kwikrnu
Banned
imported post
A couple of years ago the Legislature passed a law which ammended TCA 58-2-107.
[align=justify]58-2-107. Emergency management powers of the governor[/align]
[align=justify](m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.[/align]
[align=justify][/align]
[align=justify][Acts 2000, ch. 946, § 1; 2004, ch. 487, § 1; 2006, ch. 560, § 1; 2007, ch. 129, § 1.][/align]
It made it so the Governor could not under emergency powers regulate the purchase, sale, transportation, or carry of firearms.
I noticed that jackson is proposing legislation again this year to firm that up, not really sure why... see senate bill 2391.
Did they forget about TCA 39-17-1314? Exception to preemption for local laws older than April 8, 1986?
[align=justify](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.[/align]
For example Metro Nashville Tennesseehas the following law on their books;
2.08.080 Mayor's powers and duties during proclaimed emergencies.
After proclamation of a civil emergency, the mayor may, at his discretion, in the interest of public safety and welfare, make any of the following orders:
A.Order the closing of all retail liquor stores;
B.Order the closing of all establishments wherein beer or alcoholic beverages are served;
C.Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer or both is permitted;
D.Order the discontinuance of the sale of beer;
E.Order the discontinuance of selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
F.Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
G.Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever;
H.Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition, or both;
I.Issue such other orders as are necessary for the protection of life and property.
(Prior code § 2-1-118)
It is all well and good that the Governor won't be allowed to regulate, but it does no good if local governments do regulate.
A couple of years ago the Legislature passed a law which ammended TCA 58-2-107.
[align=justify]58-2-107. Emergency management powers of the governor[/align]
[align=justify](m) During any state of emergency, major disaster or natural disaster, the state, a political subdivision or a public official shall not prohibit nor impose additional restrictions on the lawful possession, transfer, sale, transport, carrying, storage, display or use of firearms and ammunition or firearm and ammunition components.[/align]
[align=justify][/align]
[align=justify][Acts 2000, ch. 946, § 1; 2004, ch. 487, § 1; 2006, ch. 560, § 1; 2007, ch. 129, § 1.][/align]
It made it so the Governor could not under emergency powers regulate the purchase, sale, transportation, or carry of firearms.
I noticed that jackson is proposing legislation again this year to firm that up, not really sure why... see senate bill 2391.
Did they forget about TCA 39-17-1314? Exception to preemption for local laws older than April 8, 1986?
[align=justify](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.[/align]
For example Metro Nashville Tennesseehas the following law on their books;
2.08.080 Mayor's powers and duties during proclaimed emergencies.
After proclamation of a civil emergency, the mayor may, at his discretion, in the interest of public safety and welfare, make any of the following orders:
A.Order the closing of all retail liquor stores;
B.Order the closing of all establishments wherein beer or alcoholic beverages are served;
C.Order the closing of all private clubs or portions thereof wherein the consumption of intoxicating liquor or beer or both is permitted;
D.Order the discontinuance of the sale of beer;
E.Order the discontinuance of selling, distribution or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
F.Order the closing of gasoline stations and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
G.Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever;
H.Order the closing of any or all establishments or portions thereof, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition, or both;
I.Issue such other orders as are necessary for the protection of life and property.
(Prior code § 2-1-118)
It is all well and good that the Governor won't be allowed to regulate, but it does no good if local governments do regulate.