MTAS at it again.

[C. Richard Archie]

I received information from a source that is knowledgeable about Jackson City Council matters today that is very disturbing.

Appears that the Municipal Code, which is akin to the TCA for the State, gets re-worked and amended every so often. There is a version under consideration now, having passed the first reading, which contains frightening changes for the gun owning public in the City of Jackson.

Our old code Section 11.604

11-604. Manufacturing, selling, carrying dangerous weapons.
(1) Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto, nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except the army or navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor.
(2) It shall be unlawful for any person to make, manufacture, sell, distribute, use, or carry with the intent to go armed, a nunchaku stick, also known as karate stick, chaka stick, chuck, morning star, holy water sprinkler and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but flexible wood, such as oak (although pieces of pipe are sometimes used) fastened at one end with a short length of leather or chain. The device generally has two (2) sections of equal lengths.
(3) This section shall not apply to the members of the police force or other officers or individuals authorized by law to carry arms, in the city or in the County of Madison, Tennessee.

Proposed revision:

11-604. Manufacturing, selling, carrying dangerous weapons.1
(1) Any person who shall carry in any manner whatever, with the
intent to go armed, any razor, dirk, bowie knife or like knife of like form, shape
or size, sword cane, ice pick, slingshot, blackjack, brass knucks, Spanish stiletto,
nunchaku stick, or a fountain-pen pistol or gun, or like instrument containing
a firing pin capable of shooting tear gas or pistol cartridges, or any pistol or
revolver of any kind whatever, except the army or navy pistol which shall be
carried openly in the hand, or any other dangerous weapon, shall be guilty of a
misdemeanor.
(2) It shall be unlawful for any person to make, manufacture, sell,
distribute, use, or carry with the intent to go armed, a nunchaku stick, also
known as karate stick, chaka stick, chuck, morning star, holy water sprinkler

appended as footnote to first page
1State law reference
Tennessee Code Annotated, § 39-17-1314 preempts municipal
regulation of the transfer, ownership, possession and transportation
of firearms, except that it expressly does not effect ordinances in those
areas enacted prior to April 8, 1986.


DRAFT COPY 11-11 page 2
and nutcracker flail. Such weapon usually consists of two (2) pieces of hard but
flexible wood, such as oak (although pieces of pipe are sometimes used) fastened
at one end with a short length of leather or chain. The device generally has two
(2) sections of equal lengths.
(3) This section shall not apply to the members of the police force or
other officers or individuals authorized by law to carry arms, in the city or in the
County of Madison, Tennessee.

(4) It shall be unlawful to sell, or offer to sell, or to bring into the City
of Jackson for the purpose of selling, giving away or otherwise disposing of any
prohibited weapon mentioned in subsection (1) above; provided, however, any
person licensed by the State of Tennessee to sell rifles or other firearms may
stock and sell pistols and/or sidearms to persons desiring them for protection of
their home, business or for target practice. However, sales to aliens, persons
who have been convicted of a crime of violence, fugitives from justice, persons
of unsound mind, minors, drunkards, drug addicts and persons who have been
convicted of the illegal sale of alcoholic beverages are excluded.
Any person desiring to purchase a pistol or sidearm as above provided
shall certify to the seller that he is not one of the persons listed above as
excluded from legal sale of such firearm, and the person having the gun for sale,
whether it be a firearms dealer engaged in the business of selling firearms, new
or used, or any other person, shall file with the chief of police a copy of the
certificate as notice of the pending sale. Such certificate must also show the
purpose for which the gun is to be used. If, after fifteen (15) days from the time
of the receipt of such notice, the chief of police makes no objection tending to
show that such proposed purchaser is in fact excluded by law from legal
purchase, as set out above, the sale may be consummated and the gun delivered
to the purchaser, together with a bill of sale therefor. The fifteen (15) days'
notice of pending sale provided for above must be made by registered mail and
return receipt requested unless the officer or officers, as the case may be,
personally acknowledge receipt of such notice. The certificate to be filed with
the law enforcement officer shall carry the right thumb print of the applicant
along with the information as to race, height, weight, age, color of eyes, color of
hair and sex of the applicant; provided, however, the chief of police may issue
a written approval of such certificate, after investigation, within the fifteen (15)
day period.
The fifteen (15) day period shall not apply to transactions between
licensed importers, licensed manufacturers, licensed dealers or licensed
collectors who meet the requirements of the first paragraph of this subsection
above and certify prior to the transaction the legal and licensed status of both
parties. The burden shall fall upon the transferor to determine the legality of
the transaction in progress. The fifteen (15) day waiting period shall not apply
to transactions or transfers between a licensed importer, licensed manufacturer,
or licensed dealer and a bona fide law enforcement agency or said agency's
personnel; however, all other provisions and requirements of the, preceding
paragraph above must be observed. The burden of proof of the legality of such
transactions or transfers shall rest upon the transferor.
Nothing in this section shall preclude any person eligible to purchase a
pistol or sidearm, as set out above, from making an occasional sale of a used or
second-hand gun legally purchased by him without being licensed to do business
as such, but whenever such sale is made, the same procedure must be followed
as is provided above for persons licensed by the State of Tennessee to engage in
such business.
(5) All reports, receipts or other forms required herein shall be made
upon forms prescribed by the chief of police and shall be in addition to any other
reports or receipts which may be required to be made by any other law.
(6) Any person, firm or corporation violating the provisions of this
section, whether by act of commission or omission, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished according to the
general penalty provision of this municipal code of ordinances. (1995 Code,
§ 11-604, modified)

I am concerned that this is included in the revisions of ALL cities in the State of Tennessee, just like the MTAS sent the "work up" for the Parks Bill to all cities and counties.

I will be there in person for the second reading of the proposed changes, seems funny to me that a City Council would vote on issues that they have not read, but then I am really not surprised.

I need for any of our members who have access to City Council members to check and see if this is in fact a State Wide edict, which has been added to the Municipal Codes of other cities.

It is in direct violation of TCA 39-17-1314:

39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) Except as provided in § 39-17-1311(d), which allows counties and municipalities to prohibit the possession of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by a county, a municipality or instrumentality thereof, no city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

Any one who has access to Councilpersons or Alder persons that can ascertain the spread of this cancer, please let me know.

[C. Richard Archie]

I have determined, with a lot of help of course, that this is a specific to Jackson issue. Glad to know that!

Now on to getting it remedied, and finding out who requested this violation of our State Law, so that we can discuss the issue!

[C. Richard Archie]

Fot those who were at our Chapter meeting last night, this is the information that is necessary to put in the letters to the City Council.

[C. Richard Archie]

[wizardpc]

Spreading the word .