Local governments expected to opt out of allowing guns in public parks

[Guest johnnyo]

Maryville and Alcoa government officials have indicated they will opt out of a new law allowing people to carrying guns in public parks, according to Parks and Recreation Director Joe Huff.

The issue was discussed at a Parks and Recreation Commission meeting Tuesday.

Huff said he hopes Blount County Commission will also ban guns in parks. The state Legislature recently passed legislation allowing handgun permit holders to take their guns to parks, but gave local governments the right to opt out. The law was sent to the Governor and would go into effect on September 1 of this year.

Local governments expected to opt out of allowing guns in public parks

Parks & Recreation for Maryville, Alcoa and Blount County Home Page

[Guest HexHead]

Nashille's Metro Council has already filed a resolution to do the same. The only good thing about these cities already saying they plan to opt out, is maybe Phil will let the parks bill pass. At least we'll have the State parks.

[Guest savvysteve]

Ok I recall reading something about the resturant bill that stated the local governments can't override it since it came from the state or something. I remember it because I thought it was odd, local government should have control as long as the laws are constitutional right? Just thinking out loud here...

But if my first statement is correct help me out here. How does this not also apply here to carrying in parks? What am I missing? Someone who understands the law help me out here.

[Guest ScottD]

Ok I recall reading something about the resturant bill that stated the local governments can't override it since it came from the state or something. I remember it because I thought it was odd, local government should have control as long as the laws are constitutional right? Just thinking out loud here...

But if my first statement is correct help me out here. How does this not also apply here to carrying in parks? What am I missing? Someone who understands the law help me out here.

If I understand you question correctly, the park carry bill had a stipulation allowing local governments to ban guns in their jurisdiction by posting the proper sign. The restaurant bill did not have that stipulation.

[Fallguy]

Correct, the parks bills also amended 39-17-1314 (preemption law) to allow local governments to ban carry in parks.

[Guest 270win]

It will be interesting to see if these local governments post signs in compliance with the law to ban handguns. I think very few will go through the hassle to put up the right signs. I would just conceal well in a park that doesn't put up the right signs and DO NOT call the local governments and tell them "Hey....you're signs aren't right". Let sleeping dogs lie.

[Guest savvysteve]

Correct, the parks bills also amended 39-17-1314 (preemption law) to allow local governments to ban carry in parks.

Fallguy,

So that means a local government can ban them and not be required to have the proper signage. If they blanket ban carry in parks right? The resturant bill means each and every resturant has to make the decision and have proper signage much like any other business does... Local governments can "blanket ban" it.

Am I on the right track here?

[Guest pops]

Maryville and Alcoa government officials have indicated they will opt out of a new law allowing people to carrying guns in public parks, according to Parks and Recreation Director Joe Huff.

The issue was discussed at a Parks and Recreation Commission meeting Tuesday.

Huff said he hopes Blount County Commission will also ban guns in parks. The state Legislature recently passed legislation allowing handgun permit holders to take their guns to parks, but gave local governments the right to opt out. The law was sent to the Governor and would go into effect on September 1 of this year.

Local governments expected to opt out of allowing guns in public parks

Parks & Recreation for Maryville, Alcoa and Blount County Home Page

click on the local gov link and got a good laugh, Gunny’s has an add beside the article

[Oh Shoot]

Fallguy,

So that means a local government can ban them and not be required to have the proper signage. If they blanket ban carry in parks right? The resturant bill means each and every resturant has to make the decision and have proper signage much like any other business does... Local governments can "blanket ban" it.

Am I on the right track here?

Nope.

Parks must use proper signage, and that signage is more specific than for a normal business, specifies size and verbiage.

None of the "substantially similar" stuff of the business statute:

"...shall display in prominent locations about the public recreational property a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:

MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) FOR CARRYING WEAPONS ON OR IN PUBLIC RECREATIONAL PROPERTY."

- OS

Edited June 10, 2009 by OhShoot
add'l info

[Fallguy]

Fallguy,

So that means a local government can ban them and not be required to have the proper signage. If they blanket ban carry in parks right? The resturant bill means each and every resturant has to make the decision and have proper signage much like any other business does... Local governments can "blanket ban" it.

Am I on the right track here?

OS is correct.

They must post a specific sign as listed in 39-17-1311©. It has minimal measurement requirements and contains exact wording that must be used.

If they have more than one park under their control they can ban carry in some parks but not others. But either way it is the whole park. They can not allow carry in some parts and not in others within the same park. It's either all or nothing.

...and just a reminder, the state park carry goes into effect immediately, but local park carry doesn't go into effect until Sept 1.

[Fivestring63]

Huff said he hopes Blount County Commission will also ban guns in parks. The state Legislature recently passed legislation allowing handgun permit holders to take their guns to parks, but gave local governments the right to opt out. The law was sent to the Governor and would go into effect on September 1 of this year.

Local governments expected to opt out of allowing guns in public parks

Parks & Recreation for Maryville, Alcoa and Blount County Home Page

Whats wrong with these people? It's quite obvious that the people have spoken. Look at the recent poll on WVLT , 70% last I seen want carry in parks.

I like taking the kids to Sandy Springs Park and also the Greenbelt Park and it irks me not to be able to carry. At least it's the commission and not Huff that has the final say. This is East Tennessee, not Nashville or Memphis, so maybe they will do the right thing.

[Guest HexHead]

...and just a reminder, the state park carry goes into effect immediately, but local park carry doesn't go into effect until Sept 1.

Did I miss something?

[Fallguy]

Did I miss something?

When signed or after the 10 days is up......