Gun bans aimed for some Nashville, Memphis parks despite law

City officials in Nashville and a massive event organizer in Memphis say they plan to still prohibit guns at certain parks, despite a new state law that nixes any bans on people with permits taking guns to public parks.

The mayors of both cities — along with the mayors of Knoxville and Chattanooga — opposed the move by state lawmakers to force local governments to allow people with permits to take guns into their parks.

The law still passed. Gov. Bill Haslam initially opposed the bill, but recently signed a changed version while asking cities and counties to monitor what the law means for their parks.

Now, as Tennessee cities prepare for a summer season full of concerts, sporting events and festivals, city and private officials continue to grapple with how they will enforce or follow the controversial new law.

'Recreational purposes'

Until recently, Nashville had opted out of a law that allowed people with handgun permits to take their weapons into public parks.

But state lawmakers removed that exemption this year while adding language about how school events affect when people with permits may bring their weapons to parks.

The new law makes no mention of whether people with permits may bring their weapons to concerts or other large events at parks.

That poses a potential problem for the new Ascend Amphitheater planned for West Riverfront Park. National entertainment company Live Nation will operate the amphitheater and it has a company policy against allowing guns at any of its events.

A Live Nation spokeswoman declined to comment late Tuesday.

Metro Director of Law Saul Solomon said he thinks the Metro legal department found a solution.

"We're in the view that we can probably prohibit weapons in the new amphitheater," Solomon said Tuesday.

He acknowledged the property is a public park, but said he thinks the new law shouldn't apply to the amphitheater. That's because the law references taking guns to areas owned, used or operated by a local government "for recreational purposes."

Solomon said Metro will argue attending a concert doesn't fall under the definition of a "recreational purpose."

"When we think of 'recreating,' it's somebody going out and doing something, not somebody sitting around," Solomon said.

The phrase "recreational purpose" is defined in state law, and the definition includes passive activities such as "picnicking" and "viewing or enjoying" scenic sites. But the definition isn't in the same part of the law that addresses guns in parks, so it's unclear whether it applies in this case.

It's also still unclear whether Metro would allow people with gun permits to take their weapons into areas of West Riverfront Park outside the amphitheater during a concert, or into the amphitheater when there isn't a concert.

Security guards will be at the amphitheater when there is a concert. Solomon argued the guards also will help Metro prevent people from bringing guns to the venue.

He said the intent of the law was to provide protection to people who go to potentially remote areas of parks, not in areas with security guards.

There's no guarantee state lawmakers or courts will agree with Metro's interpretation of the law. Lawmakers were adamant that they wanted gun laws for parks to be uniform across the state, and a judge could rule the Metro interpretation violates state law if — or when — it's challenged in court.

Solomon argued that Metro is forced to come up with interpretations of how to enforce the law.

"It's not the clearest piece of legislation I've ever seen," Solomon said in another recent interview.

Guns at Memphis in May become issue

Every May, thousands of people flock to Memphis for the famed Memphis in May events.

The biggest events take place at Tom Lee Park, along the Mississippi River. Memphis has a "management agreement" with the nonprofit Riverfront Development Corporation, which leases Tom Lee Park to the Memphis in May International Festival, another private entity, for the Memphis in May events.

Event organizers ban guns and other weapons at the park. Memphis in May International Festival President and CEO Jim Holt said the new law won't change anything for the event.

"As a producer of events, we have the right to stipulate rules and guidelines for patrons entering the leased park space to attend our events," Holt said in an emailed statement.

"We prohibit any type of weapon, including pocketknives and we have other restrictions such as food and beverages, chairs, umbrellas, cameras, selfie sticks, etc. for patrons that attend our events."

Holt is "clearly" wrong, said state Senate Minority Leader Lee Harris.

"We don't have the right to ban guns in our parks, so we can't give that right to a leasee," said Harris, a Democrat, former Memphis city councilman and professor of law at the University of Memphis School of Law.

Harris spoke against and voted against the guns-in-parks bill, as did most Democrats in the House and Senate. He said he thought lawmakers were a bit "scatterbrained" when they created the law, but the fact that it allows people with permits to bring their guns into parks is clear.

"In my view ... in the view of a lot of us, young folk, drinking and guns don't mix. And that permitting guns in these parks for the purposed reason of enhancing safety is absurd," Harris said.

Memphis Deputy City Attorney Regina Newman agrees with Harris' opinion that the new law increases the potential for gun violence.

She said in a statement the city is still working on how it plans to enforce the new law, adding the city attorney has "not yet issued an opinion" as to whether a private entity hosting an event at a city park may ban guns.

Memphis in May events are already underway. The Memphis in May International Festival website still says guns are banned in Tom Lee Park.

'Immediate vicinity' and signs

The law says people who have handgun permits still can't bring their guns within the "immediate vicinity" of a school-sanctioned sporting event that is underway at a park.

The law doesn't define "immediate vicinity." Lawmakers said they didn't want to create "gun-free zones."

Solomon said that means the law forces local governments to try and make a call about what "immediate vicinity" means. But that doesn't mean Metro has been given the right to define it.

Charles Swanson, law director for the city of Knoxville, also questioned a city's legal authority to interpret state laws. He expressed similar concerns as others about allowing guns around sporting events in parks, but said the city would do what it could to help explain the new law.

That means taking down signs that say guns are banned in parks, even though the law said local governments could leave up the signs.

"I think as a general rule we're not a big fan about misleading people about what the law actually is," Swanson said. "If we have signs up that misstate the law, I'm not particularly comfortable about that."

Nashville is leaving up its signs, Metro Parks Director Tommy Lynch said. Memphis hasn't made a decision on its signs, Newman said.

Reach Dave Boucher at 615-259-8892 and on Twitter @Dave_Boucher1.