Carry in Maryville, TN?

[robnfl]

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

 

[Brian D.]

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.

 

[Ken56]

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.

 

[Oh Shoot]

...

https://www.lawserver.com/law/state/tennessee/tn-code/tennessee_code_39-17-1314

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

 

[robnfl]

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

 

[Oh Shoot]

...

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

 

[Grapeshot]

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

 

[Oh Shoot]

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

 

[Brian D.]

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.