Bill seeks to carve out gun carry exemption

Events in parks, major sports venues

NASHVILLE — Two Democratic lawmakers filed a bill Monday to exempt events held in public parks and major sports venues from the “guns-in-parks” law, passed by the Tennessee legislature this year to block cities and counties from banning handgun-carry permit holders from going armed in locally owned parks.

State Senate Minority Leader Lee Harris (D-Memphis) and Rep. John Ray Clemmons (D-Nashville) pre-filed the bill for consideration after the legislature reconvenes in January.

Senate Bill 1432/House Bill 1409 would add an exemption to the guns-in-parks law saying that guns, including those carried by permit holders, aren’t allowed at events in public parks that require a ticket. It says permit holders could go armed in the park after the event concludes.

The bill would also make it clear that the 2015 law does not apply to “stadiums, arenas and complexes

owned by local governments and used by a professional sports team to play, practice or train,” such as FedExForum in Memphis and Nissan Stadium in Nashville.

“Allowing guns in areas with large crowds where alcohol is consumed is a recipe for disaster, and creates a grave danger for law enforcement officers, who might not be able to distinguish friendlies with a gun from criminals,” Harris said. “Concert promoters made clear that they want the ability to ban weapons at their events, and rely exclusively on law enforcement and security to keep attendees safe.”

Concern about guns at events held in parks and sports venues arose when an advisory legal opinion issued July 29 by Tennessee Attorney General Herbert Slatery indicated that the guns-in-parks law that went into effect in April is so broad that local government can’t block permit holders from carrying guns at any event held in a city- or county-owned park or “other recreational facility,” regardless of whether it is operated by a third-party contractor for a ticketed event like a concert.

“By its plain terms, (the law) applies to all parks and all other recreational facilities that are owned or operated by a county or municipality.

County or municipal ownership is all that is needed to bring the property within the scope of the statute. Whether a fee is charged for use or admission or whether use or admission is free of charge is irrelevant. Likewise, it is irrelevant whether access is controlled by physical barriers or not,” Slatery wrote.

“Moreover, an admission or use charge or a fence would not cause a public park or other public facility to lose its status as a public park or public facility.”

The opinion continued: “The legislature clearly and unambiguously removed any option or authority that counties and municipalities formerly had to prohibit a handguncarry permit holder from possessing a handgun in a park or other recreational facility.”

Major events held in locally owned parks include Memphis in May and, in Knoxville, Brewfest and Brewers’ Jam in the cityowned World’s Fair Park.

Clemmons said the new bill “is the result of feedback Sen. Harris and I received from law enforcement, business owners and families across Tennessee.

“Everyone agrees that the law, as written, poses a serious threat to our families’ safety and our local economy. We’re proposing a common-sense solution with the support of those on both sides of the gun debate to try and keep public events in Tennessee safe.”