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The Legislature still allows cities to enforce gun laws they had on the books prior to April 1986 (see tca 39-17-1314) you need to be careful where you carry. I live in a city (Brentwood) where it is against city ordinance to carry a handgun with the intent to go armed. The city next to where I live (Belle Meade)has a similar ordinance on carrying with intent to go armed.
Brentwood city ordinance
Sec. 42-161. Weapons and firearms generally.
(a)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. However, the prohibitions herein shall not apply to members of the United States armed forces carrying such weapons as are prescribed by applicable regulations, nor to any officer or police officer engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibitions herein shall not apply to persons who may have been summoned by such officer or police officer to assist in the discharge of his duties, nor to any conductor of any passenger or freight train of any railroad while he is on duty.
(Code 1978, § 10-213; Ord. No. 93-07, §§ 1, 2, 3-22-93; Ord. No. 2005-11, § 1--3, 10-24-2005)
Belle Meade city ordinance
11-602. 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 except the army or navy pistol which shall be carried openly in the hand. However, the foregoing prohibition shall not apply to members of the United States Armed Forces carrying such weapons as are prescribed by applicable regulations nor to any officer or policeman engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibition shall not apply to persons who may have been summoned by such officer or policeman to assist in the discharge of his said duties.
(Ord. 71-6, § 2.12. 1987 Code, § 10-212) This ordinancewas changedin 87, but the wording is similar to another ordinance which was much older. Icalled the City of Belle Meade and checked.
View of TCA 39-17-1314 by Metro Nashville Department of Law
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 the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
(emphasis added- exception provision). The fact that the General Assembly reenacted the existing exception removes the concern that the General Assembly intended to require additional action by the local legislative body to prevent the newly adopted provision allowing handguns in parks from becoming effective.
The reenactment of a statute in substantially the same words effects no change in the law, but merely continues the original law in force. Furthermore, no change in the meaning of a statute is effected by its subsequent repeal and reenactment, even though the circumstances have changed. 73 Am. Jur. 2d Statutes § 221 (2009 Update).
Where a statute is repealed by a new statute which relates to the same subject matter, and which reenacts substantially the provisions of the earlier statute, and the repeal and re-enactment occur simultaneously, the provisions of the original statute which are re-enacted in the new statute are not interrupted in their operation by the so-called repeal; they are regarded as having been continuously in force from the date they were originally enacted. 77 A.L.R.2d 336, Effect of Simultaneous Repeal and Re-enactment of All, or Part, of Legislative Act.
Tennessee Attorney General Opinion 96-080 April 25, 1996
Question.
Article I, Section 26 of the Tennessee Constitution provides for the right to keep and bear arms for the common defense. Do the following statutes violate this provision?
1. Tenn. Code Ann. § 39-17-1307(a), making it an offense to carry a firearm with the intent to go armed.
3. Tenn. Code Ann. § 39-17-1311, making it an offense to possess or carry a firearm with the intent to go armed in a public park or recreational facility.
Analysis.
Tenn. Code Ann. § 39-17-1307(a)(1) states that "a person commits an offense who carries with the intent to go armed a firearm," a certain kind of knife or a club. This statute does not prohibit owning or carrying a firearm. It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive." Kendall v. State, 118 Tenn. 156, 101 S.W. 189 (1906). This statute does not, in the opinion of this Office, infringe upon the citizen's "right to keep and bear arms for their common defense."
Tenn. Code Ann. §39-17-1308 lists a number of defenses to the application of Tenn. Code Ann. §39-17-1307. Included in the list is when the person is carrying a weapon that is unloaded and unconcealed about his person and the ammunition is not in the immediate vicinity; when the person is authorized to possess or carry a firearm pursuant to Tenn. Code Ann. §39-17-1315, the handgun permit statute; when the person is at home, at his place of business or on the premises; and when the person is lawfully hunting, trapping or engaged in other lawful activity. Thus the application of Tenn. Code Ann. §39-17-1307 is rather narrow. The statutory scheme envisions many situations when the carrying of a weapon does not violate this statute.
Tenn. Code Ann. § 39-17-1311(a) makes it an offense to possess or carry a firearm, with the intent to go armed, with certain exceptions, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes. The analysis of this statute is the same as the analysis under question one. Only the possession or carrying with the intent to go armed in these designated places is prohibited. Furthermore, the statute merely regulates the carrying of these weapons in places of public assemblage. This is permitted by Andrews v. The State, supra. It is the opinion of this Office that this statute is a valid exercise of the state's regulatory authority under Article I, Section 26.
I'm not a lawyer or giving any legal advice.
The Legislature still allows cities to enforce gun laws they had on the books prior to April 1986 (see tca 39-17-1314) you need to be careful where you carry. I live in a city (Brentwood) where it is against city ordinance to carry a handgun with the intent to go armed. The city next to where I live (Belle Meade)has a similar ordinance on carrying with intent to go armed.
Brentwood city ordinance
Sec. 42-161. Weapons and firearms generally.
(a)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. However, the prohibitions herein shall not apply to members of the United States armed forces carrying such weapons as are prescribed by applicable regulations, nor to any officer or police officer engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibitions herein shall not apply to persons who may have been summoned by such officer or police officer to assist in the discharge of his duties, nor to any conductor of any passenger or freight train of any railroad while he is on duty.
(Code 1978, § 10-213; Ord. No. 93-07, §§ 1, 2, 3-22-93; Ord. No. 2005-11, § 1--3, 10-24-2005)
Belle Meade city ordinance
11-602. 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 except the army or navy pistol which shall be carried openly in the hand. However, the foregoing prohibition shall not apply to members of the United States Armed Forces carrying such weapons as are prescribed by applicable regulations nor to any officer or policeman engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibition shall not apply to persons who may have been summoned by such officer or policeman to assist in the discharge of his said duties.
(Ord. 71-6, § 2.12. 1987 Code, § 10-212) This ordinancewas changedin 87, but the wording is similar to another ordinance which was much older. Icalled the City of Belle Meade and checked.
View of TCA 39-17-1314 by Metro Nashville Department of Law
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 the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.
(emphasis added- exception provision). The fact that the General Assembly reenacted the existing exception removes the concern that the General Assembly intended to require additional action by the local legislative body to prevent the newly adopted provision allowing handguns in parks from becoming effective.
The reenactment of a statute in substantially the same words effects no change in the law, but merely continues the original law in force. Furthermore, no change in the meaning of a statute is effected by its subsequent repeal and reenactment, even though the circumstances have changed. 73 Am. Jur. 2d Statutes § 221 (2009 Update).
Where a statute is repealed by a new statute which relates to the same subject matter, and which reenacts substantially the provisions of the earlier statute, and the repeal and re-enactment occur simultaneously, the provisions of the original statute which are re-enacted in the new statute are not interrupted in their operation by the so-called repeal; they are regarded as having been continuously in force from the date they were originally enacted. 77 A.L.R.2d 336, Effect of Simultaneous Repeal and Re-enactment of All, or Part, of Legislative Act.
Tennessee Attorney General Opinion 96-080 April 25, 1996
Question.
Article I, Section 26 of the Tennessee Constitution provides for the right to keep and bear arms for the common defense. Do the following statutes violate this provision?
1. Tenn. Code Ann. § 39-17-1307(a), making it an offense to carry a firearm with the intent to go armed.
3. Tenn. Code Ann. § 39-17-1311, making it an offense to possess or carry a firearm with the intent to go armed in a public park or recreational facility.
Analysis.
Tenn. Code Ann. § 39-17-1307(a)(1) states that "a person commits an offense who carries with the intent to go armed a firearm," a certain kind of knife or a club. This statute does not prohibit owning or carrying a firearm. It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive." Kendall v. State, 118 Tenn. 156, 101 S.W. 189 (1906). This statute does not, in the opinion of this Office, infringe upon the citizen's "right to keep and bear arms for their common defense."
Tenn. Code Ann. §39-17-1308 lists a number of defenses to the application of Tenn. Code Ann. §39-17-1307. Included in the list is when the person is carrying a weapon that is unloaded and unconcealed about his person and the ammunition is not in the immediate vicinity; when the person is authorized to possess or carry a firearm pursuant to Tenn. Code Ann. §39-17-1315, the handgun permit statute; when the person is at home, at his place of business or on the premises; and when the person is lawfully hunting, trapping or engaged in other lawful activity. Thus the application of Tenn. Code Ann. §39-17-1307 is rather narrow. The statutory scheme envisions many situations when the carrying of a weapon does not violate this statute.
Tenn. Code Ann. § 39-17-1311(a) makes it an offense to possess or carry a firearm, with the intent to go armed, with certain exceptions, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes. The analysis of this statute is the same as the analysis under question one. Only the possession or carrying with the intent to go armed in these designated places is prohibited. Furthermore, the statute merely regulates the carrying of these weapons in places of public assemblage. This is permitted by Andrews v. The State, supra. It is the opinion of this Office that this statute is a valid exercise of the state's regulatory authority under Article I, Section 26.
I'm not a lawyer or giving any legal advice.