Good Question
A reader emails:
I recently took the TN handgun carry permit class and at that time I purchased the TN Handgun Permit Travel Guide. The class instruction and page 52 of the guide noted that handgun carry is restricted “on the grounds of any public park, playground, civic center, or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.”
This seems to be tied to TCA 39-17-1311 – “Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.”
However, when I look at TCA 39-17-1302(a) it is not apparent to me that a handgun would be a prohibited weapon in the locations described by TCA 39-17-1311. TCA 39-17-1302 – “Prohibited weapons. — (a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells: (1) An explosive or an explosive weapon; (2) A device principally designed, made or adapted for delivering or shooting an explosive weapon; (3) A machine gun; (4) A short-barrel rifle or shotgun; (5) A firearm silencer; (6) Hoax device; (7) A switchblade knife or knuckles; or (8) Any other implement for infliction of serious bodily injury or death that has no common lawful purpose.”
I would think that a handgun carried by a legally permitted holder would be an implement that DOES have a common lawful purpose. Is a permit holder truly restricted from carrying “on the grounds of any public park, playground, civic center, or …”??? Would you recommend I ask this question of someone else? I have also sent a similar message to Legallyarmed.com.
I plan to contact our TN state representatives about relaxing some of the current handgun carry restrictions. I would like a clarification of the restriction noted above before I write them.
My reply was that I think it is still considered a violation of the law. And the authorities will arrest you for it. I think this might be a defense though. Any lawyer types out there?
January 8th, 2008 at 2:55 pm
Can’t say whether the defense would work but I can tell you that you would be arrested and most likely tried. I take this from discussions with a family member who is former TBI.
January 8th, 2008 at 6:13 pm
Yeah, I mean, What the Hell, the law is what they say the law is. You can’t believe what we wrote down.
January 9th, 2008 at 4:25 pm
I would refer you to:
39-17-1307 Unlawful carrying or possession of a weapon.
(a)(1) A person commits an offense who carries with the intent to go armed a firearm, knife with a blade length exceeding four inches (4″), or a club.