Knoxville will not vote on Parks issue.

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Knoxville will not vote on Parks issue.

Postby C. Richard Archie » Tue Aug 04, 2009 11:08 pm

From the Knoxville Mayor:

"I am writing to keep you in the loop regarding the guns in parks issue. When I last corresponded with you Knoxville City Council had postponed a vote on exercising the "opt out" provisions of the law passed during the last legislative session. This provision allowed those with legal permits to carry in city parks. The resolution addressing this matter was scheduled for a vote at the August 25th City Council meeting and a workshop was set for August 20th.

However, in reviewing the law and related documents the City Council Attorney and the City Law Director have concluded that the city ordinance that outlaws firearms would remain in effect regardless of any council action because the provisions of the newly enacted state law "shall not affect the validity of any ordinance or resolution lawfully enacted prior to April 8, 1986." The Knoxville city ordinance outlawing firearms in parks was passed well before that date.

A Council workshop is scheduled for August 20th at 5PM to hear from citizens and to discuss this matter. Thank you for your support of the second amendment and your interest in the guns and parks issue in Knoxville. I am committed to upholding our second amendment rights."

How the ruling Junta feels about HCP Holders.

We need to gear the Legislature up to modern standards, we now know the way some of our City Governments view us.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

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Re: Knoxville will not vote on Parks issue.

Postby johnharris » Wed Aug 05, 2009 11:54 am

Seems to me to be a poor result from a "pro gun" candidate.

Since he did not offer it, some constituents might consider asking him to request in writing that the council repeal the existing ordinance....

He can't straddle the fence then.
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Re: Knoxville will not vote on Parks issue.

Postby C. Richard Archie » Wed Aug 05, 2009 12:23 pm

johnharris wrote:Seems to me to be a poor result from a "pro gun" candidate.

Since he did not offer it, some constituents might consider asking him to request in writing that the council repeal the existing ordinance....

He can't straddle the fence then.


Excellent idea, such a move on his part would give proof to his contention that he is "committed to upholding our second amendment rights". Were he to appear in person at the workshop on the 20th to lead a quest for that very solution, it would make a more strident statement.
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Re: Knoxville will not vote on Parks issue.

Postby n24wheel » Wed Aug 05, 2009 9:38 pm

Where does it say in the Parks law that any local law passed before 1986 is exempt from the new state law?

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Re: Knoxville will not vote on Parks issue.

Postby ProguninTN » Fri Aug 07, 2009 10:42 am

n24wheel wrote:Where does it say in the Parks law that any local law passed before 1986 is exempt from the new state law?

David


It's not in the parks law. It is found in the state preemption statute.

See TCA 39-17-1314 subsection (a). http://www.michie.com/tennessee/lpext.d ... &cp=tncode
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Re: Knoxville will not vote on Parks issue.

Postby macville » Fri Aug 07, 2009 2:41 pm

The goal right now needs to be to get the city council to strike down the old law and then not op-out. I think there might actually be a chance of that if the Aug 20th meeting goes well. Maybe we need to let Haslam know that he should suggest to the council that it would be wise to strike down the old law and then not opt out. I don't think he can actually propose anything, but he can suggest things I believe.

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Re: Knoxville will not vote on Parks issue.

Postby ProguninTN » Fri Aug 14, 2009 1:26 pm

macville wrote:The goal right now needs to be to get the city council to strike down the old law and then not op-out. I think there might actually be a chance of that if the Aug 20th meeting goes well. Maybe we need to let Haslam know that he should suggest to the council that it would be wise to strike down the old law and then not opt out. I don't think he can actually propose anything, but he can suggest things I believe.

Matthew


Well, I bid you good luck. Haslam is a member of Bloomberg and Menino's anti-gun group, so I'm not sure how supportive he is of parks carry.
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Re: Knoxville will not vote on Parks issue.

Postby macville » Fri Aug 14, 2009 9:39 pm

ProguninTN wrote:Well, I bid you good luck. Haslam is a member of Bloomberg and Menino's anti-gun group, so I'm not sure how supportive he is of parks carry.


Correction, he WAS a member. To be honest, everything that was presented for that group is everything we would agree on as gun owners. Their text said to stop illegal guns. I agree with that. However, when Bloomberg started to take it more radical, Haslam left.

Considering that Haslam was willing to attend July's TFA meeting, has been keeping those of us who support park carry informed, and other small things he's said recently in my communication, I believe he is actually in favor of park carry. However, as mayor he doesn't have much power to force the city council to do anything.

As it stands right now (unless the actually op-out on the 25th, which it doesn't look like they will), if you get caught with firearm in a city park it will only be a $50 fine and can not affect your permit. The fact is kinda interesting (either that, or they are really stupid.) If they were really liberal wackos then they would make sure that carrying in the parks would have more of a penalty than a $50 fine. So, I actually think there may be hope to get them to vote in favor of not opting out.

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Re: Knoxville will not vote on Parks issue.

Postby ProguninTN » Sun Aug 16, 2009 3:03 pm

macville wrote:
ProguninTN wrote:Well, I bid you good luck. Haslam is a member of Bloomberg and Menino's anti-gun group, so I'm not sure how supportive he is of parks carry.


Correction, he WAS a member. To be honest, everything that was presented for that group is everything we would agree on as gun owners. Their text said to stop illegal guns. I agree with that. However, when Bloomberg started to take it more radical, Haslam left.

Considering that Haslam was willing to attend July's TFA meeting, has been keeping those of us who support park carry informed, and other small things he's said recently in my communication, I believe he is actually in favor of park carry. However, as mayor he doesn't have much power to force the city council to do anything.

As it stands right now (unless the actually op-out on the 25th, which it doesn't look like they will), if you get caught with firearm in a city park it will only be a $50 fine and can not affect your permit. The fact is kinda interesting (either that, or they are really stupid.) If they were really liberal wackos then they would make sure that carrying in the parks would have more of a penalty than a $50 fine. So, I actually think there may be hope to get them to vote in favor of not opting out.

Matthew


Well, that that is good that there may be hope, and Haslam vacated the group. They claim they're against "illegal guns", but to them, all privately owned guns should be illegal.
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Re: Knoxville will not vote on Parks issue.

Postby tkdmavrick » Tue Sep 08, 2009 12:50 pm

Last week, Thursday September 3, Knoxville City Council had a "guns in parks" workshop. People from both sides spoke (TFA was WELL represented) and then the KCC spoke amongst themselves. The current situation in Knoxville, is that KCC passed an ordinance prohibiting guns in Knoxville parks prior to April 1986 (the grandfather "date" as set forth in the state pre-emption law (39-17-1314). The penalty is currently a civil penalty with a $50 fine. If KCC rescinds this ordinance then they must "opt-out" or not. "Opting-out" would criminalize park carry in Knoxville as a Class A misdemeanor. I believe that the KCC will vote on rescinding the ordinance at the next KCC meeting 9/22/09.

There are three governmental entities around Knoxville. They are : City of Knoxville, Town of Farragut, and Knox County. Currently, as per my understanding, Knox County and Farragut have NOT "opted-out" so carrying in Knox County and Town of Farragut parks is legal as of 9/1/09.
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Re: Knoxville will not vote on Parks issue.

Postby tkdmavrick » Tue Sep 22, 2009 9:09 pm

The Knoxville City Council finally got around to voting about "opting out" or "opting in". With great courage, they did neither. Councilman Steve Hall, who is very pro gun, tried to rescind an old pre '86 ordnance that prohibited firearms in Knoxville parks. The vote was 6-3 against the motion to rescind. That means that the status quo in Knoxville remains the same. So ....if you want to carry in Knoxville city parks, in my opinion, go ahead. The penalty, if caught is a $50 civil penalty ...no misdemeanor ...no felony.... nothing against state law ...... perhaps nothing against your permit. Just a civil penalty. I asked many people, including Steve Hall, if I could pre-pay my fine, since I had my credit card with me.

Care to chime in on this John Harris? Legal issues? Intent to go armed?
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Re: Knoxville will not vote on Parks issue.

Postby tkdmavrick » Tue Sep 22, 2009 9:58 pm

By the way folks,

I recorded the city council meeting with all speakers ..... I would be glad to provide a copy in an email to whoever wants one.

TKDMavrick@aol.com
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