Fallguy

Looking at the Private Act for Obion County http://www.ctas.utk.edu/public/CTASpriv.nsf/PrivateActs/7A6994B7BFE181BD8625648100578FB8/$FILE/OBION+CO+-+2004.pdf?openelement I did a search for the word "Fire" and the only thing found was a refrence to Fireworks.

But again as I said, they are still services that the county/city provide to all in their service area. Fire Protection is not a service provided by Obion County or arganged for by them. Some rural counties don't have EMS service...but they contract the service from someone else Rural Metro, ASI or others....if those contracts/fees aren't paid there won't be ambulances in those counties and the residents will suffer....so then those counties don't forget to pay the contract....

The services your recieved were paid for by tax dollars and are provided to all in the service are of those agencies. Obion County does not provide fire service. Perhaps a sad fact, but a fact nonetheless. If you live there and don't like that, move to a county that has fire service, organize a volunteer department (with your own money, sweat and tears) or buy the service. As for as morals...I'm sure several of the firefighter wanted to act, and if there was someway that could have acted as private individuals with their own personal resources, maybe they should have. But as member of the South Fulton FD, with city owned equipment they didn't have that luxury.

You're saying that 65% of the operating money for the city fire department comes from county taxes? Can you cite your sources?

It's not that what the Firefighters did was legal.....it's that if they acted it would have been illegal. Had Kwik not done what he had done....it would still have been legal.

LMAO.... .....and your probably really belive that too.....

LOL...could be. Or...could be most are like me and you and see no reason to bring something up that has nothing to do with the traffic stop and apparently isn't an issue. Not to completely deny the effects of your charming personality though....

It shows up as part of your DL info...no further action required. I haven't dispatched in a while but basically it is another field just like Name, Address and so on there is one line that says HCP status. So everytime a DL is run is really the same as check for a HCP as well. It seems most of the agencies I hear on the scanner or whose members I know give HCP status to the officer when the DL is run whether the ask for it or not.

True, but we do have written law, that from my understanding they would have been violating had they acted. Remember it's not like they owned the trucks and equipment (unlike some volunteer departments) the city owned them. We don't have a subscirption service in the county I live in as people in each area of the county have bound together and formed volunteer departments. I also know the mayor of the city I live in has expressly reminded (as the mayor before him I belive) the FD (volunteer also) not to respond to calls out of the city. As the insurance would not cover the vehicles, or the firefighters if something happened. From my understanding (again) the case here is, they would only be covered responding to those residences out of the city where the fee was paid. Now as a city resident I can tell you I'd be pretty upset if my taxes went up to pay for a new $250,000 fire truck because the insurance wouldn't pay when it was damaged at a fire it shouldn't have been at. Or the cost of defending a lawsuit from a firefighter that was injured and not covered because of fighting a fire that he couldn't legally respond to. I hate living in a crowded town, but one reason I always have is for the speed of response for EMS/LE and for garunteed fire protection. If you live in a county where there is no fire protection other than paying fee.....then that is what you have to do. I wish every county could have a county fire department, but they don't. Don't get me wrong, I feel bad for this guy, but I also think he is in this boat by his own doing.

According the AG opinion on the posting of parks, there has been a case where a person was convicted of carry on school property even though those signs were not posted.

Not sure I follow. The law is fairly clear...the state can't interfer in a church school, except that they have to be for the same term. A state run school is a school 24/7 as far as carry goes......I would think the TCA sees it as the same for a Church-related school

No, they most surely did not have a duty to act. There only duty was to the city and to those county residents that paid the fee. If people don't like it, change the law, start a volunteer FD in the area or pay the damn fee...otherwise they need to take their licks. This is from a person who joined their local volunteer FD at 17 and has worked in or been a member of LE/Fire Service/EMS/Rescue Squad E-911 ever since.

Not sure if this helps, but here is something I found.... 49-50-801. Church-related schools. (a) As used in this section, unless the context otherwise requires, “church-related school” means a school operated by denominational, parochial or other bona fide church organizations that are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools, the Association of Christian Schools International, the Tennessee Association of Independent Schools, the Southern Association of Colleges and Schools, the Tennessee Association of Non-Public Academic Schools, the Tennessee Association of Church Related Schools or a school affiliated with Accelerated Christian Education, Inc. ( The state board of education and local boards of education are prohibited from regulating the selection of faculty or textbooks or the establishment of a curriculum in church-related schools. © The state board of education and local boards of education shall not prohibit or impede the transfer of a student from a church-related school to a public school of this state. Local boards may, however, place students transferring from a church-related school to a public school in a grade level based upon the student's performance on a test administered by the board for that purpose. In local school systems where the local board of education requires tests for students transferring to that system from another public school system, the same test shall be administered to students transferring to such system from church-related schools. (d) Church-related schools shall be conducted for the same length of term as public schools. (e) Nothing in this section shall be interpreted as prohibiting church-related schools from voluntarily seeking approval by the state board of education nor prohibiting the state board of education from extending such approval when it is voluntarily sought. Doesn't really help on carry, but does define what a Church-related school is...

Good deal!!

As you said yourself, it is a grey area, so I don't think you will get a 100%, clear cut, black and white answer. This is just one of those areas where the TCA doesn't directly address a church and a school. The closest I can come is 39-17-1309 says "Schools", both public and private.....it doesn't say unless owned/operated by a church. It also doesn't say just the school building is off limits but also "any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution" So if your unsure, don't carry is about all you can do. One thing I'm fairly sure of....an AG opinon on this matter would not be favorable for us......

As far as the Parking lot goes....based on the way I read 39-17-1309© and the AG opinion on parks, IMO it would be legal to leave it in your car so long as you or no one else touches it. As far when there is a seperate school building I agree it is a grey area. At one time I would have said the church as a seperate building would have been ok, but reading "school grounds" and "school campus" in 39-17-1309 makes me not so sure now. ...and good job on the name...

Correct....

The AG Opinion on parks being used by schools doesn't really apply, because carry at parks is otherwise legal unless it posted or used by teh school. However school grounds are off-limits 24/7. Even you go to the parking lot of your local high school on Saturday afternoon and there is not a child in sight for 20 miles, it is still illegal to carry there. If a church has a state liscensed school, then legally you can't carry anywhere that would/could be considered school grounds or the school campus. Now whether the chapel/sacutary is school grounds or considered on the school campus....that is the question As far as where to look AG opinons up See here>> Opinions, as mentioned in this post http://www.tngunowners.com/forums/firearms-law-faq/13408-reference-material-some-basic-questions.html

Yes, when they run your DL it will show whether you have a HCP or not. But just because you have a HCP doens't mean your armed. Have you seen this thread? http://www.tngunowners.com/forums/handgun-carry-self-defense/46890-tn-permit-holders-vs-those-who-actually-carry.html

I don't print them out (about memorized) for the states I most frequent anymore....

Which is ok except for those states where you are supposed to tell him without his asking.

LOL...I said scare, not terify....

http://www.tngunowners.com/forums/general-off-topic/21389-new-national-rifle-association-tn-license-plates.html http://www.tngunowners.com/forums/2nd-amendment-issues/8306-national-rifle-association-specialty-plate.html http://www.tngunowners.com/forums/handgun-carry-self-defense/11631-reasons-why-you-might-want-decal.html http://www.tngunowners.com/forums/newsworthy-reports/11796-national-rifle-association-license-plate-application-form.html http://www.tngunowners.com/forums/handgun-carry-self-defense/8777-armed-decal-com-you-thought-handgun-carry-permit-badge-bad.html

They may not would, buy the could...sort of. If a LEO is not on duty or doesn't have a legal reason to be there, it is still private property and the owner can ask anyone (LEO or not) to leave. However if they allow him in, they can't make him disarm.