State Parks, different rules?

[Worriedman]

http://www.tn.gov/environment/parks/policies.shtml#firearmshttp://www.tn.gov/environment/parks/policies.shtml#firearms

 

Exception 4: While State Parks' rules and regulations prohibit firearm possession and use, Public Chapter 428 of 2009 created an exception in state firearms law that allows individuals with a valid "carry permit" under TCA § 39-17-1351 to carry a handgun within the boundaries of all state parks.  While this new law makes an exception for possession, it does not make exception to the use of a firearm. Discharging a weapon in non-designated areas of our parks is still an offense. If a permit holder fires a weapon in self-defense, the holder bears the burden of proof to avoid potential charges under "prohibited firearm use."

 

 

Does 39-11-611 (b) (1):

 "Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force." negate the ability of the State to require you to "prove" self defense?

[Oh Shoot]

Yeah, I do see a difference there regarding burden of proof.

 

But then again, burden of proof is a larger legal construct that likely makes that quote from the Park Service just words, I'd say.

 

And btw, from where in TCA did the PS derive that little opinion?

 

- OS

Edited April 17, 2013 by Oh Shoot

[zapfbroad]

It would seem that if you discharge your handgun, ostensibly in the act of self defense as determined justifiably by LE, you would be unaffected. However if your claim of self defense is not upheld I believe that basically this is saying you would face an Additional charge of discharging a firearm unlawfully within a state park in accordance with this statute. On top of whatever other charges you may face from LE. More revenue & defined measure to reassure sheeples that gunowners won't be running around Fall Creek Falls like yosemite sam on july 4th.

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[peejman]

It would seem that if you discharge your handgun, ostensibly in the act of self defense as determined justifiably by LE, you would be unaffected. However if your claim of self defense is not upheld I believe that basically this is saying you would face an Additional charge of discharging a firearm unlawfully within a state park in accordance with this statute. On top of whatever other charges you may face from LE. More revenue & defined measure to reassure sheeples that gunowners won't be running around Fall Creek Falls like yosemite sam on july 4th.

Sent from my SPH-D700 using Tapatalk 2

 

 

Agreed.  As usual, the burden of proof lies with the victim.

[LagerHead]

The reason for the wording is most likely to cover possible illegal hunting/poaching. In other words don't go shooting your gun in a park without a good and legal reason for doing so.

[tartanphantom]

More revenue & defined measure to reassure sheeples that gunowners won't be running around Fall Creek Falls like yosemite sam on july 4th.
 

 

Don't know why, but I just love the visual imagery on this one.

"Ah smells carrots a-cookin'-- and whar thar's carrots, thar's rabbits."

 

"Now git back under that thar waterfall, ya long-eared galoot!"

 

Edited April 17, 2013 by tartanphantom

[Worriedman]

You are hiking in a State Park, and are approached by an individual (or group) who threatens to do you harm if you do not comply with their wishes.  You avail yourself of your Right of self defense and that individual (or group) is expired when you alert authorities.  Out on a trail, no witnesses, how do you prove self defense?

 

My reading of the "Policy" is that the Citizen is guilty until they somehow can prove their innocence.

Edited April 18, 2013 by Worriedman

[Oh Shoot]

My reading of the "Policy" is that the Citizen is guilty until they somehow can prove their innocence.

 

My reading is that departmental bureaucrats can spout all kinds of "policy"  but that doesn't make it so.

 

Somebody needs to run that by the TN AG, let him comment on just what basis in TN law that could actually be valid.

 

- OS

[Worriedman]

Questions posed to the State regarding this issue has resulted in them taking down Item #4.  Web site is completely wrong in its assertion now.

 

http://www.tn.gov/environment/parks/policies.shtml#firearmshttp://www.tn.gov/environment/parks/policies.shtml#firearms

 

Firearms, traps and other weapons

Exceptions to weapons prohibition provided below.

In park, natural, and historical areas the use of traps, seines, handthrown spears, nets (except landing nets), firearms (including air and gas powered pistols and rifles), blow guns, bows and arrows or crossbows, and any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life is prohibited. The possession of such objects or implements is prohibited unless they are unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent their use while in the park areas.
 

Exception 1: Shooters may use recreational target shooting ranges available for skeet, trap and bow and arrow target shooting within a park area as long as these weapons are properly cased when not on the range.

Exception 2: Authorized Federal, State, County and City law enforcement officers may carry firearms in the performance of their official duties.

Exception 3: Persons using park area facilities while participating in authorized open or managed hunts within the park areas or beyond, may use and possess firearms under the specific rules and regulations pertaining to the authorized hunt and only in the authorized hunting zones or compartments.

Fires.

 

Edited April 20, 2013 by Worriedman

[Oh Shoot]

Questions posed to the State regarding this issue has resulted in them taking down Item #4.  Web site is completely wrong in its assertion now.

 

http://www.tn.gov/environment/parks/policies.shtml#firearmshttp://www.tn.gov/environment/parks/policies.shtml#firearms

 

Dumbasses. It's so hard to get good help these days, especially from gooberment.

[tartanphantom]

Questions posed to the State regarding this issue has resulted in them taking down Item #4.  Web site is completely wrong in its assertion now.

 

http://www.tn.gov/environment/parks/policies.shtml#firearmshttp://www.tn.gov/environment/parks/policies.shtml#firearms

 

So does this imply that the Commissioner chooses to hold his hands over his ears and eyes, and just pretend that T.C.A. 39-17-1311( b )(H) doesn't even exist now?

 

This is stupid. Bureaucrat city. With purposeful ignorance like this, it puts every HCP holder in jeopardy of potentially confrontational encounters with STUPID and uninformed park personnel. I guess he's waiting for the AG to crap a golden egg for an opinion?

Edited April 20, 2013 by tartanphantom