penality for carry in posted location

[laktrash]

Whats the penality for carrying in posted location I've been visiting my aunt at fort sanders hospital. Today I saw the the sign for no firearms for first time. I thought I had looked before, either they are new or I just missed them. I went in anyway but what is the penality if someone spots you and reports you.

[Guest bkelm18]

PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500).

If I'm not mistaken, its a Misdemeanor of some sort.

[Glock30Owner]

Whats the penality for carrying in posted location I've been visiting my aunt at fort sanders hospital. Today I saw the the sign for no firearms for first time. I thought I had looked before, either they are new or I just missed them. I went in anyway but what is the penality if someone spots you and reports you.

I would check as amany entrances as you can. If the posting isn't at all the entrances, the penalty can not be applied, as they are not posted according to the law.

You could still be charged, but you should win in court.

I'm not advising you do do anything, the choice to carry in a (improperly)posted area is yours, as are any consequences.

[Fallguy]

Yep Class B Misdemeanor - $500 fine

[Guest slim]

Would the penalty, be a lot worse for having a gun on school property?

Could one lose it if convicted of a class B misd?

[Guest bkelm18]

Would the penalty, be a lot worse for having a gun on school property?

Could one lose it if convicted of a class B misd?

School property: Class E Felony if I'm reading the law correctly.

[Guest Glknknox]

School property: Class E Felony if I'm reading the law correctly.

Yep, private property and state/gov. are two different things

ETA: private property=opinion, there choice..........you can be asked to leave without getting the full treatment.

State/gov=law............no go, your screwed

They cover this in carry classes, also plenty of info on the interweb about it.

Edited April 5, 2009 by Glknknox

[Guest slim]

Thank's guy's! Reason i asked was, last week a shop teacher in Ft. Ogleth. was arrested, after talking strangely, he made no threads, but when police came they found a knife in his boot and then a loaded hand-gun in his vehicle, he was charged they said with a felony, due to gun in car!

[Guest bluecanary25]

Was it a "legal" posting or just a pic of a gun with the red cirle and line?

If not in accordance with TCA, it has no legal weight, but they can ask you to leave...... do so,without arguement.

And as many have stated, concealed means concealed.....

(yeah, that's right, from someone that OCs half the time).

[laktrash]

It was very well concealed. I just didn't want to go back to car, but didn't want to get into any big issues because of it, inside hospital doesn't concern me. The walk to and from car could be touch and go. The fort sanders area has had some problems in the past.

[G27]

Could one lose it if convicted of a class B misd?

Good question - can you lose your HCP for a class B misdemeanor?

[Fallguy]

Good question - can you lose your HCP for a class B misdemeanor?

Well...No and Yes.

Arrest or conviction for a Class B misdemeanor in-and-of-itself is not grounds for suspension or revocation of a HCP.

However there is always the catch all of "Poses a material likelihood of risk of harm to the public" in 39-17-1352(a)(3)

Also 39-17-1352(a)(6) says for any violation of 39-17-1351 - 39-17-1360 which would include 39-17-1359

39-17-1352 Suspension or revocation of license.

(a) The department shall suspend or revoke a handgun permit upon a showing by its records or other sufficient evidence that the permit holder:

(1)

Is prohibited from purchasing a handgun under applicable state or federal law;

(2)

Has not accurately disclosed any material information required by §

39-17-1351

;

(3)

Poses a material likelihood of risk of harm to the public;

(4)

Has been arrested for a felony involving the use or attempted use of force, violence or a deadly weapon or a felony drug offense;

(5)

Has been convicted of a felony;

(6)

Has violated any other provision of §§

39-17-1351

— 39-17-1360; or

(7)

Has at any time committed an act or omission or engaged in a pattern of conduct that would render the permit holder ineligible to apply for or obtain a permit under the eligibility requirements of §

39-17-1351

( (1) It is an offense for a permit holder to knowingly fail or refuse to surrender to the department a suspended or revoked handgun permit within ten (10) days from the date appearing on the notice of suspension or revocation sent to such permit holder by the department.

(2)

A violation of this subsection (

is a Class A misdemeanor.

© (1) Upon the suspension or revocation of a permit, the department shall send notice of the suspension or revocation to the permit holder and the appropriate local law enforcement officers. The notice shall state the following:

(A)

That the permit has been immediately suspended or revoked;

(

That the permit holder must surrender the permit to the department within ten (10) days of the date appearing on the notice;

©

That it is a Class A misdemeanor punishable by up to one (1) year in jail for the permit holder to knowingly fail or refuse to surrender the permit to the department within the ten-day period;

(D)

That if the permit holder does not surrender the suspended or revoked permit within the ten-day period, a law enforcement officer will be directed to take possession of the permit; and

(E)

That the permit holder has thirty (30) days from the date appearing on the notice of suspension or revocation to request a hearing on the suspension or revocation.

(2)

If the permit holder fails to surrender the suspended or revoked permit as required by this section, the department shall issue authorization to the appropriate local law enforcement officials to take possession of the suspended or revoked permit and send it to the department.

(d) The applicant shall have a right to petition the general sessions court of the applicant's county of residence for judicial review of departmental denial, suspension or revocation of a permit. At the review by the general sessions court, the department shall be represented by the district attorney general.

(e) (1) If a permit holder is arrested and charged with burglary, a felony drug offense or a felony offense involving violence or the use of a firearm, then the court first having jurisdiction over the permit holder with respect to the felony charge shall inquire as to whether the person has been issued a Tennessee handgun carry permit, order the permit holder to surrender the permit and send the permit to the department with a copy of the court's order that required the surrender of the permit. The department shall suspend the permit pending a final disposition on the felony charge against the permit holder.

(2)

If a permit holder is arrested and charged with any felony offense other than an offense subject to subdivision (e)(1), then the court first having jurisdiction over the permit holder with respect to the felony charge shall inquire as to whether the person has been issued a Tennessee handgun carry permit, order the permit holder to surrender the permit and send the permit to the department with a copy of the court's order that required the surrender of the permit, unless the permit holder petitions the court for a hearing on the surrender. If the permit holder does petition the court, the court shall determine whether the permit holder will present a material risk of physical harm to the public if released and allowed to retain the permit. If the court determines that the permit holder will present a material risk of physical harm to the public, it shall condition any release of the permit holder, whether on bond or otherwise, upon the permit holder's surrender of the permit to the court. Upon surrender of the permit, the court shall send the permit to the department with a copy of the court's order that required the surrender of the permit and the department shall suspend the permit pending a final disposition of the felony charges against the permit holder.

(3)

If the permit holder is acquitted on the charge or charges, the permit shall be restored to the holder and the temporary prohibition against the carrying of a handgun shall be lifted.

(4)

If the permit holder is convicted of the charge or charges, the permit shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered permit to the department.

(5)

If the permit holder is placed on pre-trial diversion or judicial diversion, the permit holder's privilege to lawfully carry a handgun shall be suspended for the length of time the permit holder is subject to the jurisdiction of the court. The court shall send the surrendered permit to the department.

(f) (1) If a permit holder is convicted of a Class A misdemeanor offense, the permit holder shall surrender the permit to the court having jurisdiction of the case for transmission to the department.

(2)

The permit holder shall not be permitted to lawfully carry a handgun or exercise the privileges conferred by the permit for the term of the sentence imposed by the court for the offense or offenses for which the permit holder was convicted.

(g) In order to reinstate a permit suspended pursuant to subsection (e) or (f), the permit holder shall pay a reinstatement fee of twenty-five dollars ($25.00) with one half (½) of the fee payable to the department of safety and one half (½) payable to the court that suspended the permit.

(1)

Prior to the reinstatement of the permit, the permit holder shall have paid in full all fines, court costs and restitution, if any, required by the sentencing court.

(2)

Failure to complete any terms of probation imposed by the court shall be a bar to reinstatement of the permit.

(3)

Prior to reissuance of the permit, the department shall verify that the permit holder has complied with all reinstatement requirements of this subsection (g).

Another note on misdemeanors then...39-17-1352(f)(1) conviction of Class A misdemeanor will get your HCP suspended until you complete what ever the sentence of the court is.

[Guest GunnerD]

Yep, private property and state/gov. are two different things

ETA: private property=opinion, there choice..........you can be asked to leave without getting the full treatment.

State/gov=law............no go, your screwed

They cover this in carry classes, also plenty of info on the interweb about it.

Not necessarily true. What a pain in the butt if I had to figure out some way to drop my kids off at school and still legally carry. Law below.

39-17-1310. Affirmative defense to carrying weapons on school property. —

It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:

(1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;

(2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;

(3) A person possessing guns or knives when conducting or attending “gun and knife shows†and the program has been approved by the administrator of the educational institution; or

(4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.

[Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.]

[Punisher84]

If I'm not mistaken you could lose your permit for carrying in a posted location because it could be construed as a "gun crime" not 100% sure though.

Just be careful of the substantially similar stuff. I tend to be a bit more cautious. If I see signs on every entrance that say No Guns Allowed or the circle slash I'm not gonna grace that place with my presence. It's obvious what that business owner's intentions are. I don't feel like giving them my money or explaining to an anti-gun LEO or DA why I chose to carry in there.

[Guest looneeetunes]

just a short story my wife had to go to a local hospital recently. she wound up staying the night. we had to go thru the er. i was outside doing paper work (i forgot to say i was not packing) well got the paperwork done and went back into the er with the wife. well it was a double room split with a curtain. my wife was on the far side with kind of a funny look on her face nodding her head towards the other patient(who i could not see for the curtain, and they couldnt see her) well i slid over a little to see thru the curtain. low and behold there was about a 60 to 70 year old barney fife, and a inmate in the bed all bloody. well she said she overheard them talking while i was out saying he had been in a jailhouse fight, and thats why he was there. needless to say at that moment the posting on the door meant nothing to me and i made a beeline for the car and came back better prepared. mr fife was armed, but ole boy in the bed made about two of him, and i dont think it would have taken much for him to retrieve barneys gun. posting was the old circle slash, but if it would have been the real deal at that instance it wouldnt have made a diffrence to me

[Punisher84]

just a short story my wife had to go to a local hospital recently. she wound up staying the night. we had to go thru the er. i was outside doing paper work (i forgot to say i was not packing) well got the paperwork done and went back into the er with the wife. well it was a double room split with a curtain. my wife was on the far side with kind of a funny look on her face nodding her head towards the other patient(who i could not see for the curtain, and they couldnt see her) well i slid over a little to see thru the curtain. low and behold there was about a 60 to 70 year old barney fife, and a inmate in the bed all bloody. well she said she overheard them talking while i was out saying he had been in a jailhouse fight, and thats why he was there. needless to say at that moment the posting on the door meant nothing to me and i made a beeline for the car and came back better prepared. mr fife was armed, but ole boy in the bed made about two of him, and i dont think it would have taken much for him to retrieve barneys gun. posting was the old circle slash, but if it would have been the real deal at that instance it wouldnt have made a diffrence to me

You'd have probably gotten shot by his backup when he called in the situation if you'd have pulled it.

If it's anything like where I work (hospital) that inmate isn't getting far and there will be quite a few other people moving towards the scene if anything goes south.

Just something to think about if you are going to ignore a legal posting. Not saying your intentions (protecting you and your wife) aren't good, but it always bothers me a bit that people spout so openly about breaking the law.

[Guest looneeetunes]

when everyone was "moving to the scene" it may have been after they heard two shots one for the guard and one for the woman in the bed next to him (my wife). not willing to take that chance

[Guest looneeetunes]

just to mention my wife is a nurse in the same hospital, and the security station is at least a 30 or 40 second run to the room we were at