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Kingsport BMA likely to vote on handgun ban in city parks


Published July 4th, 2009 | 131 Comments


 

KINGSPORT — A gun debate is on the horizon for the Kingsport Board of Mayor and Aldermen, as the police chief, mayor and recreation advisory members have called for a ban on firearms in city-operated parks.

Such a motion would sidestep a Tennessee law, House Bill 716, that passed the General Assembly. The legislation, set to take effect Sept. 1, allows gun owners with carry permits to take their guns into parks.

Kingsport Community and Government Relations Director Tim Whaley said the issue likely will be discussed by the BMA at its second scheduled meeting this month.

Kingsport will be just one of several municipalities across the state moving to enact legislation for the gun ban, using a loophole in the law that helped get it passed in Nashville that allows localities to pass new laws regarding guns in parks.

During this year’s General Assembly session, Lt. Gov. Ron Ramsey and state Reps. Jason Mumpower, Jon Lundberg and Tony Shipley all voted for the law.

Whaley said Kingsport Police Chief Gale Osborne has already endorsed a gun ban in city parks to administrators, including Mayor Dennis Phillips, who is also looking for a vote on the measure.

“While I respect and appreciate the right of our citizens to keep and bear arms, I do think there are reasonable limitations that ought to be considered, especially in light of the presence of children,” said Phillips.

“If I were hiking the Appalachian Trail, which is largely in remote, wilderness areas, certainly I would prefer to be armed. But on the other hand I really don’t see the need for anyone to carry a firearm up at Bays Mountain Park, and certainly not at a Little League baseball game,” Phillips said. “With that said, I would add that generally I remain far more concerned about those who carry a firearm illegally than I am about those who have qualified with a firearm and gone through the process of being certified to carry a handgun.”

Kingsport’s Parks and Recreation Advisory Committee unanimously passed a resolution last week urging the BMA to prohibit firearms in city park facilities.

Whaley noted that city staffers and BMA members will be consulting with legal counsel to formally draft any legislation relating to the gun measure, but a city ordinance that has been on the books since 1981 could cover the current question.

That code section, 70-110, states that it is unlawful to possess any firearm, shotgun, rifle, pistol, bow and arrow, or other sporting weapon device while in or upon grounds owned by the city, including public parks, playgrounds and nature preserves.

Arguments at sporting events or even accidents inside a park are reasons why City Manager John Campbell is also signing off on a proposed gun ban in parks.

“Tempers can run high and parents can at times overreact” as (their) children participate in organized games in city-run parks, Campbell said in a statement. “I’m not sure that introducing the prospect of handguns into these situations is really in the best interest of our citizens as a whole.”

Officials with the Tennessee Firearms Association indicate on their Web site that they anticipate legislation similar to Kingsport’s being launched and voted on in other localities like Knoxville, Chattanooga and Clarksville.

Times-News staff writer Matthew Lane contributed to this report.

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Brother Early,

You made the statement, "Just like the NRA trying to legalize plastic handguns."

Just in case you did not know it, no one manufactures a palstic handgun, let alone attempts to legalize them.

I do not know where you get your information, but wherever it is, it is incorrect.

Since you seem to find something that is not true on the NRAs website, maybe you could enlighten me as to what content you find to be incorrect.

In closing, since Tennessee, along with almost all of the other states, approved issueing carry permits and the shoot-outs and other wild west senarios that were predicted by the anti-gun crowd did not happen, but the violent crime rate actually went down, could we get back to the only revelant issue under discussion, the allowing of permit holders to carry in city parks, as legalized by the state.

As I have posted before, since there is no added danger to the public from permit holders carrying in city parks, there is no justifiable reason for the city to ban leally carried firearms from city parks.

CommentClayton Upchurch | 7/20/2009 - 7:37 PM - (CommentSuggest Removal )

"Just a curious question: does the gun bearers' rights include the right to virtually arrest, try, convict and execute someone without interference from anyone else?

As a permit holder myself, I've always been conflicted about this.

I might add that my spouse or children or grandchildren have never been threatened in my presence while I was armed. That might very well change everything.

I honestly don't know. I just hope that will never be tested." Oliver Douglas | 7/13/2009

Oliver,

I hope this helps with you question.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act shall be known and may be cited as the "Good Samaritan
Protection Act of 1999".
SECTION 2. Tennessee Code Annotated, Section 29-34-201, is amended by deleting
that section in its entirety and by substituting instead the following:
(a) Any person who is injured while committing a felony or attempting to commit
a felony on the real property of another is barred from recovery of actual or punitive
damages resulting from injuries, either accidentally or intentionally inflicted by the owner,
lawful occupier or tenant of such property, which the person receives while committing or
attempting to commit a felony.
(b) A person who accidentally or intentionally causes property damage to or
inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune
from civil liability for or the payment of monetary damages from such person’s actions if
at the time such damage, injury or death occurred:
(1) The person was preventing or attempting to prevent the perpetrator
from committing the offense or was apprehending the perpetrator of the offense;
and
(2) The perpetrator was committing one (1) or more of the offenses
specified in subsection (c)(1)—(c)(9) or was attempting to commit one (1) or
more of the offenses specified in subsection (c)(10).
The immunity conferred by this subsection shall only apply to property damage
caused to or injury or death inflicted upon a perpetrator of an enumerated offense and
only under the conditions set out in this subsection. Such immunity shall not be
construed to extend to property damage caused to or injury or death inflicted upon a
bystander or other person who is not the perpetrator of an enumerated offense.
(c) The offenses for which such immunity applies are:
(1) any criminal homicide,
(2) aggravated rape,
(3) kidnapping,
(4) aggravated kidnapping,
(5) especially aggravated kidnapping,
(6) especially aggravated burglary,
(7) aggravated robbery,
(8) especially aggravated robbery,
(9) carjacking, and
(10) attempt to commit first or second degree murder.
SECTION 3. This act shall take effect July 1, 1999, the public welfare requiring it.

http://tennessee.gov/sos/acts/101/pub/pc268.pdf

This does not prevent criminal prosecution if the injury or death was not caused in the act of self defense of yourself or others.

Also, every citizen has the right to make a citizen arrest, and use necessary force to enforce a reasonable arrest.

You must remember that the use of deadly force can only be used to protect yourself, or another, from death or serious bodly harm, and if the attacker ceases and attempts to flee, they no longer present a danger and deadly force no longer becomes an option.

CommentClayton Upchurch | 7/20/2009 - 6:15 PM - (CommentSuggest Removal )

Well said dennis

Commenttony d | 7/20/2009 - 3:23 PM - (CommentSuggest Removal )

Brant,

I agree that the sources of gaining firearms for felons is a huge problem. The problems that I see are mainly centered around more crime though.
Most firearms used in commission of a felony were obtained while committing a felony. In other words, most were either stolen or purchased illegally by felons.
The second problem I have is the assumption that the attacking felon must possess a firearm for me to have the right to legally use mine to defend my family, myself, or another. This is simply not the law. I can, and will use my weapon, if I have reasonable fear that my family, myself, or another is about to be killed or suffer serious bodily harm at the hands of another. A baseball bat being used on a victim would suffice. If presenting my weapon in such an event causes the bad guy to cease then I am obligated to withdrawl my use of force as well. You see, we are trained this way. We don't simply take a small test and not learn anything about the law. We are instructed on what our rights, obligations, and responsibilities are when involved in a bad situation.
Having said that, I was in a bad situation that day on th Greenbelt and had no way to protect my family or the many others who were being victimized. The police couldn't help us. They couldn't get there fast enough. It wasn't their fault but my family was still placed at risk by a system so politically correct that it has lost sight of the constitution.
I coached little league for 9 years at the City Parks and Rec. I too tend to believe that guns have no purpose around a little league park but then I ask myself why not the Greenbelt or Bays Mountain? Those places are so isolated that you WILL be a victim if the bad guys choose to attack you there. I can without a doubt guarantee you that no police officer will arrive until well after the fact. If you're dead, they might get enough forensic evidence to capture the guy but wouldn't it have been better if you had the ability to protect yourself? Wake up people!!!!
I think I know the real reason for these bans people. MONEY!!! It will cost the city money to put up the proper signage unless they just ban firearms completely. You see they simply could ban them at ballfields, the skate park, etc by simply placing a sign. Why not? Because they cost money! I will state this, if they pass this ordinance and it happens again on the Greenbelt, I would strongly suggest the person file suit against the city. Afterall, the state legislature gave you the ability to defend yourself and then the city took it away without providing a level of security for you. I think you'll have a good case and I think you'll win. Why do I think this? Because I researched it with a well known local attorney when it happened to us. Why did I not sue? Because I opted to try and change the system by adding a volunteer watch group. That was my mistake! I suggest that if you're the victim that you not make the same one. If I had it to do over again I would follow through with the suit and force these politically correct officials to either provide security or allow me to protect myself.

CommentDennis Holmes | 7/20/2009 - 10:15 AM - (CommentSuggest Removal )

Most of these - eliminating the unintelligible posts - are decently constructed opinions. While I don't agree with many of these, I do certainly appreciate a different point of view... Differing points of view is one of the things that makes this a great country to live in.

Summarizing a general theme that many people who are in favor of CCW permits while on city property, it seems that the biggest concern is ensuring that they have the ability to counter the criminal who is carrying a weapon and who doesn't have any regard for restrictions on where they can have this weapon. Obviously protecting yourself and your family is very important...

Since most people on this board - both for and against the city's position - seem to be agreeing that rouge guns in the hands of unlicensed criminals is a bad thing, can I make the assumption that most people are also in favor of limiting the numerous channels that are available for these criminals to potentially obtain guns (e.g. lack of appropriate background checks at gun shows, extremely limited restrictions against "straw" purchasers of large volumes of guns, etc.)?

CommentBrant Davis | 7/16/2009 - 10:45 PM - (CommentSuggest Removal )

dennis holmes,

thanks for your story....

it's circumstances like those that make us so divided on the issue.

i've said before...i wouldn't want a gun in my home...and i don't know if guns should be allowed anywhere becauses of the risks...

but then there are times when i think, "if they only had a gun to protect themselves!"...

it's one of those things where you've had to have been in the situation to make an INFORMED decision. so far, i've never REALLY needed a gun...

then there are times i think of what MIGHT happen and wish i had one. how many of the parents of the kids at columbine were against handguns? i'm sure LOTS of them were.

how many of them WISHED that their child's teacher would've had a hangun when their children were getting shot/at risk of getting shot?

experiences are what make us unique. they are what make us different. they are what make us change.....

a story like the one you told might make someone change their mind....who knows.

CommentJK Long | 7/16/2009 - 1:01 AM - (CommentSuggest Removal )

I hate to disagree with everyone on this subject but there are many spellings of nunchucks. Read Sotomayor's rulings in these cases.

Commentgeorgia moody | 7/14/2009 - 10:23 AM - (CommentSuggest Removal )



Is it possible Doris is talking about Chinese Nunchaku?

What kind of imaginary world does she live in? There are gray areas in all of humanity, areas that are simply not black or white, and many variables must be considered.

She and others cannot grasp that. It's either black or white - no gray allowed. What a sad sad life it must be.

I think she might be talking about Sonia Sottomayor, in which case she's so off-base the ONLY thing she has heard is the hate-speak from the talking heads on Faux and the radio.

The fact is Sottomayor's decisions to date have been with the conservative side about 95 percent of the time - or more. That's better than some Republicans.

As someone mentioned before, no one - NO ONE, Doris - is trying to take our guns. Not one single person. No one wants to confiscate your guns - nor mine.

If you're going to worry about something, I suggest you look around you, closer to home, and see the mess we're in. Our state (yes, I live in Tennessee too) is in a mess. From the local pols to the top of the state ladder, there are problems, and they are within our power to at least address, whether we can actually fix them or not.

Guns? No need to fix it. There are so many millions of guns owned by so many millions of Americans, even if someone decided today to collect all the guns from all the people, it would be impossible.

Get over yourself. Get an education. Stop whatever it is you spend your time doing and go LEARN something. Start with basic English and grammar, as well as spelling. When you finish with that, take up literature - American, English, and others - and READ something.

After you've educated yourself to a satisfactory level, come back here and let's see what you've learned.

Oh, you closed your mind in middle school, you say? That's what I thought. No need to learn anything else. You already know it all, huh?

CommentOliver Douglas | 7/14/2009 - 9:32 AM - (CommentSuggest Removal )

The constitution of the USA gives citizens the right to keep and bear arms. Period. With the supreme court judge, to be is finally on the bench , that will be Obama's IN to go after the guns. She has an extensive record on rulings about guns , numchucks, etc. Of course they were all overturned. I do not trust anyone O wants.

Commentgeorgia moody | 7/13/2009 - 11:35 PM - (CommentSuggest Removal )

If a right is inalienable, it CANNOT be taken away or transferred (as to a state).

I don't know what you are getting at about the criminals statement. They aren't criminals unless they have committed a crime. Could you also please explain what you are talking about when you mentioned "precrime?"

CommentLana Kennedy | 7/13/2009 - 3:01 PM - (CommentSuggest Removal )

"So criminals should have the inalienable right to carry a firearm while incarcerated? Mentally unstable persons should have the inalienable right to purchase and carry a firearm? If it is a right, then why are you required to have training and/or a permit to carry? I'm sorry, but just because you are a citizen doesn't mean you should own a gun."

If you are a criminal you have violated the rightful and natural rights of someone else. Thus giving up your rights. Most mentally unstable give up their right to that of the state.

If no crime has been committed how can you call someone a criminal?
Precrime does not work in movies nor will it work in the real world

CommentBrian Haynes | 7/13/2009 - 2:39 PM - (CommentSuggest Removal )

So criminals should have the inalienable right to carry a firearm while incarcerated? Mentally unstable persons should have the inalienable right to purchase and carry a firearm? If it is a right, then why are you required to have training and/or a permit to carry? I'm sorry, but just because you are a citizen doesn't mean you should own a gun.

CommentLana Kennedy | 7/13/2009 - 1:55 PM - (CommentSuggest Removal )

Citizens have a right to life, and governments job is to protect that life. There is NO VICTIM involved in carrying a firearm. Carrying a firearm is a RIGHT not a privilege. Privileges are granted by the government, Rights are unalienable. They transcend government and the law. The purpose of government is to protect them not attack them. Rights are absolute.

The government can not create laws that prevent crime. To do so takes away someones unalienable right.

CommentBrian Haynes | 7/13/2009 - 11:01 AM - (CommentSuggest Removal )



Just a curious question: does the gun bearers' rights include the right to virtually arrest, try, convict and execute someone without interference from anyone else?

As a permit holder myself, I've always been conflicted about this.

I might add that my spouse or children or grandchildren have never been threatened in my presence while I was armed. That might very well change everything.

I honestly don't know. I just hope that will never be tested.


CommentOliver Douglas | 7/13/2009 - 9:29 AM - (CommentSuggest Removal )

I would like to argue to the City Manager and the current Chief of Police, who I know quite well, to reconsider their position on banning guns in the parks. Several years ago my wife, three young children, and myself were walking on the Greenbelt when my wife suffered a sexual battery by an obviously dangerous felon. I told my wife to take my children back to the car nearly a half mile away to call the police. I would cover their escape and follow closely. My wife placed the call to the police and we waited. 15 minutes later a young girl walking with her boyfriend exited the park with her shirt nearly torn from her body by the same man. It was obvious this guy had no fear of retribution signaling that he was either armed or seriously deranged. When a third young woman exited the park behind the then Hills Department store and no police had arrived I finally decided to go do something about it. I told my wife to remain at the car and await police but I was going to go back into the park to observe in case this guy decided to not just commit battery but perhaps something quite more serious. Nearly 45 minutes into this and near the Orebank Rd entrance, I caught up with the guy after he had attempted to assault another 18 year old woman while walking with her father. I asked everyone I passed to warn anyone coming into the park that this guy was here. 45 MINUTES people!!! Finally, Officer Todd Harrison arrived at the scene accompanied by my wife so as not to mistake me for the culprit. The culprit, a known felon, was taken into custody and we were driven from the park picking up the other officers who were in route by foot but had not yet arrived. The felon received a 6 year sentence without chance of parole but was out within a year on good behaviour. My point is that my entire family was at SERIOUS risk on that path that day and I should have had the right to carry a firearm for their protection. The law for that didn't exist back then but was soon after passed. I have carried my firearm legally where I could since the permit law was passed. How many people have to die before the antigun idiots wake up and realize that criminals don't care about carry laws? That no matter how trained the police are, they will not arrive in time to protect you. That in that first 30-60 seconds your life and the lives of your family are in your hands and that NO ONE else will be able to help you. Of course the antigun idiots would say you should try to negotiate your way out of the situation. Try to negotiate when your 4 year old daughter is in harms way! I dare you!

By the way, I tried to organize a citizen volunteer group to patrol the Greenbelt after this happened. Lowes, which was located on the park's border back then even offered to build a structure to house the volunteers with a phone and electricity. KMart offered to provide bikes and radios. The City's response: "We will not allow this because of liability issues."
So much for citizens protecting each other even without guns. Nothing has changed in the 14 years since. It is one of the reasons I moved out of Kingsport.
So I call on Chief Osborne to use some good common sense. I know you can't cover the immense mileage of the Greenbelt 24/7 but you can allow law abiding, background checked, and trained individuals the right to protect themelves. The same right that each of your officers exercise when they are off duty. Make the Greenbelt safer by putting a real doubt into the mind of the criminal that the person they are about to victimize might in fact, be armed. This will lower the crime on the Greenbelt and in the highly unlikely event that someone is in fact attacked and is forced to use their weapon in self defense that the right person pays the ultimate price. The culprit, not the victim!
My family was the victim, along with at least 4 other families, one of which was a 14 year old girl celebrating her birthday. Don't take away our right to self defense.

CommentDennis Holmes | 7/12/2009 - 9:39 PM - (CommentSuggest Removal )

A+ well looks like she'd get my vote. Thanks for posting the facts from a knowledgeable source.

CommentJohn Smith | 7/12/2009 - 5:17 PM - (CommentSuggest Removal )

So. Refute the claims.

CommentBrian Haynes | 7/12/2009 - 2:50 PM - (CommentSuggest Removal )



In 2008, "the National Rifle Association Political Victory Fund gave Rep. Debra Young Maggart a grade of A+."

Any questions?

CommentOliver Douglas | 7/12/2009 - 11:23 AM - (CommentSuggest Removal )

From Representative Debra Young Maggart

Facts or Fiction about Tennessee’s new Gun Laws

There has been much misinformation put out about the Guns in Restaurants legislation and I wanted you to examine all the facts rather than the anti-gun spin put forth but some in the media. I think it is important that you understand the arguments the members of the General Assembly heard as this legislation was before us.
FICTION: Everyone at O’Charley’s, Chile’s and Chucky Cheese will be armed. Indeed, for almost 15 years handgun permit holders have been armed in restaurants that do not serve alcohol or beer such as Shoney’s, Cracker Barrel, McDonalds, House of Pancakes, Starbucks, and hundreds of other family restaurants but there is no history of civilian handgun permit holders causing problems for other patrons.
The FACT is that criminals carry their guns without regard to restrictive possession laws. Criminals do not bother with handgun carry permits (HCP) because they cannot qualify. It is a FACT that the bad guys will not leave their guns at home. Criminals, particularly those with intent to commit more crime, will be armed with a willingness to do harm if that is required to carry out their crime or escape.
The FACT is that there are over 230,000 law-abiding Right –to-Carry permit holders in Tennessee. In order to receive a handgun carry permit, these citizens have passed a background check, they have submitted to fingerprinting, they have taken and passed an 8-hour gun safety course and they have qualified with a weapon under the supervision of a trained professional. These civilian handgun permit holders are trained that the permit does not make them a law enforcement officer, a vigilante, or a hero – the permit is to enable them to carry a handgun if they choose so that they can protect themselves and their family if they become the victims of violence.
FICTION: Everyone with a gun permit will be drunk and toting their gun at the “bar.” The FACT is it remains illegal for a HCP holder to drink anywhere while armed. The new law allows a person with a HCP to carry in restaurants that serve alcoholic beverages but only as long as such person is not consuming alcohol. For this to be problem, one must assume that these same people would choose to violate the law and consume alcohol thus jeopardizing their HCP status.

FICTION: All the bars and honky tonks will be the scene of the “Gunfight at the OK Corral”.
The FACT is that the term “restaurant” is defined in this law as a public place kept, used, maintained, advertised and held out to the public as a place where meals are served. The serving of such meals shall be the principal business conducted there.

FICTION: Our legislators must be nuts to pass such an unproven and irresponsible law to allow guns in restaurants.
The FACT is Tennessee now joins 36 other states that have similar restaurant carry laws that have experienced no significant problems. Some states have laws that allow HCP holders in bars, not just restaurants. Seven states that border Tennessee allow HCP holders to carry in restaurants. The provisions in Tennessee’s new law are more restrictive than many of these states, some of which actual allow moderate consumption of alcoholic beverages such as wine. These states have not experienced problems because HCP holders are law-abiding citizens. If you have ever eaten at a restaurant that served alcohol in Kentucky, Alabama, Georgia, or any of the other states that surround Tennessee with the exception of North Carolina, you have eaten in a restaurant where permit holders were allowed to carry firearms.

FICTION: There will be no place I can take my children out to dinner and we will have to stay home!
The FACT is the new law allows restaurants to prohibit carrying firearms in their establishments by simply posting a sign. So, if the owner doesn’t want legal HCP holders to carry in his restaurant, then he may post a sign that states “No Guns”. Of course, those signs will not deter those who have a history of ignoring the law.

FICTION: The Republicans have done nothing but pass crazy gun laws!
The FACT is that all of these new laws have received strong bi-partisan support. Governor Bredesen’s veto of the restaurant carry bill was overridden 69-27 in the House. And the Senate veto override vote was 21-9. Democrats have sponsored and co-sponsored several gun bills this legislative session, including the Senate sponsor of the restaurant carry bill, the “Guns-in-Parks” bill, the Firearms Freedom Act, the confidentiality law and a bill to allow retired judges with a handgun carry permit to carry a gun under the same circumstances as law enforcement officers. A Democrat sponsored bill to carry loaded guns in vehicles has passed both the House and the Senate. The bill to exempt the list of individuals in Tennessee that hold handgun carry permits from the Open Records Act is sponsored by a Democrat.
In addition, the time we have spent on firearms legislation has been greatly exaggerated. We have spent hours debating bills that have an economic impact on this state, as well debating at length bills that will impact our public school system in a positive way.
And here is another interesting FACT: Legislation to require a person against whom an order of protection has been issued to dispose of any firearms within two days through any lawful means was sponsored by Women Republican and Democrat House and Senate members. It also creates a Class A misdemeanor for a person to knowingly possess a firearm while an order of protection is in place. This bill was passed and has been sent to the Governor for his signature.
Tennessee’s Legislators have passed a significant number of bills relating to firearms this year compared to what has been passed in prior years. However, there are no bills simply promoting firearms. These are bills promoting the rights of the citizens and removing what we have determined to be unnecessary governmental restrictions on the rights of Tennessee’s law abiding citizens.

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