Beale St in Memphis....am I right?

[Fallguy]

Below is thread on another board about Beale St in Memphis.

Did I (finally) tell the guy right?

http://opencarry.mywowbb.com/forum50/7414.html

[Marswolf]

Looks good to me. The law says "within the confines of a building".

[Guest TNDixieGirl]

Below is thread on another board about Beale St in Memphis.

Did I (finally) tell the guy right?

http://opencarry.mywowbb.com/forum50/7414.html

I think it could be debated. I know for fact that during beale St. Musicfest and other events, weapons are not allowed. Not even on the street.

And the following has got me questioning the answer given.

39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —

(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

My train of thought is since the property is being "owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes" that weapons aren't allowed. The street itself is shut down/barricaded by the city/government.

And:

(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.

Since the street is barricaded during the weekends for the public's use and entertainment, I would think that the street is now considered "entrances to the property".

I do know if you're spotted with a weapon on Beale St., the officers won't let you in. I've watched it happen.

But I could be wrong about the legalities of it all. This is just my uneducated translation of laws.

[strickj]

you are wrong as always! and i see you pick at people in other forums

lol

[strickj]

honestly i dont have any opinions on this one cause chattanooga does not have any streets like this,but if forced to side i would say your right.

no i didnt say that,you not right,your always wrong,wrong...

[Guest db99wj]

I think it could be debated. I know for fact that during beale St. Musicfest and other events, weapons are not allowed. Not even on the street.

And the following has got me questioning the answer given.

39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —

(a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

My train of thought is since the property is being "owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes" that weapons aren't allowed. The street itself is shut down/barricaded by the city/government.

And:

(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.

Since the street is barricaded during the weekends for the public's use and entertainment, I would think that the street is now considered "entrances to the property".

I do know if you're spotted with a weapon on Beale St., the officers won't let you in. I've watched it happen.

But I could be wrong about the legalities of it all. This is just my uneducated translation of laws.

Interesting point....The street is turned into an almost city sponsored event, like a festival...

[molonlabetn]

If that is the case, it would be illegal to carry at a parade, etc...

[Guest TNDixieGirl]

That was my thinking. The street is city property, and it has been closed down for the public's recreational purposes.

I'll call a police officer that works at a local range I use and get his input. Will get back to you after I talk to him.

But most parades don't serve alcohol, or do they? None I have attended have served alcohol.

[molonlabetn]

That was my thinking. The street is city property, and it has been closed down for the public's recreational purposes.

I'll call a police officer that works at a local range I use and get his input. Will get back to you after I talk to him.

But most parades don't serve alcohol, or do they? None I have attended have served alcohol.

Thing is, alcohol really has nothing to do with the restriction, based on that code.

[Rightwinger]

Who cares, stay the hell off Beale Street for any reason at anytime and your doing yourself a favor. For that matter, Memphis itsself is verboten to me now. I spent 8 months living down there while shutting down and moving our old facilty off Winchester. During that time several of us went down town and I was unimpressed to say the least. I can get a beer at the local quick mart if I want one, why would I want to go where fights, robberies and drug use abounds to have a beer with friends.

Avoid it like the plague it is.

Soapbox just broke, I'm done.

[Fallguy]

Thing is, alcohol really has nothing to do with the restriction, based on that code.

True...if it is because of alcohol, then it is ok because not in a building. But if when it is blocked off it becomes recreational property, then 39-17-1311 may very well apply.

[Fallguy]

you are wrong as always! and i see you pick at people in other forums

lol

He started it...lol

To me it seems on a "normal" day it would be legal, but when blocked off for an event, probably not. ...and that is what I just posted in the other forum.

[Guest pws_smokeyjones]

True...if it is because of alcohol, then it is ok because not in a building. But if when it is blocked off it becomes recreational property, then 39-17-1311 may very well apply.

I tend to agree. Under normal circuimstances when Beale is not blocked off, it is no different than any other street in Memphis IMO. If it is blocked off then it would appear that different laws apply. That being said, ever since Beale moved away from mostly blues music, to the current state of mostly a hip-hop drug crowd I no longer have a desire to go there - armed or otherwise.

[Guest TNDixieGirl]

I still haven't heard back from the LEO I was going to ask.

But after re-reading the other thread Fall was referencing, I tend to agree with the guy that said once the street is barricaded, the whole thing (street) becomes a bar. They are serving alcohol for consumption on the street. No one under 21 is allowed beyond the barricades, and you can't take drinks in or bring drinks out. So my guess is still no guns allowed whether it's a "building" or not. It's definitely a designated drinking area where alcohol is being served.

[Fallguy]

I still haven't heard back from the LEO I was going to ask.

But after re-reading the other thread Fall was referencing, I tend to agree with the guy that said once the street is barricaded, the whole thing (street) becomes a bar. They are serving alcohol for consumption on the street. No one under 21 is allowed beyond the barricades, and you can't take drinks in or bring drinks out. So my guess is still no guns allowed whether it's a "building" or not. It's definitely a designated drinking area where alcohol is being served.

We agree, but for different reasons.

I still say blocked off or not, it is outside...so 39-17-1305 does not apply

But because it is blocked off then 39-17-1311 may apply.

However I bet it is because of the alcohol that officers prevent an armed person form entering the area even though by the letter of the law they would be wrong, however 39-17-1311 gives them a good back up.

[Guest 270win]

Beale Street is a public street in Memphis, it does not matter whether it is barricaded or not. There is also a very prominent sidewalk, again public whether or not barricaded. You cannot make a whole street and sidewalk sometimes illegal to carry a gun on and sometimes legal. Beale Street in no way shape or form is a convention center or park, it is a city street with bars and restaurants located on it. People can drink anywhere downtown on the streets and no one cares, whether they bought their booze on Beale or not....so does that make Second Street off limits? Of course not. The barricades are just to keep cars from driving up and down a portion of Beale at night. If Beale Street was a park (which i think you can carry in unless you have a 'prohibited weapon' ) then you would have Beale Park not Beale Street.

Keep your handgun concealed and you can go wherever you want down there if you desire to go to that area of town. I don't go to downtown Memphis, Beale Street or not, without a handgun and will continue to do so.

[Guest canynracer]

depending on the time of night...beale street cops start searching waist lines at the barracade checking for weapons...I would say you cannot carry on Beale. Also, alcohol IS sold for onsite consumption...people are walking around carrying their drinks.

I also went there with my buddy, a Shelby County Sheriff, he was off duty, we had to leave the guns behind. You cannot carry on Beale. you can try to argue the technicalities of the law all you want, but you will still be told to leave

[Guest 270win]

The way the law reads you must be within the confines of a building open to the public where alcohol is served to break the law regarding carrying a handgun around liquor. Beale Street is not a building. The police may check all they want for gun belts, but how will they find a handgun if you are concealing properly and on top of it you are legal carrying on the street? Sure someone can turn you away, but you are breaking no law on Beale Street just the same as walking down Poplar...both are city streets....then again I've never had such a problem because i don't carry a full sized gun that is easy to spot.

[Guest TNDixieGirl]

They absolutely can, and do, barricade public streets and call them off limits to weapons. And I say that because the Beale St. Musicfest is absolutely no weapons allowed. You can visit http://www.memphisinmay.org/bsmf_faq.htm and verify that. If they had instead had a Poplar Ave. Musicfest, same rules would apply to the portions of Poplar they shut down. Also, they shut down a portion of Riverside Drive for at least a week during the BBQfest and weapons are off-limits there too (see above link). When they shut down Beale on the weekends, even though they have restaurants where you could typically take your family, you can't during those particular hours because of the 21 and over rule to even get through the barricades. It may not be tecnically legal, but it's sure enough done by the city.

[Guest canynracer]

They absolutely can, and do, barricade public streets and call them off limits to weapons. And I say that because the Beale St. Musicfest is absolutely no weapons allowed. You can visit http://www.memphisinmay.org/bsmf_faq.htm and verify that. If they had instead had a Poplar Ave. Musicfest, same rules would apply to the portions of Poplar they shut down. Also, they shut down a portion of Riverside Drive for at least a week during the BBQfest and weapons are off-limits there too (see above link). When they shut down Beale on the weekends, even though they have restaurants where you could typically take your family, you can't during those particular hours because of the 21 and over rule to even get through the barricades. It may not be tecnically legal, but it's sure enough done by the city.

correct a mundooo!!!!

[Guest 270win]

How do these people who barricade the street find weapons? I've never seen metal detectors or legal signs. They can stick something on a website or a no guns sign up all they want, but it does not make me illegal carrying a handgun in my pocket while walking down the street. Kind of hard to find weapons unless you pat everyone down on the street, which would not be legal either.

[Guest 270win]

Willie's Kingdom doesn't have the brightest lightbulbs enforcing the laws. I wouldnt put anything past the city of Memphis

[deerslayer]

Who cares, stay the hell off Beale Street for any reason at anytime and your doing yourself a favor.

What he said

[Guest TNDixieGirl]

I don't know how they find them cause I'm not a big fan of downtown Memphis so I avoid it if possible, but I do go to BBQfest every year cause we have a team that competes, and they have searched my purse and/or bags every time I've gone through the gates. How was that for the run-on sentence from hell?

Like I said, it may not be legal, but they do it, and it's at least somewhat enforced.

[Guest canynracer]

How do these people who barricade the street find weapons? I've never seen metal detectors or legal signs. They can stick something on a website or a no guns sign up all they want, but it does not make me illegal carrying a handgun in my pocket while walking down the street. Kind of hard to find weapons unless you pat everyone down on the street, which would not be legal either.

not sure how many they actually find..lol..

but as you enter, they check ID, then have you lift your shirt to expose your belt...then you move on...lol

they do the same "check" at the FedEx Forum

I have only been to beale twice in 4 yrs...I dont go unless there is a REALLY good reason...I stay away from downtown.