How does this posting work?!

[Smith]

Went to Rivergate Chick-fil-A and noticed an interesting posting. On the stop sign as you entered the complex roadway off of Gallatin Rd., there was a properly worded and sized sign just below the stop sign. Do they intend that the mall is posted and all stores you access with those roads are off limit? Can they post access roads in the first place? This could be problematic at the least. I did notice another access entrance had a free standing sign as well. I'm assuming all entrances are posted.

[Fallguy]

If all the entrances are posted, then Yes, the enitre property, including the parking lot is off limits.

The property owner can post at the edge of his property if he wants to.

[Smith]

If all the entrances are posted, then Yes, the enitre property, including the parking lot is off limits.

The property owner can post at the edge of his property if he wants to.

What about the other business you use these roads to access? Are they off limits as well even though they have not individually posted? Does this mean you can't have a gun while driving to and from these places?

[Fallguy]

What about the other business you use these roads to access? Are they off limits as well even though they have not individually posted? Does this mean you can't have a gun while driving to and from these places?

Are these places on the property owned by the mall? If so, then the property owner has taken away the indvidual stores choice as whether to post or not by posting the property they own themselves.

If the places are on their own property, then I don't think the posting would apply to them.

You may have to read the sign in detail to see exactly where the posting is applied to.

[Fallguy]

See Question 3 of TN AG Opinion 07-43

Q: In a building with multiple businesses, does Tenn. Code Ann. § 39-17-1359(a) require the posting of signs at every entrance to the entire building, or to each separate business that elects to prohibit handguns if the entire building has not prohibited the possession of handguns on the premises?

A: Tenn. Code Ann. § 39-17-1359 requires the posting of notices at the entrances of each individual business that prohibits weapons on its property if possession of handguns has not been prohibited on the entire property.

As you can see in the last part of the answer, if the entire property has been posted, then each individual business does not have to post.

[Guest Marine03]

OK to add a twist a local mall has all the general outside entrances posted but none of the stores entrances from the outside are posted nore the from the stores to the mall common area's. So say if you enter through Sears there is no posting, Then you go to the common area through Sears no posting. So what happens if caught? I haven't seen any postings on the edges of the property either.

I understand what the law says about individual entrances being posted. I just wonder how screwed you would be because it's half properly posted half not.

Edited October 24, 2009 by Marine03

[Fallguy]

OK to add a twist a local mall has all the general outside entrances posted but none of the stores entrances from the outside are posted nore the from the stores to the mall common area's. So say if you enter through Sears there is no posting, Then you go to the common area through Sears no posting. So what happens if caught? I haven't seen any postings on the edges of the property either.

I understand what the law says about individual entrances being posted. I just wonder how screwed you would be because it's half properly posted half not.

It would be up to the LEO/Judge.

My argument would be that I entered through Sears (or wherever & if that is what I did) and did not see a posting.

Whether they buy it or not......who knows. I have not heard of any charged or convicted of 39-17-1359 in the state.

[Oh Shoot]

OK to add a twist a local mall has all the general outside entrances posted but none of the stores entrances from the outside are posted nore the from the stores to the mall common area's.....

Hamilton Place.

I enter through any of the anchor stores.

Actually, ate at Picadilly's there last time was down seeing mom...they have an outside entrance (unposted) also.

- OS

[JayC]

What about the other business you use these roads to access? Are they off limits as well even though they have not individually posted? Does this mean you can't have a gun while driving to and from these places?

Those businesses own their own land in virtually every case. And the mall can not post public roadways under 39-17-1359.

So while a business may close all of it's land, the posting does not cover public roads and/or land owned by somebody else.