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Found this sign today while out.


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Posted (edited)

Today while my wife and I was out I found this sign. No Gun Buster and since it does not contain the legal language as I understand I guess it is not legally binding correct? More of a request? Kind of a non proper post that they do not need to be informed about. BTW I kept my big mouth shut.

Yes, I understand they do not seem to want my money, however my wife really wanted to go and well sometimes you have to give in to the boss.

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Edited by vontar
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Posted

I am not an attorney, LEO, judge or anything of that nature, but that sign does not apply to HCP holders.

The intent of management is an entirely different matter. As we all know.

Posted

I would consider that sign like the ones at the state and federal parks that say "no firearms" and walk on in.

Oh, and it's always a good idea to go concealed.

Guest tnxdshooter
Posted

No obscene paraphernalia. Does that mean I cant wear my Jenna Jamison Shirt? LMFAO

Posted

There is no language requirement any longer. The "guns in bars" bill took that out. If they wanted to charge you for carrying past that sign...they could.

Posted
There is no language requirement any longer. The "guns in bars" bill took that out. If they wanted to charge you for carrying past that sign...they could.

While there is not "exact" language required, there ARE three requirements for the wording that MUST be present to satisfy requirement of the statute.

Or the gun busters sign.

Or both.

I suppose one can get charged with anything, but this sign in no way satisfies the requirements set forth in 39-17-1359.

- OS

Posted (edited)
There is no language requirement any longer. The "guns in bars" bill took that out. If they wanted to charge you for carrying past that sign...they could.

That's wronger than a wrong thing that is wrong.

Here's the current 39-17-1359.

Michie's Legal Resources

The sign has to be the gunbuster or have language substantially similar to the phrasing on the law. 39-17-1359.(:popcorn:.(3).(:panic: now clarifies what "substantially similar" means.

39-17-1359.(:).(3).(B) 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.

The one in the OP doesn't qualify for 2 out of 3. I'll call that one FAIL.

However, it's been said on TGO in several threads that carrying past a sign (legal or not) has not been brought into a TN court room. Nobody seems eager to be the first. With the sign in the OP, I would carry past it if I had to go in. Concealed. It's not against the law as most people seem to understand it around here..

Edited by monkeylizard
Posted

Depends on if you think the whole "no weapons of any kind kind permitted" falls into the whole (ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; thang.

Yes I know the statue has a big AND in it, but unless you're name is Bill Clinton, I think trying to argue the meaning of AND in front of a judge is a waste of time. Do as you will....but be aware of the costs of your actions.

Is it posted properly...no. Is it posted yes. And I'm one of the ones who don't want to be the test case. I'd rather leave a no guns/no money card and take my business elsewhere.

Posted
... I'd rather leave a no guns/no money card and take my business elsewhere.

Familiar with the biz in question?

There's really not anything else like it around. And kids wouldn't probably understand your political stance.

- OS

Guest bkelm18
Posted

Yes. WonderWorks is pretty sweet. I definitely would not want to ruin a day with my hypothetical children over a political stance especially since the sign isn't legally binding.

Posted
There is no language requirement any longer. The "guns in bars" bill took that out. If they wanted to charge you for carrying past that sign...they could.

As pointed out that is completely wrong.

The new law did allow a "gun buster" without any words to be a legal posting, but it went on to add that if a wording only sign is used, what "must" be included within the substainly similar.

Posted (edited)
As pointed out that is completely wrong.

The new law did allow a "gun buster" without any words to be a legal posting, but it went on to add that if a wording only sign is used, what "must" be included within the substainly similar.

That is how I take it, as others like Ohshoot and others have pointed out here and in other threads.

BTW we did go in and did have a good time.

As my wife pointed out, anything can be a weapon, an Ink Pen can be used as a weapon. I do not think of my firearm as a weapon, I think of it as a self defense tool.

Just for myself and not to every flash for a business. I am going to print me a little card that I can carry in my wallet with that part of the law. I am not as legal savvy as I wish I was, which is probably why I decided against going to law school. I did consider it at one point, however I found I just wanted to go argue cases, I did not want to really study the law.

As we started the trip, as it was a day out for my wife, I decided I was going to make the day about her and not let my political views ruins it for her.

I expected to run into allot more posted places then we did., however that was the only one.

Edited by vontar
corrected, I am not as legal savvy
Posted

As for someone not wanting to argue the meaning of the word "AND" in front of a judge...

Remember when interpreting laws that some small words are VERY important. Words like MAY or SHALL and AND or OR. Not meeting all the requirements in an AND section is just as good as meeting none of them.

Posted
No obscene paraphernalia. Does that mean I cant wear my Jenna Jamison Shirt? LMFAO

Makes you wonder how many times people brought in "paraphernalia" to make them include it on the sign. "No sir, I'm not happy to see you. Why do you ask?"

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