Jonesborough Opts out... sort of...

[Guest Hyaloid]

JohnsonCityPress.com - Local News - Johnson City, TN

Story Published on Thursday, August 6, 2009Jonesborough says no to guns in parks law

By Heather Richardson

Press Staff Writer

hrichardson@johnsoncitypress.com

Following much discussion Thursday morning the Jonesborough Board of Mayor and Aldermen decided to opt out of a law that would allow handguns in their parks – at least for a year to see how the legislation pans out. When Jonesborough officials took up the issue concerns were not only for the safety of the residents of Jonesborough and their children but about the future of the legislation.

“The one thing that I discussed with our town attorney is my concern over the fact that this law, I think, is going to come under a great deal of scrutiny and may or may not be with us ... in its current form very long,†Mayor Kelly Wolfe said. “I really would like to see us do what is best for the town of Jonesborough but not necessarily lock ourselves in until we know what we are getting ourselves into.â€

Town Attorney Jim Wheeler recommended that if the board wanted to approve the resolution prohibiting guns in town parks they include a sunset provision.

Wheeler said one of the reasons he is recommending the sunset provision is because he believes the legislation is not solid and will likely be altered in the coming year.

“There has been an opinion by the Shelby County county attorney that he thinks this whole law is not constitutional because what they’ve done is set up a general law that says … it’s not a crime to have these handguns in the parks. They are letting people opt out. There are some constitutional issues with doing that because you have a general law and then you’re doing this opt out.â€

Wheeler said that by adding the sunset provision the law will automatically phase out and the board will have the opportunity to revisit it again after seeing what issues arise and what the legislature decides to do in the coming year.

“This law might look drastically different after the next general legislature and you may want an opportunity to revisit this,†Wheeler said.

Outside of what the future may hold for the legislation the mayor and aldermen were concerned with how it would directly affect the safety of their residents.

“I’ve been back and forth on it,†Alderman Chuck Vest said. “My first instinct was to not allow the handguns in the parks and then you see something happen like what happened in Pennsylvania where innocent people were defenseless basically and so you start thinking, ‘well, I wish somebody there with a permit would have been able to stop some of that.’

“Then you look at our town which is a relatively safe town and we don’t necessarily have a crime issue so are we doing something we don’t necessarily need to do? I’m kind of torn on what to do myself.â€

Wolfe said he shared in Vest’s conflict.

“I can speak as a concealed carry permit holder,†Wolfe said. “I’m conflicted about this because we don’t have the crime problem but knowing full well my reason for procuring that permit in the first place was to make sure that if the situation ever did arise that I was prepared to defend myself or my family. I don’t know honestly, that we need to have concealed carry guns in a setting where you are at a t-ball or soccer field.â€

Wolfe asked Wheeler if it would be possible to opt out only certain parks.

“My opinion is that it would be (allowed),†Wheeler said. “Although I need to tell you there are city attorneys – they’re about divided too – that are saying you can not opt just certain parks out. But the way I read it I think you … could potentially do that but, it is subject to challenge.â€

Alderman Mary Gearhart said her primary concern was the safety of the large number of children who used Jonesborough’s parks.

“I have no problem with second amendment rights or concealed carry,†Gearhart said. “My only problem is that we are a small town and most of our parks are used by small children. I don’t want guns around small children.â€

Gearhart said she had no problem with people who had concealed carry permits to carry their guns outside the parks. She said she felt the children would be much safer however, if the parks stayed gun-free.

“I have visions of parents at the soccer matches hollering back and forth at each other and the next thing you know one thing leads to another and you’ve got children in the line of fire and I don’t want any part of that.â€

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What a bunch of wishy-washy poop.

[Fallguy]

Does sound like they were trying to play both sides.

I still wonder if all these cities opting out know they will have to post signs.

Seems like a lot of trouble to go through, just to sunset in a year.

But maybe one good thing coming from this could be a challenge and find out the local goverments can't opt out.

Although I'm not sure why that would be a problem, if nothing else you could just repeal 39-17-1311 entirely, but AFAIK cities could still post a park per 39-17-1359 like any other city owned property if they wanted to.