Can a city partial opt-out?

[cybernorris]

Is there any option for a city to opt out at only certain facilities and/or parks under its jurisdiction?

More specifically, could a city opt out at a baseball stadium that is inside a city park, but not that whole park?

[Guest PapaB]

No.

Here's the pertinent part of the law:

Under this amendment, by resolution adopted by a majority vote of its legislative body, a municipality or county may elect to prohibit persons possessing a valid handgun carry permit from possessing a handgun in a county or municipality owned public park. If a park is jointly owned or operated by municipalities or counties, then each affected legislative body must adopt a resolution by a majority vote to elect the prohibition in that park. The election would effect the entire park.

from SB 0976

[Guest HexHead]

They can opt-out individual parks, but the parks themselves have to be in their entirety.

[Fallguy]

Posting just to confirm the other posts.

A city can make some parks off-limits and not others, but whatever is done, it has to be the entire park.

[cybernorris]

I read somewhere on a news site that the AG issued a ruling on guns in parks during school sporting events. Unfortunately the AG's web site doesn't have this up yet. Can anyone help find me a copy?

[Fallguy]

I read somewhere on a news site that the AG issued a ruling on guns in parks during school sporting events. Unfortunately the AG's web site doesn't have this up yet. Can anyone help find me a copy?

Been on there site for a while actually.

http://www.tn.gov/attorneygeneral/op/2009/OP/OP129.pdf

[cybernorris]

Thanks... the news article I saw was recent and made it seem there was an additional new opinion.

[Hershmeister]

Lebanon is defining a park as essentially the area beyond the parking lot in a resolution to be discussed at tonites city council meeting

[JayC]

Lebanon is defining a park as essentially the area beyond the parking lot in a resolution to be discussed at tonites city council meeting

Again without seeing the wording, it appears to be in violation of state law, and therefore the entire park would be open for carry.

[Hershmeister]

Again without seeing the wording, it appears to be in violation of state law, and therefore the entire park would be open for carry.

PM me with your FAX# and I can send you a copy of the original resolution and the one that is being proposed tonite.

PS: Are you an attorney? Feel free to reply privately on that if you dont wish to publicize one way or the other

[JayC]

PM me with your FAX# and I can send you a copy of the original resolution and the one that is being proposed tonite.

PS: Are you an attorney? Feel free to reply privately on that if you dont wish to publicize one way or the other

I am not an attorney, I work in the expert witness, litigation support, and government compliance field (computers) and therefore have to deal with reading laws and government requirements on a daily basis. I'm just a layperson like just about everybody else on this forum and who spends a little too much time reading title 39 of the TCA

I'd be happy to look at the resolution next week (I'm going up to Fort Drum, NY this weekend for some training this weekend). I'll PM you my fax number when I get back.

[troy917]

Not sure where to find it but was wondering if it is illegal for me to carry in Hendersonville city parks (yes they have opted out) what specifically says it's ok for a LEO to carry there?

The reason I ask is that a few years ago there was a female officer that actually left her firearm in the bathroom stall during a busy Saturday morning during soccer season. There were hundreds of children in the park. I think one actually found it and turned it in to authorities. This act sparked changes that shifted responsibility of patroling the park from the police department to the parks department.

Is this primarily why they are being banned. For fear someone will lose it there?

[Fallguy]

Not sure where to find it but was wondering if it is illegal for me to carry in Hendersonville city parks (yes they have opted out) what specifically says it's ok for a LEO to carry there?

The reason I ask is that a few years ago there was a female officer that actually left her firearm in the bathroom stall during a busy Saturday morning during soccer season. There were hundreds of children in the park. I think one actually found it and turned it in to authorities. This act sparked changes that shifted responsibility of patroling the park from the police department to the parks department.

Is this primarily why they are being banned. For fear someone will lose it there?

39-17-1350 says LEOs can carry in all places and all times in TN, except for the places listed in subsection ©*

* Amended by Public Chapter 605 to remove places that serve alcohol for onsite consumption.