Clarksville City Council prohibits firearms in parks

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http://www.theleafchronicle.com/article/20090710/NEWS01/907100338/Council+prohibits+firearms+in+parks

The council approved a resolution opting out of a new state policy allowing permitted gun owners to carry their weapons into parks, and approved a separate ordinance prohibiting weapons, not just guns, on city-owned or -managed property.

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I was at the understanding Tennessee has state pre-emption except for the laws which were already on the books which were passed before the pre-emption laws, am I mistaken?

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City Attorney Lance Baker told the council Thursday, however, that state law prohibits municipalities from regulating the discharge of weapons.

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huh? :uhoh:

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The new park carry law Public Chapter 428 also changed the preemption law to allow local goverments to "opt out" of allowing carry in their parks.

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*sigh* The language of the text saddens me. Why would they even allow local governments to opt-out of carry in parks?

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Two reasons I believe.

One - It just not would have passed if it forced carry in all local parks. There just wasn't enough support for that.

Two - Local Governments can already post other property under their control: City Hall, Utility Dept and so on. So this sort of follows that same line.

I mean the way the law was a local government couldn't even allow carry in parks if they wanted to. This way there is no state law against it anymore.

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The City Attorney doesn't seem to know the law very well. Municipalities ahev always had to right to regulate the discharge of weapons inside their jurisdiction. Most prohibit discharges, unless firearm discharge is in self defense.

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Actually, I believe regulating the discharge was removed from municipalities with pre-emption. Unless they had such a law that was grandfathered in, they cannot any longer.

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SomeKid wrote:

Actually, I believe regulating the discharge was removed from municipalities with pre-emption. Unless they had such a law that was grandfathered in, they cannot any longer.

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What ever the case maybe, most municipalities do regulate discharges within their jurisdictions.