Tennessee promotes itself as a great vacation destination. The Smokies, several state and federal parks, greenways are everywhere, cave systems, waterfalls, and even some entertainment in the “blue city” cesspools for those willing to put their lives at risk. But vacationers and tourists must be careful because Tennessee’s two recent Republican governors and its Republic controlled Legislature have created, kept or refused to fix laws in the state that could put a lawful gun owner in jail. The risk? A needless but intentionally created and preserved set of laws that create gun free zones that have criminal consequences.
Take for example the hallmark 2021 legislation that Bill Lee himself pushed through the legislature with the help of House sponsor William Lamberth and Senate sponsor Jack Johnson. That legislation, which many have mischaracterized as a “constitutional carry law”, created a process where some people (not all) who can legally possess a handgun in Tennessee can carry that handgun in the state without a permit – if 7 conditions are met.
But, that law has a trap with respect to gun free zones that could land Tennesseans and tourists who are relying on it either under arrest, in jail or under criminal prosecution. For example, in Tennessee there is a statute (TCA 39-17-1311) which prohibits all firearms possession in public parks, outdoor facilities, civic centers, greenways, campgrounds, and similar places.
After years of fighting to get relief from that law, the Tennessee legislature created an exception in 2008 for those who have handgun permits (even that law created criminal prosecution traps by applying differently in local parks compared to state or federal parks). But the law in Tennessee still makes it a crime to have a handgun or firearm in a park unless the person has a permit. That is THE problem. When Bill Lee and the Republicans were considering the 2021 permitless carry law, TFA alerted them that there were lots of problems with the legislation but they largely ignored those warnings.
So, the law as passed does all some people to carry a handgun in Tennessee without a permit, including non-residents, but the Republicans in the Legislature did not include a provision that would allow those people in the state’s many parks, campgrounds, greenways, civic centers, etc. — unless the person has a permit. The minute someone thinks they can carry without a permit – even if they can do so – and then goes into a public park, they commit a crime.
Another example? As noted above, since 2008 those who have permits are able to carry a handgun into SOME public parks, greenways and campgrounds – but not all. If those areas particularly parks and campgrounds are privately owned, they can still be posted as gun free zones under TCA 39-17-1359.
Another example? Let’s assume someone with a permit is lawfully in a public park with a handgun based on the 2008 law. Then, let’s assume a school has students come into the park to use the facilities – ball fields, golf course, run cross country, etc. Under the traps contained in Tennessee law and preserved by the Republicans in the Legislature, whenever the school students are in the park and using its facilities for any “school” related activity then the law says that the park is classified as a “school” property and possession of a firearm in that park when the school is “using” the park could be a CLASS E felony! TCA 39-17-1309 and -1311.
Tennessee’s Republican governors and its Republican controlled Legislature have intentionally created traps that could put gun owners under criminal prosecution merely for doing what would otherwise appear to be reasonable activities.
As your, your family and friends look forward to enjoying Tennessee’s many vacation and recreational activities you need to be aware of these traps. You might also need to carry the phone number of a knowledgeable attorney and enough money to bond yourself out of jail.
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