Do I have to leave the park?

[Guest jg45]

I eat lunch at a local park several days a week. In the past I have seen football and baseball practice going on at this park. If I am at the park having lunch and a school bus shows up and unloads the children for practice, do I have to leave the park since I was already there? Would I have legal recourse against the school for making a criminal out of me? I mean they could have stopped the bus outside the park and had someone go around announcing that permit holders should leave before the school bus entered, or perhaps, the school should wait till I'm done to enter the park. Thoughts?

[macville]

This reason is THE VERY REASON that once kids leave school property, there should be no "protection" (I say that because any "protection" they have at school is a fantasy) for them as far as being around permit holders. The law is a mess, but why should I be surprised considering how many lazy idiots there are in this country now.

Matthew

[Guest pws_smokeyjones]

Honestly, it gives me a headache just trying to interpret/understand/remember the parks carry laws so I have given up and I just don't go to parks. On the rare occasion that I do I simply disarm just to 'make sure' I don't break the law. how flipping ridiculous is that!?! jeeez.

[Guest HvyMtl]

Eat in your car. You can still be armed, and at least partially enjoy the park...

[jughead]

wish someone could look into this. i personnally think only the ballpark and stands are off limits. been wrong more times than i have been right.

[Fallguy]

You don't have to leave, but legally you probably need to disarm. The AG has said you would be legal with the handgun left in your car at park with school kids.

Now what I would do is keep sitting there, eat my lunch and leave when I'm done. Not sure how anyone is going to know anything otherwise.

As to whether the whole park becomes off-limits or just the immediate area around the ballfield...we will only know for sure when/if someone is ever charged and then see what the verdict is.

[Guest RRM]

just cover well and it won't ever be an issue.

[FlyboyLDB]

I have not found too many parks in TN that allow carry. Most have opted out of allowing carry - at least not around here.

[Guest TargetShooter84]

Just leave it in the car and you'll be fine.

[Guest jcramin]

I do know in the city of Bartlett parks they have signs directed to hand gun carry permit holders stating that if a school event of any kind is going on in the park you can not carry.

[Fallguy]

Just leave it in the car and you'll be fine.

If the school kids weren't at the park before he got there, why should he leave it in the car?

His question was about if he was there and then they arrive afterwards, in which case I said he may want to go put it in his car.

But as long as we are all here.....here is another question for you.

As best I can tell, the park is off-limits if it is being used by the school, not just because school kids are there.

So what if it is after school hours no buses around etc....how do you know if the kids there practicing are school kids for team practice, a local little league team or just a bunch that got together?

[daddyo]

Just leave it in the car and you'll be fine.

Where it can be stolen. No thanks, I'll just stay out of county and city parks.

On June 14, the Williamson County Commission is voting on a resolution that will permanently ban firearms from all parks within the county. I am attending to make some remarks to the commission in an attempt to persuade any who may be on the fence that a vote for the resolution is a vote to remove yet another of our constitutional freedoms.

My understanding is that, if the resolution does not pass, ball fields and other sections of county parks will be off limits to those with HCPs when a school sanctioned event is taking place.

Edited June 2, 2010 by DaddyO

[JAB]

IANAL so please correct me if I am wrong but I believe the AG's opinion to be just that - a lawyer's opinion. As this law is so new, I can't imagine there is much case law to back up that opinion - and his opinion is not necessarily the opinion of a judge who would hear the case, etc. Mostly, I take that to mean that (if anyone sees your firearm) you might be charged and the local prosecutor might decide prosecute. That doesn't mean you will be found guilty. It doesn't mean you will be charged and prosecuted to begin with. It doesn't even mean that you are breaking the law - just that one lawyer - the AG - believes you might be. Seems to me that what this really means is that our AG leans toward being an anti and is allowing his personal opinions to color his legal interpretations. I can possibly see the logic of saying you couldn't attend a school-sponsored function (such as a school field day or soccer game, for instance) in the park with your firearm but the idea that you can't be in the park, at all, while such an event is taking place in a different section of the park?

Thing is, if we take this ridiculous idea to its logical conclusion, if I am fishing in one part of a state park with a legally carried firearm and a group of students on a school field trip show up in another part of the park, technically I should run back to my car and lock my firearm up as the park is now being used 'for a school activity', right? Heck, some local parks are big enough that I might be on a walking trail or maybe fishing at one end of the park and not realize that Ms. Buttwell's third grade history class has stopped to have lunch in the park picnic pavilion on their way between one museum and another. I think I'd keep my firearm concealed and happily stay far away from the little monsters...er...darlings, thanks. Of course, as mentioned, IANAL, that is not legal advice and I'm only saying what I might do, in theory, if the situation ever arose.

Edited June 2, 2010 by JAB

[Guest TNReb]

An AG's opinion does not carry the weight of law. It is supposed to interpret the law and give advice. He is not allowed to give these opinions unless someone specifically requests it. And then it is just what it is called--an opinion. Often these will be requested just to see what the outcome of an untested law might be, but it is up to the Courts to determine when a real controversy exists whether the opinion is correct or not.

Politics doesn't usually enter into these opinions, but that's not to say someone couldn't have an agenda. I doubt the AG himself writes many of these opinions and probably they come mostly from staff. Many times the Courts agree, but not always. And since I am a lawyer, I've probably made this as clear as mud. Our favorite answer: "That depends."

[Fallguy]

I completely agree that AG opinions are just that...and are not law, precedent etc...

I just offered it as relevant information.

IMO (FWIW) I do think that if you are attending a school function at a park, then you probably shouldn't carry...as far as the law goes. Otherwise I don't think a whole park becomes off-limits because there is a school function going on in part of it or definitely just because school kids show up.

[JAB]

I completely agree that AG opinions are just that...and are not law, precedent etc...

I just offered it as relevant information.

I hope I didn't come across as if I were attacking your post. It certainly is relevant information. I simply intended to point out that the AG saying something - while the opinion should certainly be considered - doesn't necessarily mean that is how a real life scenario will play out.

IMO (FWIW) I do think that if you are attending a school function at a park, then you probably shouldn't carry...as far as the law goes. Otherwise I don't think a whole park becomes off-limits because there is a school function going on in part of it or definitely just because school kids show up.

That makes perfect sense and is probably how I would handle the situation.

[peejman]

That makes perfect sense and is probably how I would handle the situation.

The fact that his statement makes perfect sense effectively guarantees that our justice system would interpret differently.

[Fallguy]

I hope I didn't come across as if I were attacking your post. It certainly is relevant information. I simply intended to point out that the AG saying something - while the opinion should certainly be considered - doesn't necessarily mean that is how a real life scenario will play out.

I didn't take it that, but thanks. I have disagreed with the AG on several things, but there are several on here that in the past have pointed out who am I, or any of us to disagree with the AG...lol

The fact that his statement makes perfect sense effectively guarantees that our justice system would interpret differently.

LOL....ain't it the truth.

[Guest jackdm3]

[Guest TNReb]

The fact that his statement makes perfect sense effectively guarantees that our justice system would interpret differently.

LOL....ain't it the truth.

Now guys . . . you know our justice system is based on good old common sense.

[Fallguy]

Now guys . . . you know our justice system is based on good old common sense.

We forget though....we actually have a legal system instead of a justice system....

[peejman]

We forget though....we actually have a legal system instead of a justice system....

I actually typed "legal system" first then changed it to justice system. My hope was if we return to referring to it as a "justice" system, eventually it might actually become that again.

Yeah, I'm a bit from time to time.

[Fallguy]

I actually typed "legal system" first then changed it to justice system. My hope was if we return to referring to it as a "justice" system, eventually it might actually become that again.

Yeah, I'm a bit from time to time.

If I thought it would work....I'd say it too....