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Gun rights and the oath of office in Knoxville, Tennessee

The Knoxville, Tennessee City Council met on September 22, 2009 to decide the fate of a forty-seven year old ordinance (Chapter 20. Article III. Sec. 20-60) banning handguns and other weapons from city parks. Another ordinance (Chapter 19. Article IV. Sec. 19-104), which oddly enough was not addressed, carries an exception for “an Army or Navy pistol which shall be carried openly in the hand”, was written in 1962, long before the modern handgun carry permit system came into being. (One wonders how local law enforcement officers would respond to a citizen carrying a M1911 through Krutch Park openly in the hand.)

There was a motion introduced to repeal the Chapter 20 ban for persons holding handgun carry permits. The motion was defeated. This action led to an examination of the Oath of Office for elected officials in the State of Tennessee.

The oath is found in the Tennessee State Constitution, and states that an official “shall, before entering on the duties thereof, take an oath to support the Constitution of this State, and of the United States,...” Since the plain language reading of the Oath of Office requires support for the U. S. Constitution, a majority of the Council Members voted contrary to their oath.

Mayor Haslam spoke on the issue, and at first seemed to be making a case for repealing the ban. But, he went on and stated that he would rather leave the current ban in place, with its $50.00 civil penalty.

He stated that if the ban were rescinded, and the City Council then decided to opt-out of the new state law allowing carry in parks, it would create a criminal offense, with a $500.00 fine and possible jail time.

These statements lead one to the conclusion that neither Mayor Haslam, nor a majority of the City Council, are strong adherents to their oath, nor are they strong proponent of gun rights.  

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, Knoxville Gun Rights Examiner

Liston Matthews has been involved in the gun rights movement since 1971. He was involved in passage of the Tennessee carry law, and its improvements. He has testified before local legislative bodies. He has contacted politicians and had numerous editorial letters published. He believes that...

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