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Northgate Mall (Chattanooga) Posting


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The other day my friend who also has a HCP said to me Northgate Mall took down its gunbusters sign. Today I finally had a chance to go look and there is no homo gunbuster sign, but there is this one. My girlfriend who works in the management office says it is legal, but I tell her it is not and that I can legally carry in there. Here is the ONLY thing regarding guns on any of their signs. So to settle this debate is this legal verbiage or am I wrong?

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IMO that sign does not meet the requirments of the 39-17-1359 (Can bee seen here in Section 3)

39-17-1359

(a)(1) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.

(2) The prohibition in subdivision (1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351.

(;)(1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.

(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited.

(3)(A) If a sign is used as the method of posting, it shall contain language substantially similar to the following:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.

(
:D
As used in this section, "language substantially similar to" means the sign contains language plainly stating that:

(i) The property is posted under authority of Tennessee law;

(
ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; and

(iii) Possessing a weapon in an area that has been posted is a criminal offense.

© A building, property or a portion of a building or property, shall be considered properly posted in accordance with this section if one (1) or both of the following is displayed in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited:

(i) The international circle and slash symbolizing the prohibition of the item within the circle; or

(ii) The posting sign described in this subdivision (3).

©(1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.

(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).

(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.

(e) The provisions of this section shall not apply to Title 70 regarding wildlife laws, rules and regulations.

(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.

Edited by Fallguy
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That sign is CYA as there actually used to be 4 FFL holders in past years within northgate. It means nothing to a THP holder. They used to sell guns in Sears, J.C Penney, a gun shop in the mall where the driver testing center is now, and where the new movie theatre is (used to be a plaza. They ran them all out in the early 1990's and that wording has been up ever since. First gun I ever bought was 18 years old on the 2nd floor of J.C.Penney. They were selling 10/22s cheap. Bought it and carried it though the mall in the box to my car.

Hamilton place did the legal signage once the law was revised. They even went so far as to put them on every entrance, stop sign leading into the parking lot, and at every information kiosk.

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The new law stipulates either the international symbol or the exact language. Therefore you could not be prosecuted just for carrying past this sign....

I would never go so far as to say "could not be prosecuted". Especially since we have an AG who has opined that you could be found guilty of carrying in a banned park, even though the park was not posted at all.

I agree it's highly unlikely, if only for the reason that NO one has so far ever been prosecuted for it as far as we know, under the new statute OR the old one.

- OS

Edited by OhShoot
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I blame the media.....

When the "Guns in Bars" bill was being discussed, they kept saying all a property owner had to do was post a sign that said "No Guns".

Also I wouldn't say "You can't be prosocuted." There is an old saying in the legal fied that a DA can get an indiment against a ham sandwich. I would say that you shouldn't be prosocuted and if you are you shouldn't be found guilty though.

But as OS said, there has never been a case on this to anyone knowledge on here.

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If they don't want you in there with your gun then why would you want to go in anyway? There is nothing in Northgate mall or Hamilton Place that can't be purchased elsewhere.

Just saying.

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