The state of the gun in Tennessee 2015

January 2016 saw the Tennessee Legislature convene with many bills introduced that related to guns and gun rights. Some good, some bad. Union County residents may feel distant from the Legislature in Nashville, but bills that become law affect all Tennesseans. One bill that, if passed and signed into law, would greatly restore the Second Amendment is SENATE BILL 1483/HOUSE BILL 1748, the Constitutional Carry Bill, by Green and Matheny. With a watchful eye toward what may happen in Nashville, now is a good time to review some of the laws that were in effect through 2015. Then we will return to discuss this bill.
Tennessee passed a shall-issue handgun carry law in the early 1990’s, meaning anyone who met certain objective criteria, and could afford the cost, could get a handgun carry permit (hcp). This modern trend of shall-issue started in Florida, and eventually spread across most of the states.
The Early Years
In the earliest years, Tennessee sheriffs issued the permits. Each of the ninety-five sheriffs made up his own rules, with the inevitable confusion generated by those rules. The Knox County sheriff only allowed a person to qualify with one gun. If that person decided to carry a different gun, the person had to go and qualify again, and get the new gun put on the permit; with the old one taken off. It required a state Attorney General opinion to stop that foolishness. Rumor had it that at least one sheriff allowed only certain brands of guns. In response, the Legislature removed the permitting process from the sheriffs, and turned it over to the DMV.
The law as originally passed had a post or announce provision, which meant that a business owner could (at least theoretically) stand in the back room at 3 a.m. and announce that his property was posted. Then if a permitted individual entered the premises, he would be in violation and could be charged. The announce provision was subsequently rescinded.
The Changes
The law went through several modifications to the posting provision, with a specific verbiage and size sign required to post a property during one time period. Currently, property owners or custodians can post using the prescribed verbiage, or the circle and slash symbol. See T.C.A.§ 39-17-1359.
There were changes as to where permit holders were prohibited by law from carrying (not to be confused with posted property). These include the removal of the original prohibition on carry in convenience stores and grocery stores that sold beer. Eventually, liquor stores were removed as prohibited places. Restaurants that serve alcoholic beverages were removed. This bill was called the Guns in Bars bill. City newspapers editorialized that passage of these bills would return us to the wild west; and that there would be blood running in the streets. That didn’t happen. What did happen is that some groups who wanted to have an adult beverage would have not only a designated driver, but a designated shooter. That individual carried his gun, and refrained from drinking when out with the group.
The Parks
2009 saw the passage of parks carry in Tennessee. Once again, editors erroneously predicted a bloodbath across the state. Again, it didn’t happen. Unfortunately, the state gave local governments authority to opt out of parks carry. Knox County opted in, and conformed to the state parks, but the City of Knoxville and the Town of Farragut opted out.
In 2010, national parks carry was passed, with parks conforming to state law in each state they are located in. For example, the Great Smoky Mountains National Park conforms to Tennessee law on the Tennessee side, but North Carolina law applies on their side of the state line.
In 2015, the opt-out provision was removed from local governments. The Town of Farragut immediately jerked their posted signs down from their parks, even though the law did not require removal of the signs. Knoxville moved in the other direction, continuing to post Chilhowee Park (saying it’s not a park) during the Tennessee Valley Fair. NRA has supported a suit against this egregious civil rights violation by the City, and Tennessee Firearms Association is considering another suit.
The Vehicle
Prior to July 1, 2014, if a firearm was carried in a vehicle, the carrier had to have a HCP, or else the firearm had to be unloaded and unavailable for personal defense. On that date, Tennessee legalized carry of a handgun or long gun for carry, fully loaded, in a vehicle. NO PERMIT REQUIRED! But, step out of that car with your gun, and you immediately become a lawbreaker. Some exceptions to car carry apply, such as in wildlife management areas and school zones.
The other 2nd Amendment Protected Arms
2014 also saw the repeal of the knife length and switchblade bans in Tennessee, making it legal to carry a knife of any length, and to carry a switchblade.
Now, Tennessee has a Republican supermajority in the House and Senate and a Republican Governor. The big question is whether or not those in power will let some good gun bills move forward in the House and Senate. At my http://KnoxGunGuy.com web site, I have written two articles advocating the Constitutional Carry Bill. One article includes the bill and my commentary on it. The other article seeks citizen signatures on an electronic petition. Readers are encouraged to read those, then sign and circulate the petition all across the Volunteer State.
Liston Matthews is a longtime firearms civil rights advocate in Knoxville, TN. He is involved with the Tennessee Firearms Association, and executive director of the Farragut Gun Club. Visit his website at http://www.KnoxGunGuy.com. Join him on Facebook at
https://www.facebook.com/liston.matthews?fref=ts, and on Twitter, @Knoxgunexaminer
http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1483
http://www.gun-nuttery.com/rtc.php
http://www.lexisnexis.com/hottopics/tncode/
http://www.examiner.com/article/would-saint-peter-pack-a-pistol-a-natio…
http://www.examiner.com/article/parks-gun-ban-removed-what-are-you-goin…
http://www.knoxgunguy.com/2015/09/knoxville-indicating-it-will-ignore.h…
http://goodhillpress.blogspot.com/2014/05/vehicle-carry-legal-july-1-in…
http://www.examiner.com/article/new-freedom-for-stan-stilleto-tennessee
http://www.knoxgunguy.com/2016/01/tennessee-constitutional-carry-bill-o…
http://www.knoxgunguy.com/2016/01/tennessee-constitutional-carry-petiti…
http://tennesseefirearms.com/
http://www.farragutgunclub.com/
- Log in to post comments