Penalty for concealed carry in Memphis Parks

[Guest dart67eb]

Does anyone know what the penalty for concealed carry in Memphis parks?

[Fallguy]

If they have "opted out" and properly posted per 39-17-1311 a violation would be a Class A misdemeanor.

A Class A misdemeanor is punishable by up to 11 months and 29 days in jail and a fine of $2500

Also a conviction of a Class A misdemanor will cause your HCP to be suspended for the length of any sentence, including probation.

[Guest 270win]

I have not seen proper signs at Overton Park when I have gone to the Memphis Zoo or to Shelby Farms which is a Shelby County Park. Please do not call either governmental entity and point that out to them. It is best for them to be left in ignorance. I carry at both locations and will continue to. Memphis City Govt. is not known for efficiency or doing things properly...so not surprised by not seeing these signs at Overton Park....hopefully it will stay that way...just don't ask or tell!

[Guest walkingdeadman]

How about don't get caught. That is what I do.

[kb4ns]

It is best for them to be left in ignorance. ...just don't ask or tell!

+1

Shhhhhhh!

[Guest don_m]

Just a thought . . . some of what I'm seeing here would be like gold to a prosecutor who was determined to make an example of someone. Internet forums are hardly "confidential."

[Guest Dean Wormer]

Just a thought . . . some of what I'm seeing here would be like gold to a prosecutor who was determined to make an example of someone. Internet forums are hardly "confidential."

Yeah, if you DO get caught, you better hope to hell they don't figure out your internet postings!

Don't ask, don't tell INCLUDES THE INTERNET

[Guest db99wj]

Follow the law and abide by the legal postings.

[Guest bkelm18]

How about don't get caught. That is what I do.

Let's not advocate breaking the law.

[Guest 270win]

If the parks do not have the proper signs, you are not breaking the law. If there are the proper signs, as required, you are risking the Class A Misdemeanor...probably fine with a clean record and gun seizure. I have no idea if you can buy your gun back or not in TN. As I stated, do not call Memphis parks and ask them if they have the proper signs, when they are going to put them up, or anything about a sign. Please do not do that. Many parks in Memphis city limits do not have the 'proper' signs, thus making some of us legal. If you are not from this area, you do not understand how incompetent Memphis is at anything it tries to do, so as I stated earlier, please let Memphis stupidity at not putting up the proper signs just stay stupid....thus keeping us legal when we go to certain parks.

On a side note, there was a guy in Germantown (yes I believe they have the proper signs), who got caught in a park with his handgun because someone saw it, he was cited...and it sounds like it is something he will be fined for like most Misdemeanors.

Edited April 26, 2010 by 270win

[Guest Dean Wormer]

On a side note, there was a guy in Germantown (yes I believe they have the proper signs), who got caught in a park with his handgun because someone saw it, he was cited...and it sounds like it is something he will be fined for like most Misdemeanors.

I believe Collierville parks are legal to CC

[Guest stmccann]

...you are risking the Class A Misdemeanor...probably fine with a clean record and gun seizure....

Really? Asset forfeiture (the weapon) for a MISDEMEANOR?

[Fallguy]

If the crime involved the weapon (as illegal carry would), it is always going to be seized.

Whether you get it back or not will be up to the court.

[Guest 270win]

Yes, if you get caught breaking a misdemeanor weapons law, it is common to get your weapon confiscated when you get cited. You may get cited instead of booked, but your weapon will probably be taken. It kind of stinks...but part of the deal. I know of someone back in Arkansas tha admitted to the police in a traffic stop for having a handgun in the glovebox without a license...and not 'on a journey' or 'going to or from hunting'...that individual had the handgun taken by the police when charged with 'carrying a weapon' ( Class A misdemeanor). I've heard it happens in TN too for 'intent to go armed' (C or A Misdemeanor).

It depends on the state, county, or town whether you can get your gun back..depending on your record...the outcome of the charge..such as if you were able to get it dropped..your criminal record. I've heard of folks back in AR going to auction to get guns back. So if you decide to break misdemeanor weapons laws, don't carry a an expensive gun because you may be giving the police department a nice new gift if you are caught!

Edited April 27, 2010 by 270win

[Guest stmccann]

If the crime involved the weapon (as illegal carry would), it is always going to be seized.

Whether you get it back or not will be up to the court.

I would think that the legislation saying the 'offense' was a 'crime' would also spell out the penalties - and if the penalty of loss of my personal property without just compensation were not spelled out, the court could not just decide to keep my property....

But then again, they have more guns than I and will just do whatever they please, even if it is in direct opposition to what they say are their laws.

Hmmm - If I mistakenly carry where there it is not allowed - and they call it a 'crime' - where is the victim?

And if at the end of their playacting to punish me by keeping my firearm for a violation of statutes - and they steal my property in defiance of their statutes, and the US Constitution - I am the victim of a state sponsored crime.

Just an extremist rant I guess.

[Guest db99wj]

I drove through Shelby Farms, two Sunday's ago mid to late afternoon. You want to know why most people and our leaders think parks are safe? Because they don't go there during these times.

Word of advice, keep moving, and you are planning to stay, be careful.

[Fallguy]

I would think that the legislation saying the 'offense' was a 'crime' would also spell out the penalties - and if the penalty of loss of my personal property without just compensation were not spelled out, the court could not just decide to keep my property....

But then again, they have more guns than I and will just do whatever they please, even if it is in direct opposition to what they say are their laws.

I will see if I can find anything in the TCA on this

Hmmm - If I mistakenly carry where there it is not allowed - and they call it a 'crime' - where is the victim?

The "People of the State of TN"

And if at the end of their playacting to punish me by keeping my firearm for a violation of statutes - and they steal my property in defiance of their statutes, and the US Constitution - I am the victim of a state sponsored crime.

Just an extremist rant I guess.

I don't necessarily disagree.....

[Oh Shoot]

The "People of the State of TN" ..

Yeah, all the carry stuff is under Chapter 17,

"Offenses Against Public Health, Safety and Welfare"

- OS

[Fallguy]

39-17-1317. Confiscation and disposition of confiscated weapons.

(a) Any weapon, except those covered by subsection (h), that is possessed, used or sold in violation of the law shall be confiscated by a law enforcement officer and declared to be contraband by a court of record exercising criminal jurisdiction. The sheriff or chief of police for the jurisdiction where the weapon was confiscated may petition the court for permission to dispose of the weapon in accordance with this section. If the weapon was confiscated by a judicial district drug task force, the director of the task force where the weapon was confiscated may petition the court for disposal of the weapon in accordance with this section. If the weapon was confiscated by the department of safety, the commissioner of safety may petition the court for disposal of the weapon in accordance with this section. If the weapon was confiscated by the Tennessee bureau of investigation, the director may petition the court for disposal of the weapon in accordance with this section.

( Any weapon declared contraband shall be sold in a public sale, destroyed or used for legitimate law enforcement purposes, at the discretion of the court, by written order.

© If the weapon was confiscated by a sheriff, other local law enforcement agency or a judicial district drug task force and the court orders the weapon to be sold:

(1)

It shall be sold at a public auction not later than six (6) months from the date of the court order. The sale shall be conducted by the sheriff of the county or the chief of police of the municipality in which it was seized;

(2)

The proceeds from the sale shall go into the county or municipal general fund, unless the weapon was confiscated by a judicial district drug task force, in which case the funds are deposited for the benefit of the task force;

(3)

The sale shall be advertised in a daily or weekly newspaper circulated within the county. The advertisement shall run for not less than three (3) editions and not less than thirty (30) days prior to the sale; and

(4)

If required by federal or state law, the sale can be conducted under contract with a licensed firearm dealer, whose commission shall not exceed twenty percent (20%) of the gross sales price. The dealer shall not hold an elective or appointed job with the federal, state, county or city government in this state during any stage of the sales contract.

(d) If the weapon was confiscated by the department of safety or the Tennessee bureau of investigation and the court orders it to be sold, it shall be turned over to the department of general services, which shall sell the weapon and dispose of the proceeds of the sale in the same manner as it currently does for other confiscated weapons.

(e) If the court orders the weapon to be destroyed, the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police or the director of the seizing judicial district drug task force shall completely destroy or cause to be destroyed the weapon by cutting, crushing or melting it within ninety (90) days of receiving the destruction order.

(f) If the court orders the weapon to be retained and used for legitimate law enforcement purposes:

(1)

Title to the weapon shall be placed in the law enforcement agency or judicial district drug task force retaining the weapon; and

(2)

When the weapon is no longer needed for legitimate law enforcement purposes, it shall be sold or destroyed in accordance with this part.

(g) If the weapon is sold or destroyed, the commissioner of safety or the director of the Tennessee bureau of investigation, the sheriff, chief of police or director of the judicial district drug task force shall file an affidavit, as follows, with the court issuing the sale or destruction order:

(1)

The affidavit shall be filed within thirty (30) days after the sale or destruction;

(2)

The affidavit shall identify the weapon, including any serial number, and shall state the time, date and circumstances of the sale or destruction;

(3)

If the weapon has been destroyed, the affidavit shall list the persons who destroyed the weapon and the persons who witnessed the destruction; and

(4)

If the weapon has been sold, the affidavit shall list the name and address of the purchaser and the price paid for the weapon.

(h) Notwithstanding any other provisions of this section, no weapon shall be sold, destroyed or retained for law enforcement use in the following circumstances:

(1)

A weapon that may be evidence in an official proceeding shall be retained or otherwise preserved in accordance with the rules or practices regulating the preservation of evidence. The weapon shall be sold, destroyed or retained for legitimate law enforcement purposes not less than sixty (60) days nor more than one hundred eighty (180) days after the last legal proceeding involving the weapon; or

(2)

Any weapon that has been stolen or borrowed from its owner, and the owner was not involved in the offense for which the weapon was confiscated, shall be returned to the owner if permitted by law.

(i) No weapon seized by law enforcement officials or judicial district drug task force members shall be used for any personal or law enforcement purposes, sold or destroyed except in accordance with this section.

(j) A violation of this section is a Class B misdemeanor.

(k) Nothing in this section shall authorize the purchase of any weapon, the possession of which is otherwise prohibited by law.

(l) The commissioner of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, the executive head of any municipal or county law enforcement agency or the director of a judicial district drug task force may petition the criminal court or the court in the official's county having criminal jurisdiction for permission to exchange firearms that have previously been properly titled, as specified by this section, to the law enforcement agency or the drug task force for other firearms suitable for use by the law enforcement agency or drug task force. This exchange of firearms is permitted only between the department of safety, the director of the Tennessee bureau of investigation, the executive director of the Tennessee alcoholic beverage commission, a municipal or county law enforcement agency or a judicial district drug task force and a licensed and qualified law enforcement firearms dealer.

This law was changed this year by HB2376/SB2334, see Public Chapter 629. But it didn't have anything to do with confiscation, only disposition.

[GKar]

If the parks do not have the proper signs, you are not breaking the law. If there are the proper signs, as required, you are risking the Class A Misdemeanor...probably fine with a clean record and gun seizure. I have no idea if you can buy your gun back or not in TN. As I stated, do not call Memphis parks and ask them if they have the proper signs, when they are going to put them up, or anything about a sign. Please do not do that. Many parks in Memphis city limits do not have the 'proper' signs, thus making some of us legal. If you are not from this area, you do not understand how incompetent Memphis is at anything it tries to do, so as I stated earlier, please let Memphis stupidity at not putting up the proper signs just stay stupid....thus keeping us legal when we go to certain parks.

Be very careful with this advice. There is an AG opinion on record (09-158, response to question #6) that indicates that even if a park property is not properly posted (or posted at all), an HCP holder can still be charged under the statute if a proper resolution has been passed by the municipality. Another AG opinion regarding the illegality of proper signage is highly regarded for its credibility, so one would assume this opinion carries similar weight.