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TN State Park Carry?


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So I've been digging around the Internet and this forum for the past few days. I could not find anything that straightforward answered my question. I've been going to Percy Warner Park quite often lately. I've seen where they tried to make a Law and then they tried to change it or something for TN State parks? I will also be traveling to a number of other state parks the summer. Can anybody give me what the law currently states right now for handgun carry in state parks especially Percy and Edwin Warner Park. The only thing I seem to understand is that private parks can post a gun buster sign. Where do we stand on the state parks though? I noticed that in 2009 it looks like we got the right to carry in the parks? Since then what I'm reading seems like we lost that right or that they were trying to take it away? Am I correct?


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http://tnstateparks.com/about/policies

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.

  • Exception 2: Authorized Federal, State, County and City law enforcement officers may carry firearms in the performance of their official duties.
  • Exception 4: Persons how possess a Handgun Carry permit and is in compliance with TCA: 39-17-1351.
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The Warner parks are Nashville city parks, not state parks. They're off-limits per city ordinance and are posted (mostly) in the proper places.

 

State Parks are good to go. The only parks that qualify in Nashville are Bicentennial Mall, Long Hunter, and Radnor Lake. Technically the Harpeth River S.P. has a small Nashville presence at the Hwy 100 bridge/canoe launch. You will sometimes find signs at the entrance to the state parks which say "No firearms permitted" or something similar. These signs are old and do not apply to HCP holders. They were left in place because to remove them and put up new signs would have had a fiscal note attached to the bill which allowed state park carry and would have made it DOA. The signs will be changed as they age and need to be replaced, at which time the part about firearms will be omitted from the new signs.

 

Another TGOer has pointed out that several of the Nashville city parks are located in part or in full on state owned land, but administered by the city. These can't be posted per the letter of the law (posting requires both owners to approve posting and the state doesn't do that). If you want to research land deeds and be willing to be a test case, more power to you. Otherwise, Nashville city parks are a no-go.

Edited by monkeylizard
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Percy and Edwin Warner parks aren't state parks, they are Metro Nashville controlled. Thus carry there is a no go.

 

Edit: Monkeylizard beat me to it while I was double checking something

Edited by xjsnake
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This is probably a dumb question and it may have been answered before is so I apologize but does this law or does anybody know can you carry at local lakes and rivers with a valid HCP like when bank fishing?

-Psalm 82:4-
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This is probably a dumb question and it may have been answered before is so I apologize but does this law or does anybody know can you carry at local lakes and rivers with a valid HCP like when bank fishing?

 

For the most part, answer is simple yes. Even TVA accedes by policy to state and local law on "undeveloped lands". Not that it figures in E. TN, but I believe Corps of Engineers property is still problematic regarding that?

 

- OS

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For the most part, answer is simple yes. Even TVA accedes by policy to state and local law on "undeveloped lands". Not that it figures in E. TN, but I believe Corps of Engineers property is still problematic regarding that?

 

- OS

 

Corps of Engineers treat their property like a military base and prohibit any carrying (even loaded car carry).  GeorgiaCarry.Org has a lawsuit against the COE currently, and the US district court in Idaho conjunction against enforcing the rule in that district.  In the Georgia lawsuit, the Carter-appointed judge has not been as favorable.

  • Like 1
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  • 3 weeks later...

It's on the Senate calendar for tomorrow (4/1) and the House calendar for today (3/30).

 

E-mail sent to my senator and rep, though I don't think it will do much good. Sen Dickerson is likely to support this bill as he has been generally favorable towards other gun bills AFAIK. Rep. Mitchell is a lost cause to me.

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When is this supposed to come up for a vote?

I'm assuming since this is a legislation issue that the new guns in vehicles law w/ HCP does not trump postings at county parks?

 

 

Not aware of any "new" HCP laws regarding vehicles...last years change allowed "keeping" your legally owned or possessed firearm in a vehicle an individual has the legal ability to operate, whether you have a permit or not.

Someone will correct me if I am wrong, but I believe you will be able to have a firearm in your vehicle if you can legally posses the firearm and are legally allowed to operate the vehicle in a County Park.

That does not allow for carry on the person outside of the vehicle, UNLESS the municipality allows permitted carry, and one has a permit.

Edited by Worriedman
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.....
Someone will correct me if I am wrong, but I believe you will be able to have a firearm in your vehicle if you can legally posses the firearm and are legally allowed to operate the vehicle in a County Park.

 

I don't see why. It's only an exception to 1307, not 1311 (or 1309 or 1359).

 

- OS

Edited by Oh Shoot
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39-11-611 says vehicle is the same as you home, business, curtilage, dwelling, or residence.  Vehicle (meaning any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property), roads and parking areas in any "park" is "public" I would think, and as such is treated as your castle and under the vaunted "a person who is not engaged in unlawful activity and is in a place where the person has a right to be" dictum seems it would be allowed, but my thoughts and a buck fifty will get  you a cup of coffee...

Edited by Worriedman
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39-11-611 says vehicle is the same as you home, business, curtilage, dwelling, or residence.  Vehicle (meaning any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property), roads and parking areas in any "park" is "public" I would think, and as such is treated as your castle and under the vaunted "a person who is not engaged in unlawful activity and is in a place where the person has a right to be" dictum seems it would be allowed, but my thoughts and a buck fifty will get  you a cup of coffee...

 

If all that were valid from prosecution point of view, then they would never have needed to revise 1307 in the first place. Or give a special exception  in 1313. Or keep the provisions regarding school possession in 1309.

 

I think yours is more of a "should be" constitutional POV.

 

And hey, another twist, what about a motor home? Isn't that same as having your home along with you?

 

- OS

Edited by Oh Shoot
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so anyone else notice how the "19 year old shot in the head in metro park" story from last night is being explained away this morning?

 

"A 19-year-old was playing with his cat in a park next to Tennessee State University in north Nashville when he accidentally shot himself in the head."

 

 

 

http://wkrn.com/2015/03/30/19-year-old-shot-in-the-head-by-tennessee-state-university/

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so anyone else notice how the "19 year old shot in the head in metro park" story from last night is being explained away this morning?

 

"A 19-year-old was playing with his cat in a park next to Tennessee State University in north Nashville when he accidentally shot himself in the head."

 

 

 

http://wkrn.com/2015/03/30/19-year-old-shot-in-the-head-by-tennessee-state-university/

 

Another one of those mystical guns that go off with unerring deadly accuracy when you drop them.

 

Maybe the cat managed to shoot him.

 

- OS

Edited by Oh Shoot
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I suspect you are correct, but, I am going to ask a legislator to get a AG opinion on it, just for giggles.

 

Might as well ask if the new provision in 1307 exempts one from any other restriction, such as guns in vehicle on school property or 1359 posted lots too, just to get a comprehensive overview.

 

- OS

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