Statute of Limitations

[CarlS]

If a public official has admitted, during a recorded council meeting, to having illegally carried weapons for the purpose of going armed, what is the Tennessee and/or Federal statutue of limitations? I am seeking info for inclusion in an article to be published highlighting the contents of the official meeting minutes.

[johnharris]

Off the cuff so don't hold me to this but in Tennessee I think that for any crime punishable by death or life imprisonment there is no statute of limitations. For others they are Class A felony - 15 yrs.; Class B felony - 8 yrs.; Class C or D felony - 4 yrs.; Class E felony - 2 yrs. Most misdemeanors are 1 year. Thus, on a weapons charge it could be a 1 to 2 year statute of limitations.

[CarlS]

Thanks, John. A follow-up (see Notes below): My wife called the local police supervisor this a.m. and asked "If we do what the Mayor said and disobey the No Guns law, and we ever have to use our weapons, will we be charged with a felony?" He replied that he wasn't sure and said don't quote me on this but I think it would only be a misdemeanor since this is a city ordinance and not a state law, and he asked her to cal back later so he could research it. He said that on a personal level, he was for the ban because he is not sure of the qualifications of all the permit holders but is sure of the police officers' qualifications. When she brought up the issue of using a weapon for selof-defense, as a woman who would not be able to overcome an attacker, he said "there are all kinds of self-defense classes you could take ..." Later the City Clerk called her back and said THAT she too thought it would be a misdemeanor, but wasn't sure; that she would mail a copy of the minutes along with a copy of the Codes & Penalties (city) on or about 8/14.



Notes from Cookeville City Council Meeting, August 06, 2009
(seek copy of minutes, including recordings)

Gun Ban for Parks Passed with one dissenting vote
Cookeville City Council says we don’t have enough crime; Guns in Parks ban therefore needed to keep us safe

Mayor Admits to Crimes:
-carrying unlicensed firearms; what is statute of limitations; what would affect be on eligibility to retain office, etc?
-speeding; says we all speed and break that law so breaking an unenforceable law is probably what we would do; therefore he wants to keep guns out of parks since we, like him, are prone to law-breaking.
-provides analogy; he was carrying a knife in a park and lost it, so was concerned about safety of any child who might pick it up. Therefore guns should not be allowed in parks; the implication being that licensed carriers are just as careless of their guns as he was of his knife and therefore can’t be trusted.

Council members castigate State Legislature
-Tennessee legislature should have handled guns in park law at state level; instead pushed down to local level. Says local government required to do something; disregarding fact that state law requires no action to affirm and let law take effect. Statements made that the city must ban guns now because the state law allows for an early opt-out, and later an opt back in, but if the opt out is not taken, then there is no means for future opt out. State legislature said to be at fault for forcing city to take stance restricting rights,

Mayor and other council members state that law is unenforceable; Civil Disobedience suggested
-statements made that there is no way to stop criminals from carrying in parks nor to stop licensed individuals. Statements made that it is better to carry than to be carried and that if you do carry in a park and are required to use a gun in self-defense, that the law has written in it a provision for non-prosecution.

Mayor states you’re not safe anywhere, you take your chances every day, so he is for gun ban.

All citizens, except 2, spoke strongly in favor of NOT banning guns. Citizen commentary, limited to 3 minutes each, took over 1 hour by Mayor. Council members early statements, facial expressions and body language proclaimed their pre-determined vote. They claimed email and telephone contacts were running 3 to 1 in favor of the ban. Where is record of calls, emails, etc; what are actual numbers?

Final statements by council members all expressed their need to vote their feelings, except for one, Ryan Williams, who stated that he continue to would serve the people. he was the only one to vote against the gun ban.

After the vote, the majority of citizens walked out in anger and disgust.

[lilredhunter]

I am no attorney but in reading your last post Carls, it sounds like the council had their minds made up before going into session. Therefore they opted to ban firearms in theie parks. One council member was pro gun and was the dissenting vote, that councilman made the statement that it was an unenforceable law. It seemed his suggestion was to break the law , to permit holders. It is like he was saying that permit holders would be the equal of the criminals who choose to carry in the parks.

[CarlS]

Actually, everyone except that coucni member said that the law was unenforceable; speecifically the Mayor, Vice Mayor, and the City Attorney. Then they told us that if we should get caught carrying in apark ( hint, hint ) and had to use our weapons, that there is a provision in the law to allow them to not prosecute. Note the word "allow". I have requested a video DVD recording of the meeting and should have it in a week or so, along with the "official" minutes. It will be interesting to compare the two and see what made it into the official minutes versus what we the citizens and they the "central committee" actually said.

I must say, the Mayor is rather handy with a gavel ! He was bound and determined that HIS meeting would not have any citizen outbursts. There were a few, though.