Parks Bill - Update 1 - Signed into law

[johnharris]

Various news sources are reporting that the bill has been recalled.

One of the more accurate reports has been done by Chas Sisk at the Tennessean. He correctly notes - "not yet."

http://blogs.tennessean.com/politics/20 ... #more-4582

Why?

On June 11, Rep. Nicely made a motion to recall. There was no roll vote or any voice vote.

The House Clerk described - prior to that action - the motion as premature and as a "contingency motion". The Clerk noted that the House did not have a motion from the Senate to recall the bill from the House. He characterized the motion as one that would only take effect if the Senate sent a message to the House requesting a recall.

See House video at 3 hours 9 minutes.

What is developing more clearly today is that a) some form of motion was made in the House but no vote was made - Speaker Williams struck it merely as "so ordered"; b) no motion has been made at this point in the Senate and, as of this morning, none is expected from the Senate sponsor Beavers, c) there has been no senate motion to recall directed by the Senate to either the House or the Governor.



http://tnga.granicus.com/MediaPlayer.ph ... ip_id=1639

[n24wheel]

The governor signed this into law today 6/12/2009 Effective date Sept 1 2009

David

[backwoodsman]

thats good, I guess they're giving all the local parks time to create ordinance's and post against carry, what a mysterious bunch of slight of hand going on with this bill, bredesens name should be willie or dick, tricky dicky or slick willy, maybe slick philly

[Lemonhead]

(a) For purposes of permitting municipalities or counties to elect to prohibit the
carrying of handguns in parks pursuant to § 39-17-1311(d), this act shall take effect
upon becoming a law, the public welfare requiring it.
(b) For purposes of it being lawful for persons authorized to carry a handgun
pursuant to § 39-17-1351, to carry in places owned or operated by the state or federal
government that are designated in Section 1 of this act, this act shall take effect upon
becoming a law, the public welfare requiring it.
(c) For purposes of it being lawful for persons authorized to carry a handgun
pursuant to § 39-17-1351, to carry in places owned or operated by municipalities or
counties that are designated in Section 1 of this act, this act shall take effect on
September 1, 2009.

[tnroadrunner]

I'm confused.....is this whole bill going into effect on Sept 1st or are parts of it going into effect at different times?

[johnharris]

Different times.

State goes into effect now.

Federal is in effect now (as far as the state is concerned) so National forests should be ok but national parks are not ok under federal law until Feb 2010.

Local parks are delayed until September 2009 to give local governments a chance to consider whether to close the local parks. Nashville has its first hearings on this issue on Tuesday, June 16.

[tnroadrunner]

Thanks John.

[69Charger]

I am confused about the Federal Parks issue. On 12-05-2008 the National Park Service announced that civilians could carry firearms in National parks. Why will this not be effective until Feb 2010?

[johnharris]

[AccurateOne]

I am trying to understand this so please bear with me. Fall Creek Falls would be OK now.

My local city park will be OK after Sept 1st. but only if it isn't posted as no firearms allowed.

Great Smoky Mountains National Park after Feb. 2010. The question I have is about the Cherokee National Forest which is within the GSMNP and is also a Wildlife Management Area (WMA). I assume that this law will never apply to the Cherokee National Forest in a closed hunting season because it is a WMA. Any thoughts.

[Menzoberranzan]

Could someone post the entire section of law (as recently amended) that will be in effect on September 1? I'm really curious as if it still contains the reference to the list of prohibited weapons from 39-17-1302.

If it does, is there any case law that applies this law to anything other than those weapons listed in 39-17-1302, or just an AG opinion?

[johnharris]

This is the link to the final language:

http://www.capitol.tn.gov/Bills/106/Chapter/PC0428.pdf

Now, section (a) was not amended but clearly the new language refers specifically to handguns.

[falcon1]

John Harris, a question:

The new law says that, if localities allow HCP holders to carry, they shall still keep the old chapter 39-17-1311(c)(1) signs up to signal that weapons are still prohibited to non-HCP holders. Then the law says that, if localities choose to opt-out, they must post the exact same chapter 39-17-1311(c)(1) signs to let the HCP holder know they have opted out.

How does that tell us anything? We still don't know....

[backwoodsman]

Your right! it tells us nothing, they need to be forced to post,stating that it includes hcp holders, otherwise it's a trap, suck you in, take your gun ,go to court, blah,blah,, it's bullshit, we cant let them be so vague.

[johnharris]

Its the way it is. The difference is that under this new law, the counties have to actually pass an ordinance regarding which parks are and are not open. Permit holders are going to have to a) be aware of signs and b) be aware of ordinances.

It all part of the reason that we got one step forward but the final solution is going to be to take this option away - period.

[marauder]

just heard on the radio the city of johnson city might be taking this issue up at the city comissioner's meeting tonight. i have dispatched emails to the comissioners and am awaiting their replies as to whether the issue is coming up tonight and if so how they plan on voting. i'm currently waiting to see if i need to put a mad dash on canceling my evening's plans and quickly writing a speech and seeing what i need to do to get the opportunity to speak on our behalf.

EDIT:
the parks issue is listed on the agenda for tonight so i'm canceling my plans and will be in attendance barring any unforseen circumstances. i'm going to start working on my speech now, hopefully i won't have to use it but i'm guessing we have just enough liberals on the board that i'll need to speak to prove the point.