ordinances prohibiting carry of firearms prior to 1986 ?
Posted: Sat Oct 17, 2009 5:59 pmI know TCA 39-17-1314 was amended by public chapter 428 to say:
"Except as provided in 39-17-1311(d), which allows counties and municipalities to prohibit the possesion of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by a county, a municipality, or instrumentality thereof, no city, county or metropolitan governmentshall occupy any part of the field of regulation of the transfer, ownership, possession, or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolutionlawfully enacted before April 8, 1986."
Nashville and Brentwood Tennessee have ordinaces regulating firearms and both have laws which are older than April 8, 1986.
Nashville Parks ordinance:
13.24.440 Explosives, fireworks and firearms.
No person shall bring into or have in his possession in any park any firearms, slingshots, firecrackers, torpedoes, fireworks or other missile propelling instruments or explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or contiguity with other substances, mixtures, compounds or articles may propel missiles or may decompose suddenly and generate sufficient heat, sound, gas or pressure or any or all of these to produce rapid flames, combustion or noxious or dangerous odors or sounds such as to annoy any other person or to injure any person or property.
(Prior code § 30A-1-9)
[i]This was amended
Unlike the ordinance which covers "general carry" this one doesn't have an exception for someone who is entitled by law to carry.
Nashville ordinance covers everywhere else in the city:
11.36.110 Carrying certain weapons prohibited--Exceptions.
A. It is unlawful for any person within the urban services district, to carry, publicly or privately, any dirk, razor concealed about his person, sword cane, loaded cane, slung-shot or brass knucks, Spanish stiletto, belt or pocket pistol, revolver or any kind of pistol, except the army or navy pistol usually used in warfare, which shall be carried openly.
B. It shall be the duty of every police officer who sees any person with or knows of any person carrying the weapons named in this section to immediately arrest every such person.
C. The provisions of this section relating to carrying of deadly weapons do not extend to police or other officers or persons who are entitled by law to carry such deadly weapons, nor do they extend to the act of handling or moving such deadly weapons in any ordinary business way.
(Prior code § 41-2-11)
I haven't seen any signs in Davidson Co. parks so I guess they are going by their lawyers opinion.
I know about the which says signs are not needed to warn people.[/url]
Brentwood Tennessee is a little different and the only ordinance I could find regarding weapons was this:
[url=http://www.brentwood-tn.org/index.aspx?page=261]Sec. 42-161. Weapons and firearms generally.
(a) It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk knife, blackjack, brass knucks, pistol, revolver or any other dangerous weapon or instrument.[/url]
They do not make any exceptions for someone who is authorized or entitled to carry. I'm pretty sure their law goes back to at least 1977.
It seems to me since their law is older than 1986 that TCA 39-17-1314 allows them to prohibit weapons.
I wasn't able to find a Brentwood resolution prohibiting carry in parks, but most of their parks are posted. I found two which were not. So, I'm not even sure if I can carry in the unposted parks. Not even sure I can carry in the city period.
My question is:
1. Does TCA 39-17-1314 apply to parks only or to all firearm ordinances which were in existence prior to April 8, 1986? Because if it does apply to any ordinance that means someone with a HCP can't carry in Brentwood, right?
"Except as provided in 39-17-1311(d), which allows counties and municipalities to prohibit the possesion of handguns while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place that is owned or operated by a county, a municipality, or instrumentality thereof, no city, county or metropolitan governmentshall occupy any part of the field of regulation of the transfer, ownership, possession, or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolutionlawfully enacted before April 8, 1986."
Nashville and Brentwood Tennessee have ordinaces regulating firearms and both have laws which are older than April 8, 1986.
Nashville Parks ordinance:
13.24.440 Explosives, fireworks and firearms.
No person shall bring into or have in his possession in any park any firearms, slingshots, firecrackers, torpedoes, fireworks or other missile propelling instruments or explosives, including any substance, compound, mixture or article having properties of such a character that alone or in combination or contiguity with other substances, mixtures, compounds or articles may propel missiles or may decompose suddenly and generate sufficient heat, sound, gas or pressure or any or all of these to produce rapid flames, combustion or noxious or dangerous odors or sounds such as to annoy any other person or to injure any person or property.
(Prior code § 30A-1-9)
[i]This was amended
Unlike the ordinance which covers "general carry" this one doesn't have an exception for someone who is entitled by law to carry.
Nashville ordinance covers everywhere else in the city:
11.36.110 Carrying certain weapons prohibited--Exceptions.
A. It is unlawful for any person within the urban services district, to carry, publicly or privately, any dirk, razor concealed about his person, sword cane, loaded cane, slung-shot or brass knucks, Spanish stiletto, belt or pocket pistol, revolver or any kind of pistol, except the army or navy pistol usually used in warfare, which shall be carried openly.
B. It shall be the duty of every police officer who sees any person with or knows of any person carrying the weapons named in this section to immediately arrest every such person.
C. The provisions of this section relating to carrying of deadly weapons do not extend to police or other officers or persons who are entitled by law to carry such deadly weapons, nor do they extend to the act of handling or moving such deadly weapons in any ordinary business way.
(Prior code § 41-2-11)
I haven't seen any signs in Davidson Co. parks so I guess they are going by their lawyers opinion.
I know about the which says signs are not needed to warn people.[/url]
Brentwood Tennessee is a little different and the only ordinance I could find regarding weapons was this:
[url=http://www.brentwood-tn.org/index.aspx?page=261]Sec. 42-161. Weapons and firearms generally.
(a) It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk knife, blackjack, brass knucks, pistol, revolver or any other dangerous weapon or instrument.[/url]
They do not make any exceptions for someone who is authorized or entitled to carry. I'm pretty sure their law goes back to at least 1977.
It seems to me since their law is older than 1986 that TCA 39-17-1314 allows them to prohibit weapons.
I wasn't able to find a Brentwood resolution prohibiting carry in parks, but most of their parks are posted. I found two which were not. So, I'm not even sure if I can carry in the unposted parks. Not even sure I can carry in the city period.
My question is:
1. Does TCA 39-17-1314 apply to parks only or to all firearm ordinances which were in existence prior to April 8, 1986? Because if it does apply to any ordinance that means someone with a HCP can't carry in Brentwood, right?