RESOLUTION NO. RS2009-1079

A resolution requesting the Davidson County Delegation to the Tennessee General Assembly introduce and enact the necessary legislation to eliminate the ambiguities in the Guns in Parks law.

WHEREAS, the Tennessee General Assembly recently amended Tennessee Code Annotated § 39-17-1311 to allow persons with a valid handgun carry permit to possess a handgun in any state or local park; and

WHEREAS, this new state law allows local governments, upon the approval of the local legislative body, to prohibit such persons from possessing a handgun in any county or municipality-owned park; and

WHEREAS, on August 18, 2009, the Metropolitan Council enacted Ordinance No. BL2009-489 to opt the Metro Parks out of the state law that would have allowed handgun carry permit holders to carry guns in the parks; and

WHEREAS, T.C.A. § 13-17-1309 prohibits the possession of firearms on athletic fields and recreation facilities, including those located on public parks, that are owned, used, or operated by a school; and

WHEREAS, the Tennessee General Assembly did not amend the prohibition on the possession of firearms on property used for school purposes at the time the amendments to T.C.A. § 39-17-1311 were made pertaining to firearms in parks; and

WHEREAS, since T.C.A. § 13-17-1309 provides that local governments may prohibit handgun carry permit holders from possessing a handgun while within or on a local government “public park”, the Metropolitan Council is considering amending Ordinance No. BL2009-489 to allow handgun carry permit holders to bring their weapons into certain rural and/or isolated parks; and

WHEREAS, if the Council decides to allow handgun carry permit holders to possess handguns with these rural and/or isolated parks, the ambiguity caused by the failure of the General Assembly to amend T.C.A. § 39-17-1311 will cause unintended legal and logistical issues associated with the use of these park properties by school groups; and

WHEREAS, it is fitting and proper that the Tennessee General Assembly revise these statutes to clear up any ambiguity regarding whether specific parks can be exempted from a firearm prohibition enacted by a local government, and whether firearms can be carried in parks that are used for school purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Delegation to the Tennessee General Assembly to introduce and enact the necessary legislation to eliminate the ambiguities in the Guns in Parks law.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Delegation to the Tennessee General Assembly.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Karen Bennett, Sam Coleman