Carry in city parks

[gearyr]

I have what they now call the Enhanced Handgun carry permit. Can you carry in city parks? I'm talking about Drake Creeks Park in Hendersonville, TN  and the 2 city parks in Gallatin, TN. I can't find any information on that. Thanks

[RED333]

I do not have the answer, but the bad guys will not care, concealed means concealed.

[Defender]

I believe you can now carry there unless school is there for some reason.

[chances R]

one may carry with either the CCP or the ECP in any park, county, city, state or national.  If a school is having an event at the park, then one must leave, or store your handgun in your vehicle, locked and out of sight.

[docachna]

Some Nashville suburbs are apparently unaware of that change. They have local ordinances banning any firearm carry in city parks, regardless of license. Can you cite me to a provision of the statute that supports that ?

[Defender]

2 hours ago, docachna said:

Some Nashville suburbs are apparently unaware of that change. They have local ordinances banning any firearm carry in city parks, regardless of license. Can you cite me to a provision of the statute that supports that ?

I'm sure someone can, but I do remember when they passed the bill to allow it, there was a provision that no new signage was required to be posted, due to monetary issues in that.  But yes, that sure left things very murky for gun owners, the public, and heck, even many LEOs don't keep up with our arcane and convoluted gun laws.  Juat scrap the laws that make it a crime to be constitutionally armed. that'd fix a LOT of issues.

[chances R]

TCA 39-17-1311(H)(i)

Edited May 2, 2023 by chances R

[Grayfox54]

When the state law was passed it contained a provision for cities to pass a local ban against carry in parks. In Memphis you can NOT carry in any city park even with a permit. 

In my town, Bartlett, you can carry in parks except if a school function is taking place. 

It varies from city to city. You need to check local laws. 

[chances R]

1 hour ago, Grayfox54 said:

When the state law was passed it contained a provision for cities to pass a local ban against carry in parks. In Memphis you can NOT carry in any city park even with a permit. 

In my town, Bartlett, you can carry in parks except if a school function is taking place. 

It varies from city to city. You need to check local laws. 

Not entirely correct.  Carry laws are the sole responsibility of the State. (TCA 39-12-1314 ) The change you refer to has to do with a lawsuit Knoxville filed.  To circumvent the suit, if the City wants to prohibit carry these procedures are noted by law to be legal TCA 39-17-1359(g)(1).  These laws  were  to prevent a patchwork of varying laws across the state.  Memphis has to follow this as well.  As noted previously, school functions take precedence in public parks across the state

Edited May 2, 2023 by chances R

[billyblazes]

On 5/2/2023 at 1:36 PM, chances R said:

Not entirely correct.  Carry laws are the sole responsibility of the State. (TCA 39-12-1314 ) The change you refer to has to do with a lawsuit Knoxville filed.  To circumvent the suit, if the City wants to prohibit carry these procedures are noted by law to be legal TCA 39-17-1359(g)(1).  These laws  were  to prevent a patchwork of varying laws across the state.  Memphis has to follow this as well.  As noted previously, school functions take precedence in public parks across the state

Great information.  I'm happy to learn the State holds preemption in this area to prevent the patchwork of local laws.  I did not think that was the case.  I was under the false impression local municipalities could implement a wide array of their own ordinances as they pleased in this regard.

If only this same preemption applied to the use of the firearms, specifically one State law with regards to recreational discharge of firearms.  No more checking with local LEO's, who as often as not misapply a statute, as to whether discharge is legal or not in a particular location.

[et45]

On 5/2/2023 at 12:29 PM, Grayfox54 said:

When the state law was passed it contained a provision for cities to pass a local ban against carry in parks. In Memphis you can NOT carry in any city park even with a permit. 

In my town, Bartlett, you can carry in parks except if a school function is taking place. 

It varies from city to city. You need to check local laws. 

Chattanooga placed signs prohibiting carry at Bragg Reservation on Missionary Ridge.The problem with that was Bragg Reservation is NPS land on which you can carry with a permit.

[m16ty]

On 5/2/2023 at 12:36 PM, chances R said:

Not entirely correct.  Carry laws are the sole responsibility of the State. (TCA 39-12-1314 ) The change you refer to has to do with a lawsuit Knoxville filed.  To circumvent the suit, if the City wants to prohibit carry these procedures are noted by law to be legal TCA 39-17-1359(g)(1).  These laws  were  to prevent a patchwork of varying laws across the state.  Memphis has to follow this as well.  As noted previously, school functions take precedence in public parks across the state

Yes, but that still doesn't mean you won't get charged and prosecuted in Memphis. The problem lies with the fact that liberal police departments and DAs pretty much do what they want, regardless of what State law says, and nobody has the backbone on the state level to make them behave.

[JonDaniels]

If Tennessee is a pre-emption state, then, I would think the state law would overshadow the local rules and ordinances.  What stops a city from instituting its own "Assault Weapon Ban" or any other ban if they ban guns in this place and that place?   

Wouldn't T.C.A. § 39-17-1311 settle this?

https://www.mtas.tennessee.edu/reference/weapons-public-parks

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-04.pdf

[peejman]

15 hours ago, JonDaniels said:

If Tennessee is a pre-emption state, then, I would think the state law would overshadow the local rules and ordinances.  What stops a city from instituting its own "Assault Weapon Ban" or any other ban if they ban guns in this place and that place?   

Wouldn't T.C.A. § 39-17-1311 settle this?

https://www.mtas.tennessee.edu/reference/weapons-public-parks

https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2018/op18-04.pdf

The city's legal counsel telling them how much the lawsuit will cost and their chances of winning it.  The laws are a hodge podge and most haven't been openly challenged or addressed in court, so we really don't know what it will look like if/when that happens. 

[Nicemac]

On 6/7/2023 at 9:32 AM, peejman said:

The city's legal counsel telling them how much the lawsuit will cost and their chances of winning it.  The laws are a hodge podge and most haven't been openly challenged or addressed in court, so we really don't know what it will look like if/when that happens. 

Doesn't stay law trump local ordinances?

[peejman]

53 minutes ago, Nicemac said:

Doesn't stay law trump local ordinances?

I believe state law says that, yes.  But that's the point, what the law says isn't worth much until it gets argued over in court and decided on by a judge. Laws are one thing, legal precedent providing interpretation of that law is something different.  It's far more complex and gray than it should be. 

[crc4]

37 minutes ago, peejman said:

I believe state law says that, yes.  But that's the point, what the law says isn't worth much until it gets argued over in court and decided on by a judge. Laws are one thing, legal precedent providing interpretation of that law is something different.  It's far more complex and gray than it should be. 

You are absolutely correct. Statute laws mean almost nothing until a judge(s) gives an interpretation of that statute, then that decision becomes case law. It goes through the process of trial judges, Court of Appeals judges, then the State Supreme Court judges.

[UKCat1]

I love how small the Sig P365 is.

People with the intent to harm others do not care about city ordinances.

[chances R]

Most all of these questions start with the DA. It is his initial opinion that counts.

Edited October 6, 2023 by chances R