New (but same) AG opinion on park carry.

[Fallguy]

TN AG Opinion 08-26 still says park carry is illegal.

I still hope the bill passes that would allow us to carry, but probably not with that fiscal note on it.

[Guest jackdog]

It seems the privilege the politicians have allowed us to pay for is quite limited and will remain so for some time to come. Our second amendment rights mean nothing to them and I'm certain the crooked politicians would feel much safer if we did not have them. This applies to local state and of course federal politicians.

It is a right not a damn privilege, read the US Constitution

[Marswolf]

My view is that the AG is an idiot.

[Guest jackdog]

I could not agree more as are most of the political Azzes.

[Guest flyfishtn]

AG is an idiot and probably has higher aspirations. That makes him blind and stupid.

[Guest 270win]

The attorney general does not realize that weapons under 39-17-1302(a) are legal to possess under certain circumstances, such as one may have a short rifle/shotgun, machine gun, and suppressor in Tennessee if you have the proper NFA stamp. One may also possess brass knucks and switchblade knives (also 39-13-1302(a) weapons), if one has them as a 'collector'. Such weapons may be shown, bought, and sold at gun shows. There is nothing in TN law that prohibits one from hunting with a suppressor. The legislature clearly, to me, does not want such weapons at parks, civic centers, or playgrounds, unless attending a gun show, crossing land to hunt, or hunting.

If the legislature wanted to prohibit non NFA firearms on such property, then the legislature would have simply said 'firearm' in the code or referenced 39-17-1307 (firearms and clubs that you can't go armed with), not prohibited weapons.

Looks like to me the guy needs to go back to law school. I'm not a lawyer and can understand basic penal code. I have a feeling a decent prosecutor and judge would understand the penal code also. As of now, best to conceal your handgun to avoid having to pay the money to not have to deal with the state trying to prove you guilty for breaking no law.

[Guest 270win]

AG opinions, are just that too, opinions. He is not a county prosecutor, judge, or jury who you would deal with when defending yourself against a charge.

I am curious what the case law is on this subject and also judge's instructions to juries that outline the weapons penal code to help them determine guilt or innocence. Case law holds a lot more weight than some politician's so called opinion that a few lawyers disagree with.

[Guest 2HOW]

Carry that smoke wagon where ever you go . Take no ****, and dont let anyone brace you. Keep your head up high, walk like you got a purpose. Dont bow down to these punks. good Lord man , who do you think you are. If you haven't had a good talk with yourself., its time. I know you got family , and I'm sure they're gonna get your back. Its you and only you, Knowledge is the key, Fear is the mind killer.

[Fallguy]

AG opinions, are just that too, opinions. He is not a county prosecutor, judge, or jury who you would deal with when defending yourself against a charge.

True!

I am curious what the case law is on this subject and also judge's instructions to juries that outline the weapons penal code to help them determine guilt or innocence. Case law holds a lot more weight than some politician's so called opinion that a few lawyers disagree with.

Don't know of any...and to be honest searching court cases online is something I haven't 100% figured out yet.

Still sort of have my fingers crossed that the bill to specifically allow carry will pass and make all of this moot.

[Guest 270win]

My understanding of penal code is that, unless something is specifically stated as illegal, then one may do something. The law is silent in TN on how one may carry a handgun IF having a permit or say hunting. The law does not require open carry or concealed carry, nor does it disallow either practice. Thus, any decent lawyer would say that one may carry a handgun however he pleases.

The same goes with this park carry junk. The state's statutes do not ban the carrying of a non NFA firearm in a park, convention center, and so on. If the state wanted to make it illegal to carry in a park, then the law would reference non NFA weapons in addition to the NFA weapons.

Penal code generally does not make a list of places where one CAN carry a weapon, it specifies where a handgun is not allowed. That would be like saying that every building you walk in must have a sign on it that says "Handguns Welcome".

Legislative intent doesn't mean garbage if the code is pretty specific. This AG is not very knowledgeable or likes to make up his own law, instead of following state law.

[Fallguy]

I agree with you Razorback..... here is what I wrote back to my Rep when the AG first issued 07-148

T.C.A. § 39-17-1306 and T.C.A. § 39-17-1311 neither specifically mention a handgun being banned from the locations in the two statutes. But rather a list of weapons enumerated in T.C.A. § 39-17-1302(a), of which a handgun or long barrel rifle or shotgun (firearms) are not mentioned. Other statutes such as T.C.A. § 39-17-1305 and T.C.A. § 39-17-1309 both use the term “firearm†as being prohibited at the locations in the those statutes rather than referring to T.C.A. § 39-17-1302(a). T.C.A. § 39-17-1307 uses the term “firearm†as an unlawful weapon to carry. Statutes T.C.A. § 39-17-1319 and T.C.A. § 39-17-13-1321 even use the term “handgun†to address the item illegal to posses in those statutes. So it would seem to me if the intent was to ban handguns or firearms in general, from the locations in T.C.A. § 39-17-1306 and T.C.A. § 39-17-1311 the terms handguns and/or firearms would have been used rather than referring to T.C.A. § 39-17-1302(a) and that as written the two statutes are somewhat confusing when compared to the others.