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published Tuesday, June 23rd, 2009

City plans new vote on guns in parks

Audio clip

Larry Zehnder

Interim City Attorney Mike McMahan said Monday it could be a matter of weeks before a resolution is drafted that officially would prohibit handgun-carry permit holders from taking their guns into Chattanooga's city parks.

"We'll take no chances," he said. "We will pass a resolution or ordinance."

Last week, the City Council approved 8-0 a prohibition on firearms in public parks, which already exists under city ordinance.

The new state law, which takes effect Sept. 1, states specifically that a resolution is required to opt out of allowing firearms in parks. The council's voice vote last week was neither a resolution nor an ordinance, so official steps must be taken to make city law follow the state's.

OPT-OUT PROVISION

Under the state law, by resolution adopted by a majority vote of its legislative body, a municipality or county may elect to prohibit persons possessing a valid handgun carry permit from carrying a handgun into a county or municipally owned park. If a park is jointly owned or operated by municipalities or counties, then each affected legislative body must adopt a resolution by a majority vote to elect the prohibition in that park. The election would affect the entire park.

Source: House Bill 0716

Council Chairman Jack Benson said Monday he planned to ask Mr. McMahan the specifics on what will be needed to keep guns out of the city's 59 parks.

Mr. Benson has been a strong critic of the bill and has said he wants to maintain city parks gun-free. He said the city will do what it takes.

"We want to take official action to maintain prohibition," he said.

Councilman Peter Murphy, chairman of the legal and legislative committee, said Monday that the city has some time since the bill does not take effect for about two months.

He said it seemed like a simple process.

"It seems like we need a resolution," he said. "We'll have a public hearing."

City Parks and Recreation Administrator Larry Zehnder said Monday that one aspect still being examined is what to do with signs already in parks that say guns are prohibited. Some of the signs say state law prohibits guns in the parks, while others just say firearms are prohibited, he said.

He said he did not know the cost of altering the signs to say that state law bans guns, and he did not know how many signs there were.

"We're still taking inventory," he said.

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