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kwikrnu
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| Joined: | Wed May 14th, 2008 |
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Posted: Sat Sep 5th, 2009 01:51 pm |
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Opinion of Metro lawyers
13.24.440 Explosives, fireworks and firearms.
No person shall bring into or have in his possession in any park any firearms, slingshots, firecrackers, torpedoes, fireworks or other missile propelling instruments or explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or contiguity with other substances, mixtures, compounds or articles may propel missiles or may decompose suddenly and generate sufficient heat, sound, gas or pressure or any or all of these to produce rapid flames, combustion or noxious or dangerous odors or sounds such as to annoy any other person or to injure any person or property.
(Prior code ยง 30A-1-9)
found here
Resolution RS2009-790 against Ch.428.
Ordinance BL2009-489 against carry in parks.
I haven't found where they have passed any law that they do not have to post signs. So, you should be good to go if they don't have signs. But, I'm no lawyer.
Last edited on Sat Sep 5th, 2009 03:01 pm by kwikrnu
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Mike
Super Moderator
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Posted: Sat Sep 5th, 2009 05:06 pm |
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| wow - you guys in tennessee need to re-visit preemption next year in the legislature and make is 100% across the board to preempt localities - the grandfathering nonsense needs to be repealed.
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kwikrnu
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Posted: Sat Sep 5th, 2009 06:33 pm |
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I agree the grandfathering is ridiculous, it makes obeying the law a challenge. I still believe they still must post.
I went to Edwin Warner park today. There were no signs anywhere. This includes the entrances on Vaughn Rd, the dog park, and the nature center and trail heads on Hwy. 100. I wandered around inside the nature center about 10 minutes and had no problems.
I went to Percy Warner Park today also. There were no signs. This includes all entrances Old Hickory Blvd., Chickering, Hwy. 100, and the intersection of Page Rd. and Belle Meade Blvd. I drove through the park and saw no signs. I walked the hill at the main entrance of Percy Warner and had no problems.
I open carried an N frame Smith and wesson snub nose revolver on my right hip.
I did not see any cops or rangers so maybe that is why I wasn't bothered.
Last edited on Sat Sep 5th, 2009 06:34 pm by kwikrnu
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macville
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Posted: Sat Sep 5th, 2009 09:27 pm |
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Even if the law is grandfathered in, there is no option that lets them not post. We realized that the other night after the City of Knoxville meeting. It doesn't matter if you now opt-out or have your pre 1986 law grandfathered in, you are supposed to post the new sign (which is actually stupid because places like City of Knoxville have a different law that doesn't have the same punishment as the new law.)
But it looks like from the OP's post, Davidson county opt-ed out THIS year and therefore should have the legal posting. It just amazes me how THEY get away with breaking the law (they are legally supposed to post a certain sign), but want ME punished if I walk in their un-posted park with my firearm.
Be writing your state reps to go ahead and get the whole opt-out overturned.
Matthew
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kwikrnu
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Posted: Sat Sep 5th, 2009 11:36 pm |
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I'm no lawyer.
I'm pretty sure that carry in a park is illegal if there is an ordinance.
I'm also sure that municipalities and counties are supposed to post.
So, does that mean if you violate an ordinance and they have no sign are you going to get a class A misdemeanor?
Or, does it mean you get arrested and nothing comes of it after legal action?
Just to be clear Metro has had an ordinance since 1966.
What I would like to find out is if anyone with a carry permit has been charged and convicted of carry in a park in Tennessee where there was no sign, as the sign has been a requirement for years.
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WCrawford
Regular Member
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Posted: Sun Sep 6th, 2009 02:33 am |
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I'd be willing to do an open carry gathering at a Davidson County park. I'd need to find a holster for a .22 revolver, as I'm unwilling to have my Glock 30 taken into police custody. 
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kwikrnu
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Posted: Sat Sep 26th, 2009 12:23 am |
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New AG opinion as of 9-22-09 says even though signs are not posted at parks it is illegal to carry in parks if city or county has resolution prohibiting carry.
opinion 09-158
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Current time is 06:32 pm | |
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