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Collegedale TN bans guns

Discussion in 'Legal' started by OldMac, Feb 26, 2013.

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  1. OldMac

    OldMac Member

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    I just learned that a veteran with a State issued handgun carry permit was arrested in Collegedale TN, weapon confiscated, and tossed in jail after a traffic stop. This shocked me since it is easy to pull off the interstate into the City and get trapped. Can their City code trump a state permit? Is he screwed or should he fight this nonsense? How can you travel if these small town traps pop up in the previously friendly states?

    Title 11, chapter 7 states:

    "11-702. Weapons and firearms generally. It shall be unlawful for any person to carry in any manner whatever, with the intent to go armed, any razor, dirk, knife, blackjack, brass knucks, pistol, revolver, or any other dangerous weapon or instrument. However, the foregoing prohibition shall not apply to members of the United States Armed Forces carrying such weapons as are prescribed by applicable regulations nor to any officer or policemen engaged in his official duties, in the execution of process, or while searching for or engaged in arresting persons suspected of having committed crimes. Furthermore, the prohibition shall not apply to persons who may have been summoned by such officer or policemen to assist in the discharge of his duties.
    (1977 Code, § 10-212)"
    http://www.collegedaletn.gov/index.aspx?NID=290
     
  2. TrickyDick

    TrickyDick Member

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    depends on the state law of whether a city can create such an ordinance. in Maine, there's a state law prohibiting cities from enacting tougher gun regulation as well as other things. however, i think this should be an easy fight if he's not from that town. but if he is, then it's my wonder to how he obtained a permit with that town as his residence. aside from that, i would fight it all the way.
     
  3. gc70

    gc70 Member

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    It appears that the city's 1977 code may be valid (1977 Code, § 10-212).

     
  4. TNBilly

    TNBilly Member

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    he'll have to fight it....... you have to understand Collegedale is the bastion of the Seventh Day folks as well. The law was pretty common and may still be in a lot of places around the country but it is being enforced differently now.
     
  5. Spammy_H

    Spammy_H Member

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    My understanding of TN law is that you can't carry in government buildings, schools, and hospitals. Parks were also completely off limits (owned by the gov't) until a couple of years ago, when they made an allowance for local governments to decide whether or not to allow carry inside their parks.

    I believe that when that law was changed, the state parks were immediately made "ok" to carry, but obviously this municipality decided to maintain the ban.

    Can't allow guns in parks, or that way people would be allowed to defend themselves.
     
  6. LubeckTech

    LubeckTech Member

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    Seventh Day Adventists or people infavor of Blue Laws??
     
  7. DMK

    DMK Member

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    How is it even possible for a traveler to understand the myriad of laws in each and every city along his/her travels?

    Doesn't the FOPA protect a traveler from this type of thing?
     
  8. Bovice

    Bovice Member

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    This is a classic example of when somebody should have kept their mouth shut. If it was a regular type traffic stop, there's no reason that a cop should have seen any weapons.

    Repeat after me: what they don't know won't hurt them, but it might bury me if they did.

    Seriously, shut up guys. LE is hardly your friend.
     
  9. TenDriver

    TenDriver Member

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    That one will have to be fought, but it's going to be expensive. It appears (I'm no lawyer) that the law is legal under state code, but I'm thinking the Federal courts would strike it.
     
  10. Cosmoline

    Cosmoline Member

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    It appears to be a mere offense. Like a traffic violation. And yes they CAN throw you in jail for a traffic violation. But it might be worth fighting.
     
  11. Bovice

    Bovice Member

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    Maybe if you didn't pay the ticket. Unless it's a criminal offense like DUI, you aren't going to jail from a traffic stop.
     
  12. DMK

    DMK Member

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    While I agree with you completely, in some places you are required by law to inform.
     
  13. Bovice

    Bovice Member

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    So I've heard. There's also an amendment to the constitution protecting us from unreasonable search and seizure. Let's say I was required to say if I had a gun. I say I don't. It stops right there. They have no reason to believe otherwise, so a search wouldn't be legal, and when the traffic stop is over, I'm on my way.
     
  14. shaggy430

    shaggy430 Member

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    That is very interesting. I drive through Collegedale all of the time and am usually carrying concealed. I have a feeling there is more to this story.......
     
  15. Zonamo

    Zonamo Member

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    I think you are correct on the others, but it is not required by law in Arizona to inform.

    Arizona Gun Laws
     
  16. MedWheeler

    MedWheeler Member

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    Makes me wonder how many of the "shall-notify" states have laws allowing locales to have such strong prohibitions.. Notify, as required by state law, and get hauled off to the hoosegow by the locals for breaking theirs..
     
  17. Zonamo

    Zonamo Member

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    I know we are on the subject of requirement to inform, but the way you quoted that it might be confusing as to whether having a firearm in the car is "misconduct" in Arizona. Just to be clear, the rest of the paragraph reads:

    (a) In the furtherance of a serious offense as defined in section 13-706, a violent crime as defined in section 13-901.03 or any other felony offense; or (b)...

    Arizona is an open carry state. It has always been legal in Arizona to have a firearm in your vehicle visible in a holster, or in luggage or the glove box, which was not considered "under immediate control."

    To carry concealed you used to need a Concealed Carry permit, but about 2 years ago Arizona enacted Constitutional carry. Under current law, it is not misconduct to carry a concealed weapon even in a vehicle unless it is in furtherance of a serious crime or you are under 21.

    As for requirement to inform, you are right that you must respond honestly if an officer asks you. But you are not obligated to volunteer the information. I personally have never been asked.
     
  18. OldMac

    OldMac Member

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    From what i learned today, the hcp was seen when the drivers license was asked for and produced. The life member nra and ron paul bumper stickers did the talking unfortunately. I guess they thought exercising your 1st, waives your 4th, and cost your 2nd. I have also been through collegedale many times and even lived in the limits for a few years without ever hearing of this code until now. If a business has to post a sign, it seems like a city should post this ban at the city line. I assume this is not the only trap city around.
     
  19. razorback2003

    razorback2003 Member

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    I'm in West TN. The permit is good statewide.

    About the only places you cannot legally carry in are these:

    1. Schools misdemeanor or felony
    2. Courtroom during court felony
    3. Properties both public and private with Proper signage misdemeanor 500 dollar fine

    4. Some local parks high level misdemeanor


    Something has to be more to this story for this guy to get arrested in a traffic stop when he has a permit.
     
  20. philoe

    philoe Member

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    I thought Big Whiskey was somewhere out west. :0 Embarrased to see this happened in my home state (based on being taken in for simply possessing with permit).

    Waiting for more info before I comment further.
     
  21. OldMac

    OldMac Member

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    I know THR is all about obeying the law and their 1977 law may be valid. However, you can't obey the law if you dont know the laws in every 2 bit village. I sincerely hope he beats this rap and gets these old hidden laws removed to protect all of us. The state should at least provide a list of places that your permit is not valid. We all know about schools, courts, post offices, etc. but nobody mentioned towns.
     
  22. baz

    baz Member

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    I was thinking about a vacation in TN sometime this year. Maybe I should contact the state's department of tourism (all states have something along the lines) and ask them specifically which cities I should avoid visiting if I don't want to be arrested.

    Seriously, I am from next door (Arkansas) and travel through TN frequently carrying on the basis of my AR CHL being valid via reciprocity. But if there are cities where even TN's own permit is not valid, that needs to publicized somehow.
     
  23. TNBilly

    TNBilly Member

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    Baz.... go ahead and try if you like but I think you'll find all they know squat about is Dollywood, Seiverville, and the more common tourist areas. I'd be dead surprised if you'd find one of them that has a clue on gun laws.
     
  24. Bovice

    Bovice Member

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    Ok, so if the crap hit the fan when the LEO saw his concealed weapons permit. If that's what set this all off, we learn a new lesson.

    DON'T KEEP YOUR PERMIT IN PLAIN SIGHT! When you open your wallet, what do you see? If you see your permit, move it someplace it can't be seen, even if you remove your driver's license.

    Anybody on state or federal payroll should be suspect. Don't make it so easy for them. Don't give them a thing.
     
  25. baz

    baz Member

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    I was thinking, maybe, of making a more "political" point. But more practically, I guess, is there anyone in TN who would know? The State Police, perhaps? Does TN have any gun groups that might know? I'm not going to Dollywood, or any of the other tourist meccas. We're more into visiting historical sites and museums.

    It isn't difficult to scratch Collegedale off the list of places to go see. We were not planning to go that far east. I think I will google for gun groups in TN and see what I can find out. But I'm glad this thread gave us a heads up on this as a potential problem in TN.
     
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