Is Bridgestone Arena Posted

[bud]

. Edited August 8, 2015 by bud

[monkeylizard]

We don't really know. Arenas and their ilk seem to fit in a hole in the law....maybe.

 

39-17-1311 is the parks carry law. The part that was repealed was section (e ) which allowed local governments to post them in accordance with 1311 to make them off limits to persons exempt under 1351 (aka HCP holders). So, 1311 no longer allows local governments to post their "public parks, playgrounds, civic centers and other public recreational buildings and grounds".

 

Seems straight forward, right?

 

Maybe, maybe not.

 

I think the case could be made that arenas and such could still be posted under 39-17-1359, which is the more general "gunbuster" law which is not limited to parks etc. the way 1311 is. 1359 section (f ) expressly says that it does not apply to certain locations and that those locations are covered under 1311. 1359's list of locations to which it does not apply are: "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".

 

See the difference? 1359(f ) could have been written to say that its defers to all locations covered by 1311, but it wasn't.

 

This leaves 2 questions regarding arenas, etc.

1. Is if an arena, community center, stadium, etc. which is owned or operated by the government is a "similar place" to those others listed in 1359(f )?
2. Does 1359 defer to 1311 for all locations listed in 1311 even though it has its own list of places to which it defers?

If the answer to either "no" then they could be posted under 1359, even though they're excluded from posting under 1311. My personal opinion is that the answer to both is "no". We have no case law yet, so we really don't know for sure. A full repeal of 1359 would clear this all up quick, but I'm not holding my breath. It gets murkier when the facility in question is located entirely within a park's boundaries, like the new Ascend Amphitheater in Nashville which is completely inside and is a part of (not just surrounded by) Riverfront Park but has a no guns policy.

 

A zoo may be different as it's certainly closer to a park/nature trail than an arena. The fact that many are actually called "zoological parks" makes me lean towards zoos being in the "parks" category, but that's just my opinion.

Edited July 28, 2015 by monkeylizard

[300winmag]

There are a lot of places that are legal to carry at that the property owner can still ask you to leave.  My guess is that it is possibly legal to carry at Bridgestone Arena, but whoever controls the property can ask you to leave if they catch you with a weapon.  If you have a handgun carry permit, you are just told to leave.  No permit, you probably receive some sort of citation or arrest.  Next legislative session we need to get the goofy no gun sign offense changed so that someone with a permit definitely does not get a weapons charge over carrying past a no gun sign.

Edited July 28, 2015 by 300winmag

[monkeylizard]

There are a lot of places that are legal to carry at that the property owner can still ask you to leave.  My guess is that it is possibly legal to carry at Bridgestone Arena, but whoever controls the property can ask you to leave if they catch you with a weapon.  If you have a handgun carry permit, you are just told to leave.  No permit, you probably receive some sort of citation or arrest.  Next legislative session we need to get the goofy no gun sign offense changed so that someone with a permit definitely does not get a weapons charge over carrying past a no gun sign.

 

The Bridgestone is not the same as other places like malls, restaurants, stores, offices, etc. that are legal to carry at. It clearly falls under 39-17-1311 which means it no longer has the option to prohibit carrying under that law.  If the Bridgestone is not posted under 1359* then I say no, they can't ask you to leave for that reason. That was the whole point of rescinding the local opt-out option in 1311. The point was to keep local authorities from denying armed HCP holders access to public recreational facilities. If they can just trespass you instead of nailing you on a 1311 violation, nothing changed. That's why I say they can't ask you to leave for that reason.

 

Well, they can ask, but there should be no penalty for non-compliance with that request. Again, no case law, so that's just my non-lawyer opinion.

 

 

 

*1359 may or may not apply to the Bridgestone Arena. Don't know for sure.

Edited July 28, 2015 by monkeylizard

[m16ty]

To update this thread, I took my kids to see the Monster Jam at the arena last weekend. 

 

While I didn't see any signs saying guns weren't allowed, they were using metal detectors. I did get in with my pocket knife though. The metal detector was going off like crazy when I walked through it but nobody seemed to care.

 

So the conclusion is one would think they would frown on guns seeing as they had metal detectors but I could have walked right in with mine because nobody was paying attention to the metal detectors.

 

I'd guess that because it was very crowded they were selectively choosing who they stopped for setting off the detectors. I didn't look like a thug and I had two kids hanging on me so they let me on through.  

[raildog]

To update this thread, I took my kids to see the Monster Jam at the arena last weekend.

While I didn't see any signs saying guns weren't allowed, they were using metal detectors. I did get in with my pocket knife though. The metal detector was going off like crazy when I walked through it but nobody seemed to care.

So the conclusion is one would think they would frown on guns seeing as they had metal detectors but I could have walked right in with mine because nobody was paying attention to the metal detectors.

I'd guess that because it was very crowded they were selectively choosing who they stopped for setting off the detectors. I didn't look like a thug and I had two kids hanging on me so they let me on through.

The Arena is still posted no guns/knifes the sign is over the metal detectors. The exception too the rule is pin knifes are ok As far as it being a public building apparently that is a no go the city built it then gave it to the predators that is how it was explained to me at least

[JayC]

Property records filed with the county clerk show the property is owned by a Metro agency.  The may lease it to the Predators, but the government still owns it, which is all that matters under 39-17-1311 - if it's covered under part 39-17-1311.

 

The Arena is still posted no guns/knifes the sign is over the metal detectors. The exception too the rule is pin knifes are ok As far as it being a public building apparently that is a no go the city built it then gave it to the predators that is how it was explained to me at least

[raildog]

Property records filed with the county clerk show the property is owned by a Metro agency. The may lease it to the Predators, but the government still owns it, which is all that matters under 39-17-1311 - if it's covered under part 39-17-1311.

Well if that's the case i wish someone with lots of money would push the button and take it to court so I would not have to dissarm in the truck when I got to work or toss out a pocket knife every few weeks because i forgot i had it

[m16ty]

I must have missed the sign. Not being at eye level makes it kind of hard to see.

 

As I said, I went in with my knife but I wouldn't have wanted to be the test case.