Tammany Trace Carry (Banned)

[mb504]

On this page about Tammany Trace: http://www.tammanytrace.org/rules.shtml

ON THE TRACE OR IT'S FACILITIES, DO NOT:

[...]

Carry or discharge firearms or fireworks

Is the property owned by the St. Tammany Parish government by a "private non-profit"?

If it's owned by the parish, isn't this in violation of the state's preemption?

I know you can carry on State Parks now and I don't know of any other specified victim disarmament zone that would apply to the Tammany Trace.

Was going to take a walk on it today, but one thing my wife will want to have with her is her PDE (Personal Defense Equipment) (Yes, it looks a lot like a revolver).

I'm going to drop them an email about it, but if anyone knows a better contact I'd love to hear about it.

 

[charliepapa]

I doubt they make you walk through a metal detector.

 

[SpeedRacer]

From their site:

Trace Funding
The St. Tammany Parish government purchased the abandoned Illinois Central Railroad corridor on December 20, 1992. With the help of grants and federal dollars, the St. Tammany Parish goverment has asphalted 31 miles, remodeled railroad trestles into pedestrian bridges and maintained the Trace.

Support the Trace
Even though the St. Tammany Parish government has provided the staff and funds to make the Trace what it is today, the Tammany Trace Foundation was formed to serve as a fund raising board for the Trace. The Tammany Trace Foundation is a private, nonprofit corporation that raises funds for continued improvement and expansion of The Tammany Trace. The Foundation hosts the annual Holiday of Lights, numerous walks, rides and various events to help fund Trace activities.

We're always looking for volunteers and donations.

I don't feel like they have the power to ban firearm carry, but the "ownership" seems like a grey area. I doubt any charges would hold up in court though.

 

[mb504]

Emailed the contact on the site (she's on vacation), but it's a St Tammany Parish gov address, so it seems it would be parish property.

 

[sraacke]

If it's owned by the parish, isn't this in violation of the state's preemption?

It would seem so but good luck convincing the LEO called to the report of a man with a gun. You may beat the charge but you probably won't beat the ride.

 

[charlie12]

Looks like a public park owned by the parish to me. Looks like Tammany Trace Foundation is just a money raising bunch.


Trace Funding
The St. Tammany Parish government purchased the abandoned Illinois Central Railroad corridor on December 20, 1992. With the help of grants and federal dollars, the St. Tammany Parish goverment has asphalted 31 miles, remodeled railroad trestles into pedestrian bridges and maintained the Trace.

 

[jmcrawf1]

There have been stabbings, robberies, and other things on the trace. *I* damn sure would pack iron. Concealed means concealed.

 

[tactical723]

They did this because of the streaker and several sexual assault perps that were arrested several years ago, foundation mgt trying to keep the criminal element out. They were legit crimes and they targeted the Trace because of the women runnning and biking alone on the path and the perps could hide in the woods. The foundation is runned by a bunch of libs on mopeds, I doubt the Parish actually knows the signs are up, and doubt the deputies would enforce the CCW gray area. When I was a deputy and they first opened, they did not want to give us the padlock keys to the locked bollards at Hwy 59, Dove Park and Lonesome Rd entrances. The employees (volunteer), mopeds, signs, etc are all owned by the foundation and not the parish, all 501C3 org operating on Parish land.

 

[Gerberman]

Keep us posted. I'd like to be able to carry on the trace as well. You can come to some pretty desolate areas while riding sometimes.

 

[mb504]

Tammany Trace carry update

I wanted to post an update on this issue. Over the last many months and about 50 emails, I have been going back and forth with the Director of the Tammany Trace. She says she is bound by St Tammany's ordinance No. 94-2024 which prohibits the carrying or discharging of firearms on the Trace. I pointed out that Louisiana has firearms preemption[1] and since the Tammany Trace is owned and operated by a government entity they could not make a firearm law or ordinance, which conflicted with the state law.

She stated that she presented this fact to the Parish Attorney, Council Attorney, Parish Administration, and Parish Council. She has stated that they are in agreement that the Ordinance will stand. Lisa, the director has been responsive and helpful, but is bound by the Council's wishes in this case.

So as it stands, according to the St Tammany Parish, you are a bad law breaker, if you carry a firearm on the Tammany Trace, regardless of the state law.

The best response they had back about carrying on the Trace had to be:

"we have many schools and churches within 2,000 feet of the trace and according to the law, no weapons are allowed within this area."

Which of course required a short email rebuff.[2]

If you live or visit St Tammany and would like to carry for your protection on the Tammany Trace, you should contact the Parish Council to let them know. The Parish Council contact information is located here: http://www.stpgov.org/leadership_parishcouncil.php The Director of the Tammany Trace's email is: lmaddox@stpgov.org



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[1]
§1796. Preemption of state law

A. No governing authority of a political subdivision shall enact after July 15, 1985, any ordinance or regulation more restrictive than state law concerning in any way the sale, purchase, possession, ownership, transfer, transportation, license, or registration of firearms, ammunition, or components of firearms or ammunition; however, this Section shall not apply to the levy and collection of sales and use taxes, license fees and taxes and permit fees, nor shall it affect the authority of political subdivisions to prohibit the possession of a weapon or firearm in certain commercial establishments and public buildings.

[2]
As to the schools and churches, I'm not sure if that was ever the case about a 2000 foot zone. I'm pretty solid on the current law. I'll address churches and schools separately. I'll try to keep it short, but if you would like me to expand, I would be glad to.

Schools:
In 1990, the US Congress pass the Gun-Free School Zones Act[1a]. This established a 1000 foot "gun free zone" around most schools, but gave the states some control over it, based on if the person is licensed by the state. When Louisiana passed its concealed weapons law, it choose to include the school "firearm-free zone" as
one of those prohibited areas for the license holder.

On 07/02/2010, HB556 was signed by the Governor, becoming Act No. 925[2a]. Act 925 changed the prohibition of where concealed handgun permit holders, in reference to the schools. It was changed from the federally defined "firearm-free zone"[3a] to school campus, or school bus.

Churches:
With the original concealed weapons law in Louisiana, churches were a prohibited place. There was never (to my knowledge) a zone around the church. But as we know, the law rarely stays the same for long...

On 07/02/2010, HB1272 was signed by the Governor, becoming Act No. 944[4a]. Act 944 removed the outright prohibition of guns in churches and set up a framework in which the leader of the church can allow persons to carry in the church. While it is illegal for someone to "just walk off the street" and carry a firearm in a church, it is possible now for a private citizen (with the blessings of the leader of the church and the required training) to carry in the church.

------------

[1a]
http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990
http://thomas.loc.gov/cgi-bin/bdquery/D?d101:3266:./list/bss/d101SN.lst::

[2a]
http://www.legis.state.la.us/billdata/streamdocument.asp?did=722945

[3a] as defined in R.S. 14:95.6.
http://www.legis.state.la.us/lss/lss.asp?doc=78745

[4a]
http://www.legis.state.la.us/billdata/streamdocument.asp?did=722965

 

[JadeRaven]

Good update.

I would love for St. Tammany Parish to buy me a new motorcycle. . .

 

[oleheat]

Well, no worries. I'm sure the criminals will listen to them.

 

[mb504]

Well, no worries. I'm sure the criminals will listen to them.

And the coyotes?

http://www.nola.com/northshore/index.ssf/2009/10/coyotes_are_snatching_pets_in.html

 

[Bearco]

and bear

Keep all the correspondence you had with them.

 

[Tom Gresham]

I did a podcast about this yesterday.

http://guntalk.libsyn.com/bonus-podcast-more-no-shrug-policy-in-action-

 

[Bearco]

I did a podcast about this yesterday.
http://guntalk.libsyn.com/bonus-podcast-more-no-shrug-policy-in-action-

I just listened to it, great job. Keep us posted on response. I will prepare an email as well.

 

[bayoupirate]

I don't carry, I put it in a holster.

 

[charlie12]

Can't wait to see how it plays out

 

[SpeedRacer]

So even though by letter of the law they don't have the authority, they're sticking to their guns (or lack thereof) on this. I'd love to see a charge try to hold up in court.

 

[Bearco]

So even though by letter of the law they don't have the authority, they're sticking to their guns (or lack thereof) on this. I'd love to see a charge try to hold up in court.

Go jogging today OC style