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Tennessee Firearms Assoc. Inc. • View topic - A couple of legal questions regarding HCP carry...

A couple of legal questions regarding HCP carry...

This forum section is primarily to allow individuals to post questions that they have concerning topics on which TFA members may have expertise or experience.

A couple of legal questions regarding HCP carry...

Postby Markus » Fri Apr 27, 2012 1:05 am

I had heard somewhere(perhaps here though I cannot find it again) that waterways such as lakes, rivers, creeks were off limits to HCP carriers. Such as being on a boat carrying. Is this law or is it meant to apply to non-HCP holders?
I'm assuming bank fishing/hiking or other activities on state or federal land(which people hunt) near a waterway is completely legal?

Another issue..with Federal Parks. I have seen posted here in the TFA forums that "Visitor Centers" are the only off limits portion of a Federal Park..such as Stones River Battlefield in Murfreesboro.
When another OC'ing friend of mine recently called them and spoke to an older woman park ranger, however she implied it was illegal to carry anywhere within Stones River Battlefield and was very short and rude...she should be fired or severely reprimanded IMHO just for the manner in which she handled the simple question with hateful arrogant spite, but that's off topic.

She tried to make it "clear" that no one, HCP holder or not was allowed in her Park anywhere with an evil gun. I got the impression that's what she thinks of guns...except the one she carries herself of course. Hypocritical ignorant government employees disgust me. There are other more rational friendly rangers there(even had a younger female ranger tell me I could park outside of the gate and hike back in after hours once), but this one was definitely not one of them.
So, what's the deal with this? Would I be hassled, arrested, or possibly be shot for hiking while OC'ing in an unposted Federal Park I used to like and would like again if this was a clear issue that I could exercise my HCP rights(bought and paid for "rights") there?
Visitor Center is still posted no doubt, but I saw no posting on the trails last time I was through there...it has been a year or so ago, however.

How about the ability(I would hope and think inability) of a local legislature to attempt to limit CC or OC in a State Park? Is this something that can be slipped under the law via use of local anti-gun rights jurisdictions? Or is it bound tight that all State Parks allow HCP carriers as the TN Parks website says?
I asked this in part of another thread as well, thought I might as well repost it here...not intending to spam, but this is a more appropriate place for the question perhaps.
A well regulated Militia, being necessary to the security of a free State,(THEREFOR) the right of the people to keep and bear Arms, shall not be infringed. -2nd Amendment of the United States Constitution
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Re: A couple of legal questions regarding HCP carry...

Postby David Lewis » Fri Apr 27, 2012 11:21 am

State parks are STATE parks, and are not controlled by LOCAL governments, but by the State of Tennessee...thus, in Nashville,
you have Bicentennial Mall State Park (just north of Capitol Hill), in which carry by permit holders is legal (open or concealed),
and you also have Centennial Park (a Metro Nashville city park--the one with the Parthenon out on West End), which, being
part of the Metro Parks system, does not allow any carry because the Metro council "opted out" of the Parks bill a couple of years
ago, and bans carry by all law abiding citizens (doesn't seem to stop those who disregard the laws, however).

National parks were changed in Feb 2010 (I think), and the National parks now follow state law regarding parks...so in Tennessee,
National parks are good to go, because State parks are--if you are a permit holder.

Many, if not all, buildings in National parks are posted, and thus, you may not carry there. Sounds as if the rangerette in your post
is misinformed, and quite overzealous in her ignorance. Perhaps a polite call to her supervisor is in order.

David
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Re: A couple of legal questions regarding HCP carry...

Postby Markus » Fri Apr 27, 2012 6:06 pm

A well regulated Militia, being necessary to the security of a free State,(THEREFOR) the right of the people to keep and bear Arms, shall not be infringed. -2nd Amendment of the United States Constitution
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Re: A couple of legal questions regarding HCP carry...

Postby ProguninTN » Sat Apr 28, 2012 12:58 pm

As to your inquiry about waterways, you may want see this old thread. The laws can vary due to different entities controlling said waterways.

viewtopic.php?f=23&t=2790
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Re: A couple of legal questions regarding HCP carry...

Postby Markus » Sun Apr 29, 2012 12:37 am

A well regulated Militia, being necessary to the security of a free State,(THEREFOR) the right of the people to keep and bear Arms, shall not be infringed. -2nd Amendment of the United States Constitution
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Re: A couple of legal questions regarding HCP carry...

Postby ProguninTN » Sun Apr 29, 2012 3:37 pm

I'm glad I could help. The patchwork is infuriating. However, don't discount national politics. It is a Federal entity, specifically the Army Corps of Engineers, who prohibit you from carrying at lakes such as J. Percy Priest. Perhaps, this can be changed via legislation like the recently rescinded National Parks Ban. As for TN regulations, yes we do have a problem with RINO's and/or sellouts. (Sellouts being those who opposed parking lot carry due to big business campaign money.) We also do have a problem with rights being treated like privileges.
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Re: A couple of legal questions regarding HCP carry...

Postby Fred762 » Mon Apr 30, 2012 8:49 am

Doesn't this whole carry patchwork mess pi$$ you off? It does me!! ..the da^^ned criminals carry weapons at will and prey upon unarmed victims whenever they "choose. These "rangers" are paid by us..working stiffs who PAY them to aserve us TAXPAYERS, not the criminals!!! . It seems we have no flipping rights any more and that is dead wrong. Are we supposed to go around unarmed and helpless in the PARKS we PAY FOR??? What crap!!

rant off.
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Re: A couple of legal questions regarding HCP carry...

Postby Markus » Wed May 09, 2012 10:50 pm

A well regulated Militia, being necessary to the security of a free State,(THEREFOR) the right of the people to keep and bear Arms, shall not be infringed. -2nd Amendment of the United States Constitution
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Re: A couple of legal questions regarding HCP carry...

Postby johnharris » Tue May 15, 2012 8:25 am

This type of problem comes about when too many in the leadership of the legislature have the lack of constitutional soundness to pass the "right" law and risk news paper comments or attacks. In this instance, the earlier version of the bill was absolute and much better. Then local government officials, who by the way were lobbying against your rights and being paid with your tax dollars to do so, demanded that they have complete oversight over local parks. That led to the spiral of exceptions. TVA is a different issue. It feels that the land it controls is not a federal park or forest and therefore not subject to the change in federal law that opened up federal parks and forests.
John Harris

Executive Director
Tennessee Firearms Association, Inc.
Attorney
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Re: A couple of legal questions regarding HCP carry...

Postby Markus » Wed May 16, 2012 1:36 pm

A well regulated Militia, being necessary to the security of a free State,(THEREFOR) the right of the people to keep and bear Arms, shall not be infringed. -2nd Amendment of the United States Constitution
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