kwikrnu wrote:
ProguninTN wrote:
kwikrnu wrote:
ProguninTN wrote:
As far as the city ordinance kwikrnu cites goes, it is based an a since-repealed state law. (Title 39-6-1701). Carrying loaded in the hand was TN State Law prior to 1989.
Harris III, John L. Carrying a Handgun for Self-Defense in Tennessee. 3rd. Nashville: John L. Harris, III, 2003. Print. p. 15
I'm not sure if the City of Belle Meade is still enforcing its old ordinance, we'll have to see the outcome of kwik's case.
The law is on the books. It is the only legal manner to carry in Belle Meade and other Tennessee cities. What case? You think Belle Meade police will charge me with a crime? If so what crime? I violated no state law and no city law.
The Belle Meade city ordinance may still be on the books, but the state law which was modeled after is not. (The ordinance is dated 1987, the state law in question was repealed in 1989. See the book I referenced above.) I am not aware of anyone being criminally charge for not obeying the ordinance which you reference. (For the record, yes I have carried in Belle Meade.) I also know of no Municipality or County prosecuting anyone for carrying under 39-17-1351. Perhaps you'd like to supply an example ?
Perhaps, I am mistaken, but I was under the impression that you were pursuing a civil case against the City of Belle Meade and its Police Dept. for your detention.
I do not know if Belle Meade has cited anyone for violation of their ordinance. The Belle Meade law is clear whether enforced or not. Handgun carry in a holsteris prohibited. The carry of any handgun except the army or navy pistol is illegal.
I have not filed any law suit against the City of Belle Meade or its officers.
Reponding to your statement in bold.
If you don't know of anyone being cited for violating the city ordinance, what was the purpose of your excercize?
It's a dumb outdated law. Why not go before the city council and request that the ordinance be repealed or amended to reflect what the city does enforce, which is current TN state law?
There's one thing that you didn't take into consideration before you executed your little excapade. If I ( or any other gun carrier) had been walking along that BLVD and you came walking from behind one of those bushes that are in the median, with that gun in your hand, not knowing who you are or what your intentions were, I most likely would have drawn down on you. In all likelyhood, you wouldn't know what my intentions were either at that point and probably would have made a defenseive move that would have resulted in a shootout between the 2 of us.
A holstered gun is not a threat - a gun in hand percievably is.
Your failure to think ahead of everything that could potentially go wrong, makes you a menace to public safety.
You're still avoiding the issue of why you object to going before the city council to get the city ordinance changed.