The issue of guns in municipal parks has aroused a lot of emotion and is generating a lot of e-mail to City Council members. On one side are people are strong proponents of gun rights and residents who believe that having a concealed gun when they are in a public place helps to ensure their safety. On the other side are people who believe that introducing guns into public parks is a threat to public safety. Among the people I’ve heard from are friends with strong views on both sides of this issue.
Following is text from a message that I have been sending to people who’ve e-mailed me on this topic:
The matter of guns in parks is on the agenda for the next City Council
meeting next Monday, July 20.
Guns are currently not permitted in our city parks. A new state law that
allows people with handgun carry permit holders to carry their guns in
public parks will take effect September 1, 2009, and will apply in Oak Ridge
city parks unless the City Council decides by resolution to “opt out.”
The “opt-out” resolution that City Council will consider next Monday
would maintain the existing ban on guns in our parks, with exceptions
for law enforcement officers, hunters in an authorized hunt (we do have
them in some city areas), World War II re-enactors at Secret City, and
similar exceptions. It would apply to all parks, natural areas,
greenways, and similar properties owned or operated by the city. (Guns
will continue to be banned on school property regardless of what we do.)
I intend to support the opt-out resolution to continue the ban on guns
in our city parks. As I see it, this restriction is not related to a
citizen’s right to bear arms, but rather is a reasonable restriction to
ensure public safety and allow citizens to feel secure when they use the
city’s public playgrounds, parks, greenways, and other areas.
Added: A recent News Sentinel article helps explain why it is that police officers and recreation managers in Tennessee — and many Oak Ridge citizens — prefer not to allow handguns in city parks, even in the hands of permittees. A man with a handgun permit who “did not seem to be mentally stable” (according to a Knoxville Police) fired his handgun in a greenway area near where children were playing. Fortunately, no one was hurt. Charges against the shooter included impersonating a law enforcement officer and reckless endangerment, and his handgun permit was suspended “and will be revoked if he is convicted.” It’s unfortunate but true that the fact that someone passed a background check and went through firearms training is no guarantee of that person’s future mental stability and responsible handling of firearms. Yes, he was already violating state law by taking his gun into a public park, but the fact that some people violate laws is not a reason for eliminating those laws. I believe that telling people like him that it’s OK to take their guns into parks increases the chances for gun violence in parks — it certainly does not make people safer.
Thanks Ellen. I agree with you and appreciate your stand and anticipated vote.
I strongly support the “opt out” resolution and hope you will continue to do so as well.
HCP holders safely carry almost everywhere. Are the suddenly going to go crazy when they enter a park or greenway? With the law-abiding citizens restricted it leaves the criminal free do do as he pleases. We are setting up a “No self-defense” zone for muggers in our greenways. Such a small percentage of the public has HCP’s. What gives anyone the right to disallow what the Constitution, federal, and state law allows us to do in order to protect ourselves from the criminal element among us? Please, do not vote to opt-out.
I could not disagree with you more. A ban on legal firearms would be unenforcable and only remove from honest citizens the ability to defend themselves from crime. I will not support a councilperson who would remove my ability to protect my family from danger.
Ms. Smith, why do you believe that it is safer when the only firearms being carried in parks will be illegal ones? Your position deprives the honest citizen of his/her ability to defend against those who have criminal intent and a weapon with which to carry out the crime. I hope you will reconsider your position before Monday’s meeting and vote not to opt out.
Interesting: A bipartisan majority of the United States Congress passed the measure, as did a bipartisan majority of the TN legislature–and the more-wise Oak Ridge City Council, considers “opting out”.
Ellen. You took an oath to support the Constitution. The Constitution limits government’s purview in this matter. Where in “shall not be infringed” do you see parks as an exception? You and your colleagues who voted tonight have exemplified the meaning of tyranny of the majority. In doing so, you will have contributed to reduced safety in our public parks. The data supporting this is clear.
Mr. Childress and others, this law has only shown how little our elected officials work. This opt-out law does nothing to bring safer parks into Oak Ridge, like they even care, so we have what we had before. No law is going to stop me or anyone else from bringing a gun to where I believe I need it for my safety. Just as they would like, we are all treated as criminals to make their job easier. No law is going to make our parks safer, wiser citizens will.
Bill and Fred:
The state legislature expressly gave local governments the choice of “opting out” of their action that changed state law to allow concealed handguns in parks. That’s all City Coucil did in our vote.
Regardless, I don’t see where the words “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” say that an individual is entitled to carry a loaded gun when he takes his kids to a local playground, watches a ballgame in a city park, or walks on a public greenway or in a city-owned greenbelt. Furthermore, many legal scholars interpret the Second Amendment to apply only to the actions of the federal government (not to actions by states, local governments, or private persons).
People who contend that all gun permit holders deserve to be trusted implicitly might want to think about the implications of the Google ad (for a Nashville law firm) that displayed when I searched for “second amendment.” The text of the ad says “Expunge criminal records — regain your right to own a firearm.”
Our parks have implicit attributes by the tax paying residents, but the idea and statement that a criminal mind would change their behavior to breaking the law is even less believable. Even if a person can change, when will our parks change? How many more years are citizens going to live with the lack of protection and the continued vandalizing and littering at our parks? I could care less about the gun law in parks, one person cannot stop all the weapons and drugs and sex that is there now, but when will our police start monitoring our parks? It will take an armed militia to regain access to some of our parks very soon while our city council ignore our parks and continue to ask for volunteers to improve our parks. We pay taxes for those parks to be maintained, yet police are too busy chasing petty thieves who continue to menace our retailers. Yes people, Oak Ridge has plenty enough retail to steal from on a daily basis and some parks is right where some of that money goes for yet more illegal activity.
This law will not stop guns in our parks, nor would have HCP people in our parks. Our parks are still havens for illegal use, yet honest law abiding citizens have to pay for the use with money sometimes but also with their comfort and safety: I’d say settlers of this nation had an easier time just sitting outside then than Oak Ridgers have today.
WELL, I GUESS THE CITY CHARTER COMMISSION CAN START DOING THEIR LAUNDAY WORK (JOB)BY MARKING AN “X” THROUGH THE WORDS CONSTITUTION SINCE 5 OF OAK RIDGES FINEST CITY COUNCIL PERSONS MADE THE CHOICE TO NOT OBEY THEIR OATH OF OFFICE —–
WELL IT MAKES ME WANT TO BUY A GUN —- I NEVER HAVE OWNED A 35 CALIBER NAIL GUN BUT AT LEAST I COULD DEFEND MY SELF IN OAK RIDGES OPT OUT PARK SYSTEM.
“I WANT TO OPT OUT OF MY LOCAL GOVERNMENT?”
CHUCKLE
Leroy, many legal scholars interpret the Second Amendment to apply only to the actions of the federal government. It does not restrict the states or local governments.
YES ELLEN
I AM FULLY AWARE THAT DIFFERENT PEOPLE LIKE TO RE-INVENT LAWS TO THEIR OWN INDIVIDUAL NEEDS RATHER
THAN LET’S SAY ALTERING THE OAK RIDGE OATH OF OFFICE ONCE YOU DROP THE WORDS US CONSTITUTION AND STATE LAWS — OAK RIDGE HAS LITTLE REASON FOR BEING OTHERTHAN EXTRACTING MONEY FROM ITS RESIDENTS. LOCAL COMMUNITIES USE TO TAX SOLELY FOR ROADS AND SCHOOLS. THEY ONLY TAXED HORSES AND CATTLE —NOW ITS TURNED INTO A CENSUS BUREAU FOR TAXIATION. I FIND IT RATHER FUNNY THAT WE CLAIM THAT WE WANT PEOPLE TO VISIT OAK RIDGE AND THEN WE TAX THEM —WHEN THEY STAY AT HOTALS, RESTRAURANTS, MOVIE THEATERS WHEN THEY GAS UP THEIR CARS. THEN WE BEND LAWS TO DO WHAT IT TAKES TO MAKE OAK RIDGE UTOPIAN — A DOUBLE STANDARD.
THATS JUST LIKE THE POLICE OFFICER WHO ARRESTED
THE AFRICAN AMERICAN PROFESSOR. THE POLICE REALIZED THAT HE HAD VIOLATED THE MANS RIGHTS SO HE INVITES THE MAN OUTSIDE HIS HOME SO HE COULD LEGALLY ARREST HIM —-A CASE OF TWO WRONGS DON’T MAKE A RIGHT.
I GUESS WHAT REALLY BOTHERS ME IS THAT BY THE CITY COUNCILS VOTE —- THEY DID NOT MAKE PARKS ANY MORE SAFER THAN WHAT EXISTED BEFORE; EXCEPT THAT MAYBE IT GAVE THE COUNCIL BRAGGING RIGHTS TO THE AFFECT THAT THEY ATTEMPTED TO LOOK AS THOUGH THEY WERE CONCERNED.
Leroy, please review the history of how this came about.
The City Council was not responding to a problem with violent crime in the parks — we don’t have any such problem.
Rather, in June the Tennessee General Assembly passed a law that allows people with handgun carry permits to carry their concealed guns in public parks, effective September 1. That change in state law will apply to county and municipal parks, unless the local government “opts out”. Opting out basically keeps the old state law (which bans guns in parks) in force.
The City Council consideration of an “opt out” resolution was pretty much necessitated by the legislature’s action. Every local governing body in the state is having to discuss this, if not also act on it. We most definitely were not grandstanding or looking for “bragging rights” — if anything, this was a distraction from more pressing city business and has caused unwanted divisiveness in the community.
Ellen, your posted story is a pre-mature conclusion. I know the park, and I wouldn’t go there without arming myself. To talk more about the park, sexual activity, drug sales, and thefts are always reported there, but not always reported in the news. The gym in Pittsburgh, the home invasion in S. Knoxville this morning, and we are unable to build a jail or hire more police officers in Oak Ridge, unarming citizens is a very bad decision.
What needs to be posted is every incident, not just ones that support your case but do not present the actual situation.
Ellen, I was sitting at a cedar blurr intersection waiting for an emergency police vehicle to come through with siren and flashing lights everyone was stopped except this lady who had her cell phone with her hand propped up against the left window she proceeds to make a leftturn. The police was coming down the turn lane like a bat out of hell he was within 5 seconds of being killed because he had to stop for this woman. Ahd our legislature is banning texting and tweetering=—– another half law
Why not get the oak ridge city council to “opt out” and ban cell phone use while driving a vehicle? I like the cartoon on the back of a trailer truck —-How’s my txting ?
Ray: I have the impression that a large fraction of the crimes involving guns are committed with guns that were originally acquired by people who wanted to protect themselves or their families.
Leroy: It is highly unusual for a state law to have a provision for local governments to “opt out.” The new “texting while driving” ban applies statewide — there are no “opt in” or “opt out” provisions.
Do you mean similar to the gun that was being holstered in front of an Oak Ridge business? Ellen, that has no bearing on the fact this city council is not addressing the criminal activity in this issue on a level where everyone feels safe. Do you really feel all guns are in the hands of trained people and when this happens it is the guns fault? Do you think we are all to stupid to know a gun is lethal? What this issue is about are all the guns in this city that you and your fellow council members cannot remove so the lot of you decided not to allow trained gun owners everywhere into Oak Ridge, like the untrained gun owners walking Oak Ridge. That person has that gun because you cannot keep guns out of Oak Ridge or its parks, but you don’t address the issues of people in peril around Oak Ridge. Wouldn’t it have been easier to sell the parks to developers and the city to not own property at all? Didn’t David Bradshaw say that; the city shouldn’t own property or be in that business? Your comment about guns is very similar to Oak Ridge shouldn’t have parks because they fall into misuse.
Yes it is unusual to have our constitution be an either/or understanding, and that use is very wrong. It is very clear to those who wish to be and do the best they can without imposing on others. Mr. Gilliam is very clear about “texting” and driving, but what is holding the City of Oak Ridge back to ban cell phone use in a vehicle. I see it also, and you must have to, Ellen. That hand to the ear and the inattentive driver. I stay away from those drivers, and I also stay away from Oak Ridge parks.
I am Dr.LeRoy Gillam.I dont know where Oak Ridge are or what you and the want to be talking about Ellen
I did not make that comment unless you have another LeRoy Gillam
Please by almeans help me understand the comment i supose to have made
when the only comment are this one.
It’s not surprising to discover that there’s more than one “Leroy Gilliam” in the United States — although we can be sure that there are many more people named “Ellen Smith”!
For the record, the last comment is by Dr. LeRoy Gilliam of Houston, Texas. The earlier comments on this post were by Leroy Gilliam of Oak Ridge, Tennessee.