City may opt out of guns-in-parks law

Shelbyville's city council will vote in August on whether to opt out of a new state law that allows those with carry permits to lawfully possess handguns in city parks.

The newly passed Public Chapter No. 428 would authorize citizens in Tennessee with handgun carry permits to be able to lawfully possess a firearm in federal, state or local parks.

However, cities also have the option of excluding their parks by passing a resolution, according to the University of Tennessee Municipal Technical Advisory Service.

The new law allowing guns in parks goes into effect on Sept. 1 of this year, and if Shelbyville chooses to enact the resolution, it would have to be done before that date.

The item will be on the council's agenda for the month of August.

If enacted, the city would have to place signs in its parks that prohibit the weapons.

City manager Ed Craig said he was sure that "there are many pros and cons" to the issue.

"I'm sure you'll hear from your constituents," Craig told members of the council.

Craig said one issue was kids and parents in the parks for baseball games, which he said was a "big concern."

"That's the difference between local parks and state parks ... the types of activities," Craig said.

Councilman Thomas Landers said he did not know of anyone that would want to carry a firearm in a park, but then asked city attorney Ginger Shofner a legal question.

He asked a hypothetical situation put to him by a citizen -- if a woman has a firearm carry permit and is not allowed to possess one in a city park, and then she is raped, could the city be sued because she was denied the right to bear arms?

Shofner said that city has a right to "opt out" of the law and it was her opinion that there would "not be any liability whatsoever."

Council member Kay Rose said her back yard borders the park's walking trail and that she would not feel comfortable knowing someone could be walking behind her home with a weapon.

Public Chapter No. 428 would allow carry permit holders to possess a handgun "while within or on a public park, natural area, historic park, natural trail, campground, forest, greenway, waterway or other similar place that is owned or operated by the state, a county, a municipality ..."

The "opt out" option would allow a city to prohibit the carrying of a firearm in these places, as well as parks.

Also, a city could amend the resolution to prohibit handguns in some parks, while allowing them in others.

The possession of weapons was already allowed in recreational areas for individuals in certain circumstances such as law enforcement, reserve officers in training, private police, lands designated as open for hunting, persons attending gun or knife shows, or someone delivering or picking up passengers who do not use the weapon in any manner.