion and say "Hey guys...by the way cover yourself with these signs". This gun stuff will blow over in time and life will go on as normal. People wet in their pants when these changes happened a few years ago in Arkansas and now no one thinks about it. The avg Joe has no idea what the firearm laws are and sadly most police don't either. That is why i firmly believe in concealing and let sleeping dogs lie.

A word on Overton Park, I wouldn't be caught dead without a gun in that park, unfortunately the Zoo is part of the park. I understand the Zoo is a very nice zoo.....not that I know or anything like that...