Law or Policy or Both?

[Guest Caveman]

Oh boy, lots of bad info here...

Unless you're rude or the officer who comes out is having a bad day, most likely you'll simple be asked to leave once the officer determines you have a valid HCP.

As OhShoot has stated nobody has ever shown me a single case in TN of anybody being prosecuted until 39-17-1359 properly posted or not.

You'd have to try pretty darn hard to be the first one is my guess...

If this were to happen, I'd claim I didn't see any sign and that you'd be happy to leave if they don't want you to stay.... Again unless you're rude or the officer is having a very bad day 99/100 they'll just ask you to leave.

Awesome, I'm glad we have an authority on the matter that can swoop down and save us from our conversation frought with bad info, thanks my man.

[Guest bkelm18]

Awesome, I'm glad we have an authority on the matter that can swoop down and save us from our conversation full of bad info, thanks my man.

[Guest Caveman]

Nice...

[Guest ogreabroad]

...

Edited February 3, 2010 by ogreabroad
multi-tap... sorry

[Guest Jamie]

AS A LE I WILL ONLY SAY THAT IF YOU SAW THE SIGN, YOU ARE BREAKING THE LAW. HOWEVER, ALL THE OFFICERS I KNOW WOULD ASK YOU TO LEAVE AND/OR PLACE THE FIREARM SECURELY IN YOUR VEHICLE WHILE IN THE STORE. MOST OFFICERS KNOW IF YOU HAVE A PERMIT YOU HAVE BEEN THROUGH THE BACKGROUND CHECKS AND ARE LAW ABIDING CITIZENS. TO US THAT MEANS YOUR A GOOD GUY AND PROLLY ON OUR SIDE SO WE WANT TO KEEP YOU GUYS HAPPY. FOR THOSE OF YOU IN NASHVILLE, BASS PRO SHOP HAS A SIGN POSTED ON THE OUTSIDE DOOR BUT NOT ON THE ENTRANCE FROM THE MALL SO BE AWARE OF THIS.

You keep up and the internet police are gonna come get you...

BTW... I don't think I've ever seen an adult, much less an LEO, type "prolly" as a word.

J.

[Guest Caveman]

You keep up and the internet police are gonna come get you...

BTW... I don't think I've ever seen an adult, much less an LEO, type "prolly" as a word.

J.

I agree, and Biggun, when you are using the contaction for "you are" it is spelled "you're" or in your case "YOU'RE."

[Guest uofmeet]

getting back on track here, i think once i get my permit and gun, once i see sign i shop elsewhere......

[jeremy155rr]

the "i didn't see the posted speed limit your honor" never worked when i was in court all day during college and i don't see the difference here. of course you would have to get arrested/charged for it to come to that and i've never heard of that happening either.

[Guest HexHead]

I have a "NO SOLICITORS" sign posted on my door, does that mean if a solicitor comes in they can be arrested for breaking the law?

No, but it does give you the right to be rude to them.

[Guest HexHead]

AS A LE I WILL ONLY SAY THAT IF YOU SAW THE SIGN, YOU ARE BREAKING THE LAW.

I got to take exception to this as you are clearly WRONG. According to the AG, a posting sign must be substantially similar in it's wording to the example, and must contain the TCA code to be a matter of law. "No weapons" signs don't mean squat legally.

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 the sign is LEGALLY worded, it carries the weight of the law and you cannot carry there. If the sign is NOT LEGALLY worded, it does not carry the weight of the law and the most the store owner can do is ask you to leave, which you must. Just to note, violation of a legally worded sign is a misdemeanor and IIRC you can't be charged with a misdemeanor unless it occurs in the presence of a LEO.

To add, the sign must be "substantially" worded similar to:

[Guest Caveman]

No, but it does give you the right to be rude to them.

Oh I am, If you have seen any of my posts you probably know I have no problem being rude.

[Guest HexHead]

Oh I am, If you have seen any of my posts you probably know I have no problem being rude.

Yeah, worked for me too. HAHAHAHA.

When they looked insulted, I just pointed at the sign.

[Oh Shoot]

I got to take exception to this as you are clearly WRONG. According to the AG, a posting sign must be substantially similar in it's wording to the example, and must contain the TCA code to be a matter of law. "No weapons" signs don't mean squat legally.

Be sure and tell that to the judge if you happen to be the first TGOer to be charged with this and he happens to convict you.

The AG has also issued an opinion that you can be found guilty of carrying in parks in municipalities that have opted out, even if there are no signs posted at all.

- OS

[Guest 270win]

You cannot be lawfully arrested for breaking just a policy IF you are following the law. In your scenario, I would politely and immediately leave the property when asked to leave. I highly doubt a police officer is going to waste his time booking someone with a permit over a max 500 fine misdemeanor (IF properly posted by chance) unless you are a total jerk and like to cause a scene. The best thing to do is be quiet and offer to leave. Don't talk about your rights, proper/inproper signs, etc. The best thing to do is to properly conceal your handgun to avoid these problems. Look into good holsters, the right sized handgun, and your clothes that will cover your handgun to keep anyone from ever knowing if you want to avoid the silly TN sign problem. I have a snub in a pocket or ankle holster and go about my business never worrying.

[Guest Caveman]

You cannot be lawfully arrested for breaking just a policy IF you are following the law. In your scenario, I would politely and immediately leave the property when asked to leave. I highly doubt a police officer is going to waste his time booking someone with a permit over a max 500 fine misdemeanor (IF properly posted by chance) unless you are a total jerk and like to cause a scene. The best thing to do is be quiet and offer to leave. Don't talk about your rights, proper/inproper signs, etc. The best thing to do is to properly conceal your handgun to avoid these problems. Look into good holsters, the right sized handgun, and your clothes that will cover your handgun to keep anyone from ever knowing if you want to avoid the silly TN sign problem. I have a snub in a pocket or ankle holster and go about my business never worrying.

In his scenario he isn't asked to leave, the clerk just calls an LEO.

[Guest HexHead]

You cannot be lawfully arrested for breaking just a policy IF you are following the law. In your scenario, I would politely and immediately leave the property when asked to leave. I highly doubt a police officer is going to waste his time booking someone with a permit over a max 500 fine misdemeanor (IF properly posted by chance) unless you are a total jerk and like to cause a scene. The best thing to do is be quiet and offer to leave. Don't talk about your rights, proper/inproper signs, etc. The best thing to do is to properly conceal your handgun to avoid these problems. Look into good holsters, the right sized handgun, and your clothes that will cover your handgun to keep anyone from ever knowing if you want to avoid the silly TN sign problem. I have a snub in a pocket or ankle holster and go about my business never worrying.

+1 on all that.