### IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE April 16, 2002 Session DEBORAH ANN

SMITH KELLER v. DON ALD LABRON K

ELLER Direct Appeal from the Circuit Court for Br adley County No. V/95/855-V/97/249 Hon. John B. Hagler, Circuit Judge

FILED MAY 28, 2002 No. E2001-01399-COA-R3-CV

Appellant held in contempt by Trial Judge was ordered not to have any guns whatsoever around the parties’ minor chil d. We af firm. Tenn. R. App. P.3 Appeal as of Right ; Judgment

of the Cir

cuit Cour

t Affir med. H ERSCHEL P ICKENS F RANKS , J., delivered the opinion of the court, in which C HARLES D. S USANO , J R ., J., and D. M ICHAEL S WINEY , J., joined. D. Micha el Bryant , Clevela

nd, Tenne ssee, fo

r Appella nt. Randy Sellers, Cleveland, Tennessee, for Appellee.

OPINION

The father

appeals from a

Trial Court Order holding him in contempt of court. The Order r eads, in p ertinen

t part: Ordered, that

as to the remainin g issues of Ms. Kelle

r’s req uest to hol d Mr. Kell er in contempt regarding display of

firearms around Ms. Keller, the Court holds that Mr. Keller is in criminal contempt for al l owing the parties’ son to displ ay a fir earm in front of Ms. Ke ller with M

r. Kelle r prese nt, and the

Court th erefore pe rmanent ly enjoins Mr. Kelle

r from h aving any guns whatsoever in the presence of the minor child for any reason. The parties were divorced in 1997 and the Final Decree contains the provision that “Mr. Keller shall never display any of the guns in front of Ms. Keller again, which conduct will be-2-

contemptuous on his par t. . . .” In

Ms. Kelle

r’s Counte

r-Petiti on for Contempt, s he char ges a violation of the Court’s previous Order.

Our re v iew of fi ndings of f

act in the Trial Cour

t is de novo with a presumption of correc tness, unless the evidence preponderates otherw ise. Tenn. R. App. P. 13(d); Bah v. Bah , 668 S.W.2d 663, 665 ( Tenn. Ct. A pp. 1983) . Howeve

r, in the a bsence o f a tran script o f s tatement of evidence prepar

ed in acc ordance

with Tenn . R. App. P. 24( c), this Court assumes that had the record been preserved , it w ould have contained sufficient evidence to support the Trial Court’s f actual findings. Sherrod v . Wix , 849 S.W.2d 780, 783 (Tenn. Ct. App. 1992). No transcript of the evidence accompa nies this a ppeal. Appellant argues that the Trial Court’s ruling is an unconstitutional restriction upon his “right to bear arms”, and in addition infringes upon his privacy interest in rearing his child as he sees fit, as guaranteed under Hawk v. H awk , 885 S.W.2d 573 (Tenn. 1995), because the Courtdid not find a substantial risk of harm to the child. However, the issue in this case is not Mr. Keller’s rightto own and possess and use guns which he obviously has. Rather, the technical record reveal s the issue before the Trial Court was Mr. Keller’s display of guns in the pre sence of Ms. Keller. Such a prohibition against displaying firearms in Ms. Keller’s presence was included in the Final Decree of Divorce and the contempt for which Mr. Keller was convicted was allowing the child to display a gun in the presence of Ms. Keller.

Because there is no transcript of evidence, we conclusively presume the findings of fact of the Tr ial Court a

re corr ect in all respec ts. We af

firm t he Judgment of the Trial Court and remand, with the cost of the appeal assessed to Donald LaBron K eller.

_________________________ H ERSCHEL P ICKENS F RANKS , J.