TN Attorney General Opinion good very GOOD

TN Attorney General Opinion good very GOOD

This is a discussion on TN Attorney General Opinion good very GOOD within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Cities and Counties can not over ride state law allowing firearms in parks and alcohol serving businesses. 6/17/2009 - State Attorney General Says Municipalities Have ...

Results 1 to 7 of 7
  1. #1
    Member Array albundy's Avatar
    Join Date
    Nov 2006
    Location
    north georgia
    Posts
    230

    TN Attorney General Opinion good very GOOD

    Cities and Counties can not over ride state law allowing firearms in parks and alcohol serving businesses.

    6/17/2009 - State Attorney General Says Municipalities Have No Say-so Over Guns - Breaking News - Chattanoogan.com


    State Attorney General Says Municipalities Have No Say-so Over Guns
    posted June 17, 2009

    The state attorney general's office has ruled that municipalities have no say-so over whether guns can be taken into restaurants or parks.

    A six-page opinion says the state legislature has exclusive jurisdiction over gun issues.

    Since the legislature recently passed a bill allowing those with gun-carry permits to take guns into restaurants and parks a number of municipalities and county governments have tried to keep guns out of restaurants and parks in their local jurisdictions.

    The Chattanooga City Council, Hamilton County Commission and the Red Bank City Council are among local bodies saying they do not want guns in their restaurants and parks.


    The opinion says "while municipalities have broad discretion to regulate the sale of beer through the permit process as described in (state law), a local ordinance banning 'any person' other than on-duty law enforcement officers from possessing a firearm in an establishment with an on-premises beer permit is not the regulation of the sale of beer, but rather is a local regulation pertaining to the possession of firearms and is therefore prohibited by (state law)."

    It also said, "the plain meaning of the language of (state law) leads to the conclusion that the General Assembly has preempted local governments from any authority to regulate the possession of firearms except as expressly provided for by statute. Accordingly, the proposed Metropolitan Government ordinance amending Chapter 7.08 of the Metropolitan Code to prohibit firearms in any establishment with an on-premises beer permit exceeds the authority delegated to a municipality and would therefore be preempted by the state's exclusive right to regulate firearms as stated in (state law).


  2. #2
    Member Array CPTMO's Avatar
    Join Date
    Jan 2009
    Location
    North Mississippi
    Posts
    165
    This is great. Memphis just passed no carry in city parks. Will this help to overturn that?
    The best preventative medicine is superior fire power.

  3. #3
    Member Array CPTMO's Avatar
    Join Date
    Jan 2009
    Location
    North Mississippi
    Posts
    165
    Memphis Says No to Guns in Parks|myEyewitnessNews.com, Memphis News, Entertainment, Videos, Business Search and Shopping


    Memphis Says No to Guns in Parks
    Contributor: Shane Myers
    Email: smyers@myeyewitnessnews.com
    Contributor: Associated Press


    MEMPHIS, TN – The Memphis City Council voted to “opt-out” of a bill that was signed into law allowing guns in Tennessee parks.

    The council voted 13 to 2 on the issue, Tuesday, June 16, 2009. The ordinance would ban anyone from carrying guns to public parks, playgrounds, civic centers and other public recreational buildings in Memphis.

    The bill to allow handguns to be carried in city or county parks in Tennessee was signed into law by Governor Phil Bredesen and will take effect September 1st.
    The best preventative medicine is superior fire power.

  4. #4
    Senior Moderator
    Array HotGuns's Avatar
    Join Date
    Dec 2004
    Location
    Arkansas
    Posts
    14,925
    This is great. Memphis just passed no carry in city parks. Will this help to overturn that?
    It would seem so.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  5. #5
    VIP Member Array paramedic70002's Avatar
    Join Date
    Jun 2006
    Location
    Franklin, VA
    Posts
    5,137
    Small minded idiots. Never learned how to pick their fights. Way to volunteer to be a loser!
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

  6. #6
    VIP Member
    Array falcon1's Avatar
    Join Date
    Jan 2006
    Location
    Tennessee
    Posts
    6,484
    Quote Originally Posted by CPTMO View Post
    This is great. Memphis just passed no carry in city parks. Will this help to overturn that?
    No, it will not. The "opt-out" provision for local parks was a specific provision written into the park-carry law by the General Assembly. The reason local park carry does not become effective until 1 September 2009 by the state statute is to allow time for local governments to pass resolutions banning carry in local parks if they choose.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

    Veteran--USA FA
    NRA Benefactor Life
    Tennessee Firearms Association Life

  7. #7
    Senior Member Array highoctane's Avatar
    Join Date
    Apr 2009
    Location
    tn
    Posts
    614
    Awesome! Good news

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Good Pro 2A Defence Attorney in No Virginia
    By Fenris in forum Concealed Carry Issues & Discussions
    Replies: 6
    Last Post: June 21st, 2009, 08:01 PM
  2. 23 State Attorneys General To Attorney General Holder: "No Semi-Auto Ban"
    By Chroode in forum The Second Amendment & Gun Legislation Discussion
    Replies: 45
    Last Post: June 15th, 2009, 03:05 AM
  3. Good: Mobile Alabama District Attorney says...
    By ArmyCop in forum In the News: The Good, the Bad and the Ugly
    Replies: 5
    Last Post: February 22nd, 2009, 05:51 AM
  4. New Attorney General ??? (Merged)
    By jfl in forum The Second Amendment & Gun Legislation Discussion
    Replies: 40
    Last Post: November 26th, 2008, 01:15 AM
  5. New DC Attorney General fires lead attorney in Heller case
    By Scott in forum The Second Amendment & Gun Legislation Discussion
    Replies: 8
    Last Post: January 4th, 2008, 01:17 AM

Search tags for this page

attorney general opinions tennessee

,

attorney general opinions tennessee beer

,

chattanooga gun carry parks prohibited

,

tennessee attorney general opinion carrying baton

,

tennessee parks carry

,

tn attorney general heller

,

tn attorney general opinion carrying batons

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors