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Sheriff Deputy claims State Law banning HCP in ALL TN....

PostPosted: Fri Apr 27, 2012 12:15 am
by Markus
..Park "Recreation Areas". :roll:
My middle brother who also carries(he mostly CC's unlike me) told me of an incident he had with a Rutherford County Sheriff's Deputy at Nice Mill Damn near Smyrna.
Apparently the deputy stopped him and informed(or misinformed) him that a NEW State Law had been passed that banned HCP carriers from all "Recreation Areas". Supposedly he was asking his "dispatch" about this to get his information to relay to my brother who was carrying. I'm assuming uninformed and undereducated regarding State Law....

The area is not/was not posted last I checked nor was it when my brother was confronted. It is a "Recreational" bank fishing area/Park on an small old dam with a parking lot on both sides. The land just downstream(which I frequently fish) is government land, so I would assume even if they have this imbecilic ban, outside of the "Recreation Area" would be fine for HCP holders? Surely they haven't banned Bank fishing while carrying on government land...land that people hunt on in hunting season legally.

I haven't heard a thing about a law banning HCP holders from Recreation Areas in parks aside from posted parks via local ignorance/anti-gun rights. Was this fellow lying via an uninformed dispatcher? He didn't bother him other than to tell him to leave and make that claim that all Recreation Areas(apparently implying it was law whether posted or not) were off limits to HCP holders in Tennessee according to this person.
If these so-called "Recreation Areas"/Parks are not posted I would assume that Law Enforcement has no legal right to even bother a HCP holder that is there fishing or otherwise. Perhaps I assume wrong. I'm not a lawyer.
The patchwork of ignorance(posted parks and businesses) is an irritation the needs to be gone. Let's try to elect True Conservatives not RINO's...if we can weed them all out and the Safe Commute Bill seems to have done this sorting/weeding out job fairly well. We know who many of the RINO's are now.

While I'm at it..I'm a frequent visitor of some of the State Parks in my area mainly Cedars of Lebanon State Park. I'm fairly good interpreting laws, but when there is a patchwork nightmare such as local government overruling State Law things can get foggy. I'm not a lawyer as I said, but I have read TN Carry Permit Law, loads of related material, and the TN State Parks website saying HCP holders were exempt from the "No alcohol or Firearms"(in terms of firearms) sign posted on almost all State Parks including the State Park "Recreation Areas" within them as far as I know?

Local municipalities(cities, unincorporated "towns", or County) have no say over HCP holders in Parks do they if they are located within their jurisdiction as long as they are State Parks yes? Has anyone reading this ever had trouble CC'ing or OC'ing in Cedars of Lebanon?
Anyone had a similar experience with a deputy, PD, or "Ranger" making such a claim at another(or the same) unposted Park/"Recreation Area"?

Re: Sheriff Deputy claims State Law banning HCP in ALL TN...

PostPosted: Fri Apr 27, 2012 6:20 pm
by Markus
From the reply to my other thread(and the fact I've found NOTHING and heard nothing on this aside from the second hand words of a sheriff deputy) I'm going to say the deputy and/or his dispatcher were ignorant..which is disturbing. To be lied to about the law from a Law Enforcement Officer is always disturbing and disgusting, but not surprising. They are just people. People make mistakes, can be spiteful, even hateful no matter their profession or duty.

If Nice Mill is a no-gun zone it would have to be locally funded/operated and also posted..it isn't in Smyrna or Murfreesboro's "jurisdiction" that I know of. I will have to check and see for sure if that "Recreation"/Park area is locally, State, or Federally funded. The last two would mean of course the deputy had no right to really even approach my brother about his HCP at Nice Mill. I can't find anything definitive online about who operates it, so I'll just call around next week...unless someone already knows here and wishes to share.