Blount County pulls one; opts out blames state law

[n24wheel]

State law trumps county guns in parks decision, attorney says
By Joel Davis
of The Daily Times Staff
Originally published: August 19. 2009 1:12PM
Last modified: August 19. 2009 1:12PM
According to the attorney for the county mayor, state law trumps a planned vote by the Blount County Commission, to consider opting out of a new law that would allow handguns in public places, including public parks.

Because all Blount County parks are overseen by the Parks and Recreation Commission, which is jointly funded by Blount County, Alcoa and Maryville, the ban is already in effect because the two cities have already voted to opt out.

“Guns are already illegal based on the majority vote of Maryville and Alcoa,” County Mayor Jerry Cunningham said. “... Maryville and Alcoa have already opted out of that thing. That constitutes the majority. It just takes a majority where they are jointly operated. The ban is in effect.”

The Maryville City Council on Aug. 3 became the first governmental body in Blount County to opt out of the law. The Alcoa City Council voted to opt out on Aug. 11.

County parks include Louisville Point Park, Everett Recreation Center and the Everett Athletic Complex, Eagleton Little League, Richard Williams Park and a small section of the Greenway Park called Frank Vogle Park.

The new law allows people with handgun carry permits to take them into public parks, natural areas, historic parks, nature trails, campgrounds, forest greenways, waterways or other similar public lands.

While the legislature made such activity legal, local governments can prohibit possession in these areas before the law takes effect Sept. 1.

Rob Goddard, attorney for the county mayor, said that Public Chapter 428 contains language that enables the ban with the votes by the cities.

“Under Section II, there is a provision that if the particular park is owned or operated jointly by different legislative entities then it requires the passage of the resolution by the majority of those who either jointly own or jointly operate the park,” Goddard said. “It’s my understanding that all of the parks that Blount County is involved in are jointly operated with the city of Maryville and the city of Alcoa under the umbrella of the Parks and Recreation Commission. It is further my understanding that Alcoa and Maryville have already passed legislation prohibiting the carry of handguns by a person who has a permit to carry in the parks. Therefore, it is already done with or without Blount County’s passage of its resolution.”

The County Commission was scheduled to vote on the resolution on Thursday, but Cunningham said that, given the new information, the resolution sponsor, Commissioner Mike Lewis, plans to ask the item be withdrawn from the agenda.