TN AG: Cities can ban firing weapons

[TripleDigitRide]

Tennessee Attorney General: Cities can ban firing weapons

[1pointofview]

My weapns dont fire, they are triggered

[E4 No More]

This is news, why?

[TripleDigitRide]

This is news, why?

That's sort of what I was thinking. I was hoping someone could point out whatever it is I may be missing.

[ted]

published Wednesday, May 29th, 2013
Employers can still fire workers over guns in parking lots, Tennessee attorney general says
http://www.timesfreepress.com/news/2013/may/29/employers-can-fire-workers-over-guns-parking-lots-/ and http://www.timesfreepress.com/news/2013/jul/16/tennessee-lt-gov-ron-ramsey-says-gun-law-needs-cla/ Edited August 27, 2013 by ted

[2.ooohhh]

Oh, could be b/c of my neighbors continuing to make a fuss to who ever will listen about Voldemort. Every couple of years they fight the neighborhood getting annexed into Brentwood proper b/c "they don't want what comes with it"(taxes and new property regulations). Then turn around and gripe that several of us(Voldemort included) with large lots can shoot guns in our backyards and that it's loud.(until we are annexed we are just under county jurisdiction) Voldemort was letting off some steam over the weekend in his backyard and had some of the neighbors about to piss themselves. To be honest his hillside backstop is even more stout than mine due to the the slope of his yard. As usual WCSO came out and politely told the neighbors it was perfectly legal as long as the shooters are 'x' feet from the houses, have a safe backstop, and aren't shooting towards anyone's houses.

[Lowpower]

And now ya'll know why we need to vote those TN lawmakers out of office. 

 

I saw this get watered down and passed and everyone said, "Yea! We made progress". The only progress we will make is when we vote out of

office those opposed to our Constitutional Rights in favor of private business rights out of office. If you don't think the big businesses didn't lobby 

for the watered down version why vote?

 

Unions suck the life out of people in the name of moderating of Big Businesses. Big Business sucks the life out of people for shareholders. Is there really any difference?

 

How many of you work for Big Business and watch your salaries stall, your benefits decrease, your fellow employees get laid off with their jobs being taken offshore. 

All because come hell or high water these Businesses continue to promise share holders 7-8% annual profits even though their sector growth rates tanked and expect to run 1-2% annually for the next 10 years. The first things to go are benefits, salary, then people. 

 

On a side note, isn't it amazing that 97% of all federal government workers don't want the new health care package? Amazing.

 

Lp

[Guest 6.8 AR]

Tennessee Attorney General: Cities can ban firing weapons

Been doing it for decades, haven't they? I wonder why the AG decided to say it, now? Anyway, his is only an opinion, not law.

[RobertNashville]

I don't see the "story" here...I suspect it's safe to say that in most, if not all "cities" in Tennessee (at lest any that are large enough to actually be called a city) have banned the discharge of a firearm within the city limits for many, many decades (except of course for SD, etc.).

 

As to the "parking lot bill"...yeah...it was a bunch of nothing (thank you so very, very much Ramsey, Harwell and Haslam) except that in some instances, a "posted" parking lot is now meaningless as far as the posting goes.

[JayC]

Sounds like we need to force the legislature to strengthen the preemption law huh?

[GKar]

Article doesn't say who requested the opinion...that might be more interesting than the opinion itself.

[RobertNashville]

This is a law that does not need to change...it's simple common sense. There are simply too many ways that discharging a firearm in a heavily populated area such as a city (especially in neighborhoods) puts others at risk.

[Oh Shoot]

Knoxville takes it to heart, bans firing air rifles too. Also, no indoor shooting ranges in city limits either.

 

- OS

[East_TN_Patriot]

I saw this get watered down and passed and everyone said, "Yea! We made progress". The only progress we will make is when we vote out of
office those opposed to our Constitutional Rights in favor of private business rights out of office. If you don't think the big businesses didn't lobby
for the watered down version why vote?

Lp

In American politics, incrementalism is the rule of the day. Sometimes it is used to erode our rights and other times it is used to get them back. Most of us would love to see a massive legislative effort to reinforce our Second Amendment rights, just as others would love to see an equally massive legislative effort to completely do away with them. Neither is likely to happen. Small battles lead to small victories and those small victories add up to win the war. Edited August 27, 2013 by East_TN_Patriot

[R_Bert]

Some cities have TWRA WMA or TVA wildlife reserves within their city limits (as does my little hometown here, as well as Oak Ridge).  Across the road, industrial park.  One side of the gate, get arrested, the other, open to all state seasons.  I love hunting there.  Too bad I never get drawn for the ORR

[Guest nra37922]

Knoxville takes it to heart, bans firing air rifles too. Also, no indoor shooting ranges in city limits either.

 

- OS

Doesn't stop the shooting range down around Cherry and Magnolia though

[Guest nra37922]

Oh, could be b/c of my neighbors continuing to make a fuss to who ever will listen about Voldemort. Every couple of years they fight the neighborhood getting annexed into Brentwood proper b/c "they don't want what comes with it"(taxes and new property regulations). Then turn around and gripe that several of us(Voldemort included) with large lots can shoot guns in our backyards and that it's loud.(until we are annexed we are just under county jurisdiction) Voldemort was letting off some steam over the weekend in his backyard and had some of the neighbors about to piss themselves. To be honest his hillside backstop is even more stout than mine due to the the slope of his yard. As usual WCSO came out and politely told the neighbors it was perfectly legal as long as the shooters are 'x' feet from the houses, have a safe backstop, and aren't shooting towards anyone's houses.

You guys ever invite the neighbors over for a little range time or are they the old "guns are evil jackasses'? 

[Oh Shoot]

Doesn't stop the shooting range down around Cherry and Magnolia though

 

Urban safari territory, where the quarry shoots back.

 

- OS

[DaveTN]

 

TN AG: Cities can ban firing weapons

Duh.

 

[Guest nra37922]

Urban safari territory, where the quarry shoots back.

 

- OS

My watering holes are further west. 

[chances R]

From my understanding, as long as you are on your own property, no endangering anyone, you can legally hunt/shoot within the TWRA regs.

[Worriedman]

Article doesn't say who requested the opinion...that might be more interesting than the opinion itself.

Sen. Randy McNalley

[Worriedman]

I don't see the "story" here...I suspect it's safe to say that in most, if not all "cities" in Tennessee (at lest any that are large enough to actually be called a city) have banned the discharge of a firearm within the city limits for many, many decades (except of course for SD, etc.).

 

From the Opinion:

 

 

By the plain language of Tenn. Code Ann. § 39-17-1314(a), the General Assembly removed from local governments the authority to regulate the “transfer, ownership, possession or transportation” of firearms, except as specifically provided therein. The statute’s failure to include any reference to the discharge of firearms, or otherwise indicate its intent to occupy the entire field of firearms regulation, supports an inference that the General Assembly intentionally excluded that area from the preemption statute.

Accordingly, the exclusion of the discharge of firearms from those areas expressly delineated within the preemption statute indicates the General Assembly’s intent that local governments should retain the authority to regulate that matter within their respective jurisdictions. This interpretation is consistent with the general rule that a municipality may exact additional requirements in the exercise of its general police powers beyond those imposed under general law so long as there is no conflict between the two. See, e.g., Southern Ry. Co. v. City of Knoxville, 223 Tenn. 90, 98-99, 442 S.W.2d 619, 622 (1968).

 

http://www.tn.gov/attorneygeneral/op/2013/op13-066.pdf

 

The "story" is, now a City or County can make the discharge of a weapon a crime, the State cannot preempt even the use for personal defense under 39-11-611 according to Cooper's Opinion.  Not that a judicial review might not set that opinion aside, who wants to go before a Judge to find out. 39-17-1322 got gutted last year in an appellate decision, which deletes the "shall not be charged with" language and completely reads it out of the statute.
 

Edited August 28, 2013 by Worriedman

[Worriedman]

From my understanding, as long as you are on your own property, no endangering anyone, you can legally hunt/shoot within the TWRA regs.

Nothing in the TWRA Regs allows you to discharge a weapon for self defense, against human criminals anyway.

Edited August 28, 2013 by Worriedman

[TMF]

All because come hell or high water these Businesses continue to promise share holders 7-8% annual profits even though their sector growth rates tanked and expect to run 1-2% annually for the next 10 years. The first things to go are benefits, salary, then people.


Lp

8%? Sounds like I need to fire my broker. Been a while since I've seen 8%. Maybe what folks should do is divest all their wealth in so-called "Big Business" and then let's see how many jobs they're able to hold onto.