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The House passed this? Help me understand


Guest trigem

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Guest trigem
Posted

Bill Summary

*HB 0960 by *Tindell, McCord, Todd, Jones U, Evans, Fincher, Watson, Weaver, Dennis, Halford, Shipley, Rich, Hensley, Hawk, Lollar, Faulkner, Brooks H, Campfield, Niceley, Hill, Carr, Cobb J. (SB 1518 by *Beavers, Burchett, Jackson.)

Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in local, state, or federal parks. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

Fiscal Summary

(CORRECTED) Increase State Expenditures - $38,200/One-Time Increase Local Expenditures - Exceeds $50,000/One-Time*

Bill Summary

Under present law, it is unlawful for any person to possess a weapon on the grounds of a public park. Present law exempts certain law enforcement and military personnel and hunters from the prohibition against carrying a weapon in a public park.

Present law authorizes state and local governmental entities to prohibit the possession of firearms on property owned, operated, or managed or under the control of the governmental entity by posting notice.

This bill authorizes a person with a Tennessee handgun carry permit to possess a handgun while within the boundaries of any park located in this state. Similarly, this bill prohibits any entity of state or local government from prohibiting any person who has a handgun carry permit from possessing a handgun within the boundaries of a public park.

ON APRIL 20, 2009, THE HOUSE ADOPTED AMENDMENT #1, AS AMENDED BY AMENDMENT #1 TO #1, AND PASSED HOUSE BILL 960, AS AMENDED.

AMENDMENT #1, AS AMENDED, rewrites this bill. Present law makes it a Class A misdemeanor for any person to possess or carry, with the intent to go armed, any prohibited weapon, such as a switchblade knife or short barrel shotgun, not used solely for instructional, display or sanctioned ceremonial purposes, in any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes. This amendment revises this offense to prohibit the possession of any "firearm" instead of any "prohibited weapon".

Furthermore, this amendment authorizes the legislative body of any municipality or county, by majority vote, to permit persons who have a valid handgun carry permit to carry a handgun within the boundaries of any park located in this state that is owned or operated by the municipal or county government, or instrumentality thereof. The legislative body may designate that all or certain designated parks or only certain designated areas within a park would come under this provision. If a park is jointly owned or operated by multiple municipalities or counties, then a majority vote of all affected legislative bodies, voting individually, is necessary for the allowance of a person with a permit to carry a handgun in such a park. If the municipality or county prohibits a prohibit handguns in only a specific portion of a park, then signs must be posted informing people of the prohibition.

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Posted

From what I make of it,it is legal to carry in these parks and it also says that it would be illegal for local authorities to prohibit legal carry as long as you had a valid permit.DOOOH,man I dont like all this legaleaze,have to be a rocket scientist to decipher it.:)

But dont quote me on it,I am no legal expert,this is true for sure.

Guest 270win
Posted

Is a bad bill. It will very much make it illegal to carry a handgun in local parks because no city is going to suddenly go to the trouble to make it legal. Presently, you cannot carry a 'prohibited' weapon, like a switchblade or brass knucks. If this passes house and senate, then it will be very illegal to carry a handgun in a local park. You do not want this to become law.

Posted
Is a bad bill. It will very much make it illegal to carry a handgun in local parks because no city is going to suddenly go to the trouble to make it legal. Presently, you cannot carry a 'prohibited' weapon, like a switchblade or brass knucks. If this passes house and senate, then it will be very illegal to carry a handgun in a local park. You do not want this to become law.

I don't see how it's really all that different. It's not legal to carry in a park now, it won't be unless cities allow it. It's not a clean bill, but you can't really make the argument you were only gonna be "breaking the law a little" before.

Posted

Basically the bill separates parks from civic centers and other recreational facilities into two different sections of code.

It also, as razorback said, makes firearms specifically illegal in both places.

But in the new section, it says local governments, by majority vote can allow carry in parks (not civic centers etc...) that it controls. By default, it remains illegal per state law.

They can allow carry in all, some or none of the parks under their control,. They can even allow carry within certain areas of a park while prohibiting carry within other areas of the same park.

If carry is allowed in all or none of the park the may or may not post. (Current law requires posting, but then says they can vote themselves exempt)

However if they allow carry in some parts while prohibiting in others of the same park, the must post explaining the details of where it is allowed and not allowed.

Guest trigem
Posted

We need to vote all these jerks out of office ASAP!

Guest pws_smokeyjones
Posted
We need to vote all these jerks out of office ASAP!

Careful with that. some of those jerks are the same ones that are doing a pretty good job of getting restaurant carry passed. From watching the videos, Rep. Sontany was the one that cluttered up the bill with all of her fretting over local parks etc... That is one that DOES need to be voted out.

Posted

Difference of opinion/interpretation as to local park carry:

Rep. Campfield says, "The bill allows legal Tennessee carry permit holders the ability to carry in local parks . It gives local governments override potential. They can allow or not allow at parks and may allow some parks but not others."

Well, I'm not a lawyer, so which is it?

Guest nraforlife
Posted

Its a BS Bill.... I can see it now, you can carry on this side of the park but not on that side as long as its the 6th Saturday of any month without a vowel in it.

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