TN Constable - HR218

[MemHeli]

So a group of us here in Memphis were talking about becoming Constables and looked into the HR218 allowances.  Looks like the legislators have ruled that Constables don't fall into a category that would allow HR218 carry, but I did run across an interesting provision for towns having between 11,100 and 11,200 people.  Anyone know where in the world this came from?

 

"Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under the provisions of §§ 8-10-108, 40-6-210, 55-8-152, 57-5- 202 and 57-9-101, are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a) "

https://www.tn.gov/assets/entities/attorneygeneral/opinions/op13-110.pdf

[Oh Shoot]

1 hour ago, MemHeli said:

...  Anyone know where in the world this came from?

 

Sounds like a damn narrow exception (100 person population span, wow!) that was probably put in originally to grease somebody in one county to me? Anyway, it's from Tennessee Code Annotated, and still current:

 

39-17-1315.  Written directive and permit to carry handguns.

  (a)  (1)  (A) The following persons may carry handguns at all times pursuant to a written directive by the executive supervisor of the organization to which the person is or was attached or employed, regardless of the person's regular duty hours or assignments:

         (i) Any law enforcement officer, police officer, bonded and sworn deputy sheriff, director, commissioner, county magistrate or retired law enforcement officer who is bonded and who, at the time of receiving the written directive, has successfully completed and, except for a law enforcement officer who has retired in good standing as certified by the chief law enforcement officer of the organization from which the officer retired, continues to successfully complete on an annual basis a firearm training program of at least eight (8) hours duration;

         (ii) Any director or full-time employee of the Tennessee emergency management agency in the performance of the director's or employee's duty;

         (iii) Any duly authorized representative or full-time employee of the department of correction who has been specifically designated by the commissioner of the department to execute warrants issued pursuant to § 40-28-121 or § 40-35-311 or to perform such other duties as specifically designated by the commissioner; or

         (iv) Any other officer or person authorized to carry handguns by this, or any other law of this state.

      (B) A copy of the written directive shall be retained as a portion of the records of the particular law enforcement agency that shall issue the directive. Nothing in this subdivision (a)(1) shall prevent federal officers from carrying firearms as prescribed by federal law.

   (2)  (A) Any duly elected and sworn constable in any county having a population of not less than eleven thousand one hundred (11,100) nor more than eleven thousand two hundred (11,200), according to the 1970 federal census or any subsequent federal census, and being a county in which constables retain law enforcement powers and duties under §§ 8-10-108, 40-6-210, 55-8-152, 57-5-202 and 57-9-101, are authorized to and may carry handguns at all times and may equip their vehicles with blue and red lights and sirens. The sheriff of such county shall issue a written directive or permit authorizing the constables to carry a handgun; provided, that each constable has completed the same eight-hour annual firearm training program as is required by this subsection (a).

      (B) The county commission may, by a two-thirds (2/3) vote, require the constable to have in effect a liability policy or a corporate surety bond in an amount of not less than fifty thousand dollars ($50,000).

(b)  (1) An individual, corporation or business entity is authorized to prohibit the possession of weapons by employees otherwise authorized by this subsection (b) on premises owned, operated or managed by the individual, corporation or business entity. Notice of the prohibition shall be posted or otherwise noticed to all affected employees.

   (2) An individual, corporation, business entity or governmental entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection (b), at meetings conducted by, or on premises owned, operated, managed or under control of the individual, corporation, business entity or governmental entity. Notice of the prohibition shall be posted or announced.

- OS

Edited September 18, 2016 by Oh Shoot

[Pain103]

Won't qualify for LEOSA but so many counties have fought to abolish the position of Constable that is why there is so many crazy population ranges for getting rid of them, how many per county, and other things.  I have met several over the years and have a relative that is one but I always tell them to be careful because many of them don't have body armor because they have ro pay for everything. 

[JAB]

On 9/18/2016 at 3:42 PM, Pain103 said:

Won't qualify for LEOSA but so many counties have fought to abolish the position of Constable...

I think a big part of that push came out of Roane County when there was an apparently problem Constable there.  Supposedly, among other things, he had beef with local police and decided that he should be policing the police (and their families.)  There were claims that he was pulling over the wives/families of officers and basically harassing them.

http://www.knoxnews.com/news/local/judge-ousts-walking-tall-constable-in-roane-county-ep-409849024-359323261.html

Quote

 

Judge ousts 'Walking Tall' constable in Roane County

July 08, 2009

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Mark Patton, holding his walking stick, strikes a "Walking Tall'' style pose on the steps of the Roane County Courthouse in August 2008.

By Bob Fowler

Controversial Roane County Constable Mark Patton has been ousted from office.

Roane County Circuit Court Judge Russell E. Simmons Jr. this afternoon issued his opinion throwing the 46-year-old lawman from office.

Local law enforcement personnel in Roane County are taking security precautions as a result of the decision, but those steps were planned regardless of the outcome, County Attorney Tom McFarland said.

He said law enforcement personnel would take special precautions for witnesses who testified against Patton.

McFarland said a copy of the judge's decision is being hand-delivered to Patton's attorney, Chris Cawood.

"Because of this case, Roane County is a safer place today than it was yesterday,'' McFarland said.

McFarland and Roane County District Attorney General Russell Johnson filed the ouster lawsuit against Patton, 49, of Kingston, who was elected in 2006.

They alleged the burly lawman had waged a campaign of intimidation and harassment of local law enforcement personnel that later spread to their relatives and elected officials.

Patton, 49, fashioned a "Walking Tall'' persona for himself complete with large stick akin to that used by legendary Tennessee Sheriff Buford Pusser.

In his ruling, the Judge Simmons said just one of the allegations against Patton could have been "simply poor judgment.''

Taken together, the numerous incidents that were the subject of last week's two-day ouster trial showed Patton ``did knowingly and willfully commit misconduct in his office as constable?''

More details as they develop online and in Thursday's News Sentinel.

 

 

Edited September 20, 2016 by JAB

[JayC]

It's DeKalb County, the why is an entirely different question   

[300winmag]

Do we even have constables in Shelby County?  I know they have them in Texas but they are full commissioned police officers just like the sheriff deputies that go through academy.  In some places they do not have to go through the police academy and it is more of an elected position for someone to have a title.

[Spiffy]

On 9/20/2016 at 2:13 PM, JAB said:

I think a big part of that push came out of Roane County when there was an apparently problem Constable there.  Supposedly, among other things, he had beef with local police and decided that he should be policing the police (and their families.)  There were claims that he was pulling over the wives/families of officers and basically harassing them.

http://www.knoxnews.com/news/local/judge-ousts-walking-tall-constable-in-roane-county-ep-409849024-359323261.html

I hadn't heard about that but I don't get to Kingston outside of to pay taxes, tags and passing through on match day.

Dad's 1st cousin was Constable for a while before becoming Sheriff. We've all heard the stories about the "Big Black Dodge" he had. It was quick!!!