Parks sign question...

[Guest HexHead]

Okay, now what if a locality has opted out, but they don't post the sign or haven't posted it yet. Is it still illegal to carry?

[-boatman-]

I think they have to post it. Otherwise how do you know if it is ok to carry or not with parks here opting out and others not. It will be a mess if it is not posted. As to where it is illegal or not I am curious also.

[Fallguy]

The new law says the must (actually I think it says shall) post a sign.

State law now makes a general exception for HCP holders to carry their handguns in parks. So the only real way for a local government to give notice would be to post a sign.

I bet more than half of the local governments that have opted out haven't even thought about this and many probably won't post signs.

How it would play out in a park where the government has passed a resolution, but not posted signs.....can't say for sure.

[Guest johnnyo]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

[Mike.357]

I would be very curious as to how many cities that opted out of park carry actually follow through and post legal signage.

[Guest D.B. Cooper]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

Wow, my memory is slippin' bad already... I just *read* this in the newspaper about an hour ago and already I'm not sure, but I think the sign is right. The way that I remember reading the article, the law does in fact prescribe a maximum penalty of eleven months and twenty nine days and a fine not to exceed $2500 for carrying a weapon into the park *IF* the locality has passed a resolution not to permit guns in their parks.

[Oh Shoot]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

Yes, of course it is a state law.

That sign is exactly as per the statute, assuming it is also at least 6" high and 14" wide.

The penalty for carrying in a local park has been the same ever since it was enacted. It did not change during this last statute change.

- OS

[Fallguy]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

The sign in 100% correct and legal.....as long as they passed a resolution.

State law says if they pass a resolution it is against the law (state law).

Also the new park carry laws specifies that exact sign as the sign to be posted if a local government opts out.

[EMTRN]

Yes, of course it is a state law.

That sign is exactly as per the statute, assuming it is also at least 6" high and 14" wide.

The penalty for carrying in a local park has been the same ever since it was enacted. It did not change during this last statute change.

- OS

The law does not say exactly, I believe it says "substantially similar."

[Fallguy]

The law does not say exactly, I believe it says "substantially similar."

Nope, the 39-17-1311 park law says exaclty on the wording and at least on the size.

[analog_kidd]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

Signs exactly like that one appeared in a park near my house(Cedar Hill park on Michigan Ave.). Wasn't sure if they were always there or not, as the sign post did not look like it was freshly planted. I never paid attention before, but I went on a mission this week. I wasn't sure if that was the proper wording or not either. The way it is written, it almost sounds like pre new law verbiage. I guess not

[Oh Shoot]

The law does not say exactly, I believe it says "substantially similar."

See FallGuy's response.

You have the business posting statute confused with the park one.

The biz one is the "substantially similar".

See the prob with all these nit picking laws?

(EMTRN is a LEO and can't keep them sorted).

- OS

[Fallguy]

The way it is written, it almost sounds like pre new law verbiage. I guess not

The wording of the sign in 39-17-1311 did not change with the new law. It simple said local governments that opt out shall post the sign.

Before the new law, even though the signs (same signs) were required by 39-17-1311 a local government could actually opt out of having to post.

[EMTRN]

My mistake, I assumed the law was the same.

[JayC]

signs in Blount County read.

"NO WEAPONS

Misdemeanor: State law prescribes a maximum penalty of eleven (11) months and twenty-nine (29) days and a fine not to exceed two thousand five hundred dollars ($2500) for carrying weapons on or in public recreational property"

here's a photo of one of the signs

Guns legal today in Blount County, Rockford parks

My question is, This rule isn't a "state law", is it? It's a local city law right? Could this sign be right?

The violation is described in state law, and state law allows them to post so I'd say yes it's a legal sign.

[Guest bkelm18]

Signs exactly like that one appeared in a park near my house(Cedar Hill park on Michigan Ave.). Wasn't sure if they were always there or not, as the sign post did not look like it was freshly planted. I never paid attention before, but I went on a mission this week. I wasn't sure if that was the proper wording or not either. The way it is written, it almost sounds like pre new law verbiage. I guess not

There's a brand new fresh sign at the entrance to Clark Center Park/Carbide Park, whatever it's called now. Saw it the other day.

[GoVols]

The law says as stated: (copied from 39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. — ).

© (1) Each chief administrator of public recreational property shall display in prominent locations about the public recreational property a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:

MISDEMEANOR. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF ELEVEN (11) MONTHS AND TWENTY-NINE (29) DAYS AND A FINE NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) FOR CARRYING WEAPONS ON OR IN PUBLIC RECREATIONAL PROPERTY.

(2) As used in this subsection ©, “prominent locations about public recreational property†includes, but is not limited to, all entrances to the property, any building or structure located on the property, such as restrooms, picnic areas, sports facilities, welcome centers, gift shops, playgrounds, swimming pools, restaurants and parking lots.

[Guest logicprevails]

Gotta love Philrobert Bredicooper (sarcasm intended....closed caption for the sarcastically impaired).

The AG opinion 09-0158 basically tells us through unclear language (see item #6) that a person can be can still be arrested, charged and convicted of violating the ban even if the municipality has not complied with the posting requirements:

http://tn.gov/attorneygeneral/op/2009/OP/OP158.pdf

[wjh2657]

And if Miss Jenny is holding a picnic with her third grade in the park, you may be in violation whether the park is posted or not, according to several other AG rulings. If a school is using the park for any school related reason, the park is out of bounds for carry without the need for posting. And they can't clearly define the boundary limits of the park involved. Once a school starts using the park you enter a very risky gray area.

[Garufa]

Okay, now what if a locality has opted out, but they don't post the sign or haven't posted it yet. Is it still illegal to carry?

From experience, I was taught that "Ignorance is no excuse".

Reversal of that means standing tall before the man.

Take that for what you will.