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Thread: Local library

  1. #1
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    Local library

    My local library after being open for 60 years just put up a gun buster last week .
    How the heck do they think they have that right . A public library is not a private business nor is it federal property or is it a state building . Pretty sure they can't legally ban firearms . It's not a city or county thing cause tenn has state preemption .a public library is akin to the road in front of my house .
    Last edited by Xion; 09-14-2014 at 02:15 PM.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Xion View Post
    My local library after being open for 60 years just put up a gun buster last week .
    How the heck do they think they have that right . A public library is not a private business nor is it federal property . Pretty sure they can't legally ban firearms . It's not a city or county thing cause tenn has state preemption .a public library is akin to the road in front of my house .
    Makes no odds sadly. My state (Wisconsin) has preemption yet i'm told they are allowed to ban firearms in public buildings. Of course TN may very well be different and a resident may have info on whether they actually can.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Moderator / Administrator Grapeshot's Avatar
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    Was the revised preemption bill (HB0581, 2013-2014) not passed, made law?
    http://legiscan.com/TN/text/HB0581/id/716039
    http://legiscan.com/TN/bill/HB0581/2013

    Further in 2004 the Tennessee AG has issued an opinion that would seem to cover this quite well.
    http://www.tn.gov/attorneygeneral/op/2004/op/op20.pdf
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    Quote Originally Posted by rightwinglibertarian View Post
    Makes no odds sadly. My state (Wisconsin) has preemption yet i'm told they are allowed to ban firearms in public buildings. [ ... ]
    Here is your state, Wisconsin's preemption statute:

    §66.0409 Local regulation of firearms. [ ... ] (2) Except as provided in subs. (3) and (4), no political subdivision may enact an ordinance or adopt a resolution that regulates the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any firearm or part of a firearm, including ammunition and reloader components, unless the ordinance or resolution is the same as or similar to, and no more stringent than, a state statute.
    Here is your state, Wisconsin's state statute on firearms in public buildings:

    §941.235  Carrying firearm in public building. (1) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is guilty of a Class A misdemeanor.
    Political subdivisions of the state of Wisconsin are counties, cities, towns and villages.
    I am responsible for my writing, not your understanding of it.

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Nightmare View Post
    Here is your state, Wisconsin's preemption statute:



    Here is your state, Wisconsin's state statute on firearms in public buildings:



    Political subdivisions of the state of Wisconsin are counties, cities, towns and villages.
    Looks like a contradiction to me. Insane the way rights have to be legislated when we already have them via the Constitution

    never mind thats a discussion for the Wisconsin sub-forum
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    Quote Originally Posted by rightwinglibertarian View Post
    Looks like a contradiction to me. ...
    What is the contradiction by the state, please? The sovereign state says subcivisions may not further regulate firearms than the sovereign does itself, and the sovereign regulates and prohibits firearms in public buildings, where is the contradiction? Don't make a fool of yourself and prate of the uninfringed Second Amendment, as our COTUS was written to bind the federal government and not the several sovereign states.
    I am responsible for my writing, not your understanding of it.

  7. #7
    Regular Member Fallguy's Avatar
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    TN law allows local governments to ban firearms on government property per 39-17-1359.

    A revision to 39-17-1359 a few years ago (same time restaurant carry was passed) also made the "gunbuster" symbol alone a legal posting where as before it wasn't without some wording.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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    Regular Member rightwinglibertarian's Avatar
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    Quote Originally Posted by Nightmare View Post
    What is the contradiction by the state, please? The sovereign state says subcivisions may not further regulate firearms than the sovereign does itself, and the sovereign regulates and prohibits firearms in public buildings, where is the contradiction? Don't make a fool of yourself and prate of the uninfringed Second Amendment, as our COTUS was written to bind the federal government and not the several sovereign states.
    I would strongly disagree there. States may be able to contradict some federal laws but not the Constitution. We've seen the so-called buffer zones around abortion clinics rules illegal even in the peoples republic of Massachusetts, Maine removed theirs and NH at least had it challenged. More on topic, how come as 2A supporters we fight illegal so-called laws in courts? Because of the federal Constitution which overrides state law. Otherwise everyone may as well just give up the fight to 2A rights and let the tyrants in DC and the states do what they want.
    "Which part of shall not be infringed is so difficult to understand"?

    "Any and all restrictions on the bearing of arms in public places are nullified as per the Second Amendment"

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    FallGuy is Right.

    Tennessee Law 39-17-1359 Allows a Government Building to Opt Out of Firearms.

    Interestingly though..., The Caption to that Law Reads: 'Prohibition of [Firearms] at Certain MEETINGS', but The Statute ALLOWS The Entire Government Building to be Banned to Carry, not just The MEETING Itself.

    This, in My Opinion, is Something The Legislature needs to Fix.

    aadvark
    Last edited by aadvark; 09-13-2014 at 12:46 PM.

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    Library is not a government building . I made that point . It's public property . I'm aware that a government building can opt out . I work for the Tennessee government . I'm just musing about what BS loop hole they'd claim .
    Last edited by Xion; 09-14-2014 at 02:16 PM.

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    Sadly still no info .

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    Accomplished Advocate BB62's Avatar
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    Quote Originally Posted by Xion View Post
    Sadly still no info.
    What more do you want??

    Multiple people have responded to you about various aspects of TN law - but what actions have you taken to nail down the answer to your question?

    Don't whine - TAKE ACTION and tell us what you've done. If necessary, more advice will be forthcoming.

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    Regular Member Fallguy's Avatar
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    Quote Originally Posted by Xion View Post
    Library is not a government building . I made that point . It's public property . I'm aware that a government building can opt out . I work for the Tennessee government . I'm just musing about what BS loop hole they'd claim .
    Explain the difference between government owned and owned by the public to me please. Maybe I don't understand.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

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    Quote Originally Posted by Fallguy View Post
    Explain the difference between government owned and owned by the public to me please. Maybe I don't understand.
    Government (officers) are elected. A non-government public entity is commissioned by the government, as a library board is commissioned to operate a library including the structure.
    I am responsible for my writing, not your understanding of it.

  15. #15
    Regular Member Fallguy's Avatar
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    Quote Originally Posted by Nightmare View Post
    Government (officers) are elected. A non-government public entity is commissioned by the government, as a library board is commissioned to operate a library including the structure.
    In this case regardless of who runs it or who owns it, it can be posted per current TN law
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  16. #16
    Regular Member HPmatt's Avatar
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    Local library

    The Texas AG opinion just issued went into great detail talking about how a court and related offices are GFZ but the rest of the building cannot be, and the Legislature implemented fines if the government entity tries to extend GFZ to the rest of the building. Also gave LACs right of standing to bring action on government entities violating the law.

    Might be something Legislators in TN might emulate.

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    Last edited by HPmatt; 12-23-2015 at 01:10 PM.
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    Quote Originally Posted by Xion View Post
    Library is not a government building . I made that point . It's public property . I'm aware that a government building can opt out . I work for the Tennessee government . I'm just musing about what BS loop hle they'd claim .
    sounds like Ohio where a public building is off limits including librAry

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    Quote Originally Posted by Fallguy View Post
    In this case regardless of who runs it or who owns it, it can be posted per current TN law
    No actually it can't , public like parks are forbidden from
    Posting . The sign is illegal plain and simple .

  19. #19
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Xion View Post
    No actually it can't , public like parks are forbidden from
    Posting . The sign is illegal plain and simple .
    You play the same melody, but others are not humming the tune.

    Please cite where parks and public/government buildings are restricted from control of guns.

    http://attorneygeneral.tn.gov/op/2008/op/op26.pdf
    Last edited by Grapeshot; 05-04-2016 at 10:53 AM. Reason: added
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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