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Thread: Carry in Maryville, TN?

  1. #1
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    Carry in Maryville, TN?

    Howdy all. The wife and I are looking at retiring to the Maryville/knoxville area and we are seriously looking at a house in the Maryville area. When researching the weapons discharge ordinances I found this ordinance concerning the carrying of weapons and firearms:

    Code of ordinances for Maryville:

    "11-603. Weapons and firearms generally. 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."

    I did not see any exception for legal handgun permit holders.

    Does this mean it is illegal for legal permit holders to carry in Maryville or does the Tennessee state law preempt this ordinance?

    Thanks,
    Rob

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    LOL I was in Maryville just two weeks ago, driving the Tail of the Dragon US-129 in my new (to me) BMW X5 diesel sport Behemoth, and visiting on Clover Hill Road, at the very tip.

    Helping a family member, from Kansas, clear out their backseat, I remarked on the pistols moved to the trunk. The missus is a Kansas family courts judge and they both carry always.

    Tennessee does preempt political subdivisions' gun law but no agent is charged with enforcement. You may beat the rap (local charges preempted) but you will not beat the ride. I attended a couple of large public events and did not notice an excess of IQ points, particularly among the law enforcement agents.


    Tennessee Code 39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers
    Current as of: 2010 | Check for updates | Other versions

    (a) Except as provided in 39-17-1311(d), which allows counties and municipalities to prohibit the possession 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 government shall 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 this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

    (b) The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.

    (c) (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.

    (2) Nothing in this subsection (c) shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.

    (3) Nothing in this subsection (c) shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.

    (d) The provisions of subsections (b) and (c) shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.

    [Acts 1989, ch. 591, 1; 1999, ch. 293, 1, 2; 2009, ch. 428, 3.
    ]

    https://www.lawserver.com/law/state/...ode_39-17-1314
    Last edited by Nightmare; 05-30-2015 at 05:00 PM. Reason: emphasis for the hard of reading
    I am responsible for my writing, not your understanding of it.

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    Just last year a restaurant in Maryville got national attention because they encouraged the carry of handguns, and some of their staff did so as well. Name of the place was Shiloh Brew and Chew, which seemed sort of an odd moniker as they didn't serve alcohol.

    Since I had to look them up to recall the name, I read some Yelp reviews. The only patron who mentioned being upset seeing the guns was from, yep, Manhattan, NYC.

    Notice I've phrased some of this in past tense. Looks like Shiloh Brew and Chew has closed their doors, making a go of a small restaurant is a tough battle, especially the first year or two. Even a national news story couldn't put them over the top it appears.

    But anyhow, I would say that if the locals and PD had no problems with an OC friendly dining spot, I expect individual visitors doing so wouldn't cause any alarm either.

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    Carry of any kind is by license only in TN. Carry is generally accepted and most LEO know the laws here in TN. Maryville is home to Maryville College. Signs carry weight of law here in TN. A new resident has 6 months to convert their out of state license to a TN license and must go through the training and application process as if you never possessed one. You will love TN.

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    Quote Originally Posted by Nightmare View Post
    BTW, that statute referenced was revised over a year ago. All local ordinances are zapped including the pre-1986 grandfathered ones, except those affecting firearm discharge, location of firing ranges, and carry by city/county employees and contractors.

    There are LOTS of archaic firearm laws on the books around TN, most of which haven't been enforced in many years, even before state took preemption. This one is common, and is still in city code here in Knoxville:

    "Sec. 19-104. - Carrying dangerous weapon.

    Any person who shall carry in any manner whatever, with the intent to go armed, any razor, dirk, bowie knife or other knife of like form, shape or size, sword cane, icepick, slingshot, blackjack, brass knuckles, Spanish stiletto, or fountain pen pistol or gun, or like instrument containing a firing pin and capable of shooting tear gas or pistol cartridges, or any pistol or revolver of any kind whatever, except an Army or Navy pistol which shall be carried openly in the hand, or any other dangerous weapon, shall be guilty of a misdemeanor. "



    - OS
    Last edited by Oh Shoot; 05-30-2015 at 03:42 PM.

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    Response to myself....

    LOL, I stumbled on this old thread while looking for information on a different issue.

    Since my initial post, the wife and I bought a home near Maryville and as of about a year ago live up here full time.

    Oh Shoot is correct, the state has preempted all local ordinances concerning firearms.

    "39-17-1314. Local Regulation of Firearms and Ammunition Preempted By State Regulation -- Actions Against Firearms or Ammunition Manufacturers, Trade Associations Or Dealers. (a) Except as otherwise provided by state law or as specifically provided in subsection (b), the general assembly preempts the whole field of the regulation of firearms, ammunition, or components of firearms or ammunition, or combinations thereof including, but not limited to, the use, purchase, transfer, taxation, manufacture, ownership, possession, carrying, sale, acquisition, gift, devise, licensing, registration, storage, and transportation thereof, to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments or regulation. No county, city, town, municipality, or metropolitan government nor any local agency, department, or official shall occupy any part of the field regulation of firearms, ammunition or components of firearms or ammunition, or combinations thereof."

    ...Which is good because I do carry all the time. Also, after scouring through the ordinances, I have not found any restrictions on the discharge of firearms. Which in my case is good, because I live in a very rural area on 4 acres so I frequently set up a firing range on my property.

    Rob

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    Quote Originally Posted by robnfl View Post
    ...

    Oh Shoot is correct, the state has preempted all local ordinances concerning firearms.

    "....
    Well, technically, not quite all. Local jurisdictions may still decide on actual firearm discharge, existence of firing ranges, and carry by employees/contractors.

    - OS

  8. #8
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    Quote Originally Posted by Oh Shoot View Post
    Well, technically, not quite all. Local jurisdictions may still decide on actual firearm discharge, existence of firing ranges, and carry by employees/contractors.

    - OS
    And......
    Firearms, traps and other weapons

    Exceptions to weapons prohibition provided below.
    In park, natural, and historical areas the use of traps, seines, handthrown spears, nets (except landing nets), firearms (including air and gas powered pistols and rifles), blow guns, bows and arrows or crossbows, and any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life is prohibited. The possession of such objects or implements is prohibited unless they are unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent their use while in the park areas.
    http://tnstateparks.com/about/policies
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    Quote Originally Posted by Grapeshot View Post
    And......
    Firearms, traps and other weapons

    Exceptions to weapons prohibition provided below.
    In park, natural, and historical areas the use of traps, seines, handthrown spears, nets (except landing nets), firearms (including air and gas powered pistols and rifles), blow guns, bows and arrows or crossbows, and any other implements designed to discharge missiles in the air or under the water which are capable of destroying animal life is prohibited. The possession of such objects or implements is prohibited unless they are unloaded and adequately cased, or broken down or otherwise packed in such a way as to prevent their use while in the park areas.
    http://tnstateparks.com/about/policies
    My post which you quoted was discussing local firearm ordinances still permitted by state law. Yours regards state law itself.

    Note the exception mentioned there also which is most pertinent to this forum - carry permit holders.

    Also, one they didn't -- all firearms are permissible in vehicle in whatever condition by permit holders (at least as long as you intend to legally park somewhere within the property at some time or other. )

    - OS
    Last edited by Oh Shoot; 11-21-2016 at 07:54 PM.

  10. #10
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    As another aside about Maryville, there is a gun shop on the north side (not far south of Knoxville) that takes some local PD/Sheriff's Office trade in guns for resale. It did my heart good to see about a dozen Glock Model 20 (10mm) Gen 2 handguns in the case on a trip through the area. One or more of the departments close to the Great Smoky Mountains National Park authorize those for officer carry, as bigger predatory critters than humans are sometimes encountered. If I was a Tennessee resident one of those would have left the shop with me for sure.

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