MTAS changes to Jackson Municipal Code

[Worriedman]

For those in the Jackson area, and maybe other cites as well, there is a move afoot that bears no good will towards gun owners.

Currently under consideration in Jackson is a change to the Municipal Code 11.604. I will post the old version and the new one to be voted on next Tuesday.

Old:

11-604. Manufacturing, selling, carrying dangerous weapons.[1]

(1) Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto, nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor.

(2) It shall be unlawful for any person to make, manufacture, sell, distribute, use, or carry with the intent to go armed, a nunchaku stick, also known as karate stick, chaka stick, chuck, morning star, holy water sprinkler and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but flexible wood, such as oak (although pieces of pipe are sometimes used) fastened at one end with a short length of leather or chain. The device generally has two (2) sections of equal lengths.

(3) This section shall not apply to the members of the police force or other officers or individuals authorized by law to carry arms, in the city or in the County of Madison, Tennessee.

[1]State law reference

Tennessee Code Annotated, section 39-17-1314 preempts municipal regulation of the transfer, ownership, possession and transportation of firearms, except that it expressly does not effect ordinances in those areas enacted prior to April 8, 1986.

New version:

11-604. Manufacturing, selling, carrying dangerous weapons.1

(1) Any person who shall carry in any manner whatever, with the

intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape

or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto,

nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing

a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or

revolver of any kind whatever, except the army or navy pistol which shall be

carried openly in the hand, or any other dangerous weapon, shall be guilty of a

misdemeanor.

(2) It shall be unlawful for any person to make, manufacture, sell,

distribute, use, or carry with the intent to go armed, a nunchaku stick, also

known as karate stick, chaka stick, chuck, morning star, holy water sprinkler

appended as footnote to page #1

1State law reference

Tennessee Code Annotated, § 39-17-1314 preempts municipal

regulation of the transfer, ownership, possession and transportation

of firearms, except that it expressly does not effect ordinances in those

areas enacted prior to April 8, 1986.

DRAFT COPY 11-11 page #2

and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but

flexible wood, such as oak (although pieces of pipe are sometimes used) fastened

at one end with a short length of leather or chain. The device generally has two

(2) sections of equal lengths.

(3) This section shall not apply to the members of the police force or

other officers or individuals authorized by law to carry arms, in the city or in the

County of Madison, Tennessee.

(4) It shall be unlawful to sell, or offer to sell, or to bring into the City

of Jackson for the purpose of selling, giving away or otherwise disposing of any

prohibited weapon mentioned in subsection (1) above; provided, however, any

person licensed by the State of Tennessee to sell rifles or other firearms may

stock and sell pistols and/or sidearms to persons desiring them for protection of

their home, business or for target practice. However, sales to aliens, persons

who have been convicted of a crime of violence, fugitives from justice, persons

of unsound mind, minors, drunkards, drug addicts and persons who have been

convicted of the illegal sale of alcoholic beverages are excluded.

Any person desiring to purchase a pistol or sidearm as above provided

shall certify to the seller that he is not one of the persons listed above as

excluded from legal sale of such firearm, and the person having the gun for sale,

whether it be a firearms dealer engaged in the business of selling firearms, new

or used, or any other person, shall file with the chief of police a copy of the

certificate as notice of the pending sale. Such certificate must also show the

purpose for which the gun is to be used. If, after fifteen (15) days from the time

of the receipt of such notice, the chief of police makes no objection tending to

show that such proposed purchaser is in fact excluded by law from legal

purchase, as set out above, the sale may be consummated and the gun delivered

to the purchaser, together with a bill of sale therefor. The fifteen (15) days'

notice of pending sale provided for above must be made by registered mail and

return receipt requested unless the officer or officers, as the case may be,

personally acknowledge receipt of such notice. The certificate to be filed with

the law enforcement officer shall carry the right thumb print of the applicant

along with the information as to race, height, weight, age, color of eyes, color of

hair and sex of the applicant; provided, however, the chief of police may issue

a written approval of such certificate, after investigation, within the fifteen (15)

day period.

The fifteen (15) day period shall not apply to transactions between

licensed importers, licensed manufacturers, licensed dealers or licensed

collectors who meet the requirements of the first paragraph of this subsection

above and certify prior to the transaction the legal and licensed status of both

parties. The burden shall fall upon the transferor to determine the legality of

the transaction in progress. The fifteen (15) day waiting period shall not apply

to transactions or transfers between a licensed importer, licensed manufacturer,

or licensed dealer and a bona fide law enforcement agency or said agency's

personnel; however, all other provisions and requirements of the, preceding

DRAFT COPY 11-12 page #3

paragraph above must be observed. The burden of proof of the legality of such

transactions or transfers shall rest upon the transferor.

Nothing in this section shall preclude any person eligible to purchase a

pistol or sidearm, as set out above, from making an occasional sale of a used or

second-hand gun legally purchased by him without being licensed to do business

as such, but whenever such sale is made, the same procedure must be followed

as is provided above for persons licensed by the State of Tennessee to engage in

such business.

(5) All reports, receipts or other forms required herein shall be made

upon forms prescribed by the chief of police and shall be in addition to any other

reports or receipts which may be required to be made by any other law.

(6) Any person, firm or corporation violating the provisions of this

section, whether by act of commission or omission, shall be guilty of a

misdemeanor and, upon conviction thereof, shall be punished according to the

general penalty provision of this municipal code of ordinances. (1995 Code,

§ 11-604, modified)

I am concerned that other cities might be trying to usher this change into their Codes as well, the write up came from the MTAS, just as did the Resolutions regarding the Parks Carry Bill.

If anyone has knowledge of other municipalities trying to set this up in their codes, I would very much like to know.

[macville]

I'm confused by your post. What exactly is happening. My understanding is that state law overrules so whatever Jackson was to do, they couldn't really do anything legally.

Matthew

[Oh Shoot]

What part of the following do the brilliant legal minds of Jackson not understand?

Or am I misunderstanding, and this is not all new? Meaning, enacted before 1968?

Or what?

-----------------------

39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

----------------

- OS

[Guest redbarron06]

See the little 1 after the word weapons? I would go out on a limb and say that basicly means other than as authorized by TCA.

[JayC]

This is bad, not only does it violate state law, but it creates a 15 day waiting period for sales, creates a police list of every person who purchases a firearm, and bans private sales.

Who is offering this change?

[Oh Shoot]

This is bad, not only does it violate state law, but it creates a 15 day waiting period for sales, creates a police list of every person who purchases a firearm, and bans private sales.

Who is offering this change?

I don't understand it all, but can tell you from my previous association with them, much of what MTAS "helps" local government with will be doing badly what need not be done at all.

Some towns/counties didn't make them welcome at all, but Jackon is a stronghold, have regional office there.

Your UT tax dollars at work.

- OS

Edited December 3, 2009 by OhShoot

[tntnixon]

This is bad, not only does it violate state law, but it creates a 15 day waiting period for sales, creates a police list of every person who purchases a firearm, and bans private sales.

Who is offering this change?

It doesn't ban private sales or create a 15 day wait. It creates a 15 day wait on private sales. Liscensed dealers are excluded. Still total BS, but I wouldn't be surprized if the law wasn't being changed at the request of a dealer in the area. It puts the dealer at a decided advantage.

All that being said, go to the first county out of town and make your deal. Municipal statutes have very short arms.

[Oh Shoot]

It doesn't ban private sales or create a 15 day wait. It creates a 15 day wait on private sales. Liscensed dealers are excluded. Still total BS, but I wouldn't be surprized if the law wasn't being changed at the request of a dealer in the area. It puts the dealer at a decided advantage.

All that being said, go to the first county out of town and make your deal. Municipal statutes have very short arms.

Better to nip it, I say, nip it in the bud!

- OS

[Guest redbarron06]

before it gets passed I would ask your rep for a decision from the TN AG. Like the beer permit in Nashville when guns in restrurants got passed once he published a decision that it was not within the power of the county/town to make that decision it fell threw.

[Worriedman]

You can bet your bippy I will avail myself of all avenues of approach to "nip" this as soon as possible.

First off it flies in the face of TCA 39-17-1314:

39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

Does not say diddly about "dealers" or private sellers, just says counties and cities can not delve into transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof;.

It is a grab for power, and attempt to force this down the throats of the public. The full content was not revealed even to the Council. Something rotten in Denmark here!

[Worriedman]

I'm confused by your post. What exactly is happening. My understanding is that state law overrules so whatever Jackson was to do, they couldn't really do anything legally.

Matthew

I simply posted the current section 11.604, and the proposed. Proof that there was no private sales code prior to '86, an the current code was last updated in '95. TCA 39-17-1314 says if you had code in effect prior to '86 then the preemption would not affect it, but as Jackson had none, the State preemption limits the ability to institute it now. The new Code is a blatant violation of State Law.

[Guest redbarron06]

Does not say diddly about "dealers" or private sellers, just says counties and cities can not delve into transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof;.

It is a grab for power, and attempt to force this down the throats of the public. The full content was not revealed even to the Council. Something rotten in Denmark here!

Transfer would apply to private sales and dealers alike.

[-boatman-]

Could the new Chief of Police be behind this? I hope the same people on the city council that kept the park ban from passing will stop this.

[Oh Shoot]

There are a number of things you pay for at the University of Tennessee you don't even know about.

MTAS is one of them (Municipal Technical Advisory Service)

The citizenry should really know more about its flagship university than just "Go Vols".

- OS

[Worriedman]

As the MTAS is a taxpayer paid entity, I would think that actions by them that attempt to deny Constitutional rights would fall under the auspices of

TCA 39-16-403. Official oppression. —

(a) A public servant acting under color of office or employment commits an offense who:

(1) Intentionally subjects another to mistreatment or to arrest, detention, stop, frisk, halt, search, seizure, dispossession, assessment or lien when the public servant knows the conduct is unlawful; or

(2) Intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity, when the public servant knows the conduct is unlawful.

(b) For purposes of this section, a public servant acts under color of office or employment if the public servant acts, or purports to act, in an official capacity or takes advantage of the actual or purported capacity.

(c) An offense under this section is a Class E felony.

(d) Charges for official oppression may be brought only by indictment, presentment or criminal information; provided, that nothing in this section shall deny a person from pursuing other criminal charges by affidavit of complaint.

[Acts 1989, ch. 591, § 1; 1990, ch. 980, § 11.]

[Guest Crunchman]

I think we have enough City Council members on our side to "Nip it in the bud!" quoting Barney Fife. I'll copy to Randy Wallace and Danny Ellis today.

[Guest HexHead]

It doesn't appear that the 15-day period applies to the occasional private sale...

The fifteen (15) day period shall not apply to transactions between

licensed importers, licensed manufacturers, licensed dealers or licensed

collectors who meet the requirements of the first paragraph of this subsection

above and certify prior to the transaction the legal and licensed status of both

parties. The burden shall fall upon the transferor to determine the legality of

the transaction in progress. The fifteen (15) day waiting period shall not apply

to transactions or transfers between a licensed importer, licensed manufacturer,

or licensed dealer and a bona fide law enforcement agency or said agency's

personnel; however, all other provisions and requirements of the, preceding

DRAFT COPY 11-12 page #3

paragraph above must be observed. The burden of proof of the legality of such

transactions or transfers shall rest upon the transferor.

Nothing in this section shall preclude any person eligible to purchase a

pistol or sidearm, as set out above, from making an occasional sale of a used or

second-hand gun legally purchased by him without being licensed to do business

as such, but whenever such sale is made, the same procedure must be followed

as is provided above for persons licensed by the State of Tennessee to engage in

such business.

[Guest Crunchman]

I just emailed Ellis and Wallace. I'll post the reply when I get it.

[JayC]

It doesn't ban private sales or create a 15 day wait. It creates a 15 day wait on private sales. Liscensed dealers are excluded. Still total BS, but I wouldn't be surprized if the law wasn't being changed at the request of a dealer in the area. It puts the dealer at a decided advantage.

All that being said, go to the first county out of town and make your deal. Municipal statutes have very short arms.

You're right it doesn't ban private sales exactly....

It shall be unlawful to sell, or offer to sell, or to bring into the City of Jackson for the purpose of selling, giving away or otherwise disposing of any prohibited weapon mentioned in subsection (1) above; provided, however, any person licensed by the State of Tennessee to sell rifles or other firearms may stock and sell pistols and/or sidearms to persons desiring them for protection of their home, business or for target practice.

Subsection one includes this:

any pistol or revolver of any kind whatever, except the army or navy pistol

Nothing in this section shall preclude any person eligible to purchase a pistol or sidearm, as set out above, from making an occasional sale of a used or second-hand gun legally purchased by him without being licensed to do business as such, but whenever such sale is made, the same procedure must be followed as is provided above for persons licensed by the State of Tennessee to engage in such business.

Talk about vague, does that mean we have to do a transfer through an FFL with all the proper paper work required under the law to do a private sale?

This does appear to create a 15 day waiting period for all purchases including those from a dealer, and creates a list of who purchases said pistols.

Any person desiring to purchase a pistol or sidearm as above provided shall certify to the seller that he is not one of the persons listed above as excluded from legal sale of such firearm, and the person having the gun for sale, whether it be a firearms dealer engaged in the business of selling firearms, new or used, or any other person, shall file with the chief of police a copy of the certificate as notice of the pending sale.

This creates a 15 day waiting period for all purchases of pistols.

If, after fifteen (15) days from the time of the receipt of such notice, the chief of police makes no objection tending to show that such proposed purchaser is in fact excluded by law from legal purchase, as set out above, the sale may be consummated and the gun delivered to the purchaser, together with a bill of sale therefor.

Also here is the information that will be on file with the police:

The certificate to be filed with the law enforcement officer shall carry the right thumb print of the applicant along with the information as to race, height, weight, age, color of eyes, color of hair and sex of the applicant;

This proposed law violates state law, and is a BAD law.

[JayC]

It doesn't appear that the 15-day period applies to the occasional private sale...

As I read it, they still have to file the same paperwork with the police and wait 15 days.

As that paragraph states they must compile the same as a dealer...

[Worriedman]

Have been able to ascertain that this is in fact, a Jackson issue only. Have had research provided by several folks that lead me now to believe that this was a request specifically made by some one in Jackson.

Have spoken with several of the City Council Members, and they are working to get this changed. It needs to be reported that they were in fact responsible for getting the issue raised in the first place.

Intend to pursue finding out who was responsible for this attempt to violate the Law!

[Oh Shoot]

You have to be vigilant at all times...

UT's IPS (Institute for Public Service), under which MTAS operates, also has the Jimmy Naifeh Center for Effective Leadership.

That gives me a warm feeling all right.

- OS

[Guest HexHead]

As I read it, they still have to file the same paperwork with the police and wait 15 days.

As that paragraph states they must compile the same as a dealer...

Oops, you're right. I missed the LEA, LEO part.

licensed dealer and a bona fide law enforcement agency or said agency's personnel;

[Worriedman]

Could the new Chief of Police be behind this? I hope the same people on the city council that kept the park ban from passing will stop this.

From"Gill Kendrick" <GKendrick@cityofjackson.net>

Subject:Re: Municipal Code Section 11-604.4

Date:12/10/2009 10:16:43 AM

To:"C. Richard Archie"

I was not aware of the proposed changes. I have met with our departmental legal adviser, and we will be meeting with the city attorneys. Will provide a response in this regard.

Respectfully,

Chief Kendrick

[Fallguy]

Definitely appears to violate 39-17-1314.

Funny how this is trying to be done in one of the few cities of any size that is allowing carry in their parks.