Here's Your Sign Case

[Guest 270win]

It looks like this guy possibly got charged with that silly sign law at the Memphis Airport. The first charge looks like a Class B Misdemeanor 'Weapon Prohibited'. Gun accidentally left in backpack grounds Memphis airport traveler » The Commercial Appeal

[TABLE]

[TR]

[TD=bgcolor: #dbdbdb]001[/TD]

[TD=bgcolor: #dbdbdb, align: center]WEAPON PROHIBITED[/TD]

[TD=bgcolor: #dbdbdb, align: center]M B[/TD]

[TD=width: 234, bgcolor: #dbdbdb, align: center]NOT DISPOSED[/TD]

[TD=bgcolor: #dbdbdb, colspan: 2] .00[/TD]

[TD][/TD]

[/TR]

[TR]

[TD]002[/TD]

[TD=align: center]ENTER RESTRICTED AIRPORT AREA[/TD]

[TD=align: center]M A[/TD]

[TD=width: 234, align: center]NOT DISPOSED[/TD]

[TD=colspan: 2] .00[/TD]

[/TR]

[/TABLE]

[Guest 270win]

The traveler from Kentucky was charged with the B Misdemeanor and then a felony!

[TABLE]

[TR]

[TD=bgcolor: #dbdbdb]001[/TD]

[TD=bgcolor: #dbdbdb, align: center]ENTER AIRPORT W/I TO COMMIT FELONY[/TD]

[TD=bgcolor: #dbdbdb, align: center]F E[/TD]

[TD=width: 234, bgcolor: #dbdbdb, align: center]NOT DISPOSED[/TD]

[TD=bgcolor: #dbdbdb, colspan: 2] .00[/TD]

[TD][/TD]

[/TR]

[TR]

[TD]002[/TD]

[TD=align: center]WEAPON PROHIBITED[/TD]

[TD=align: center]M B[/TD]

[TD=width: 234, align: center]NOT DISPOSED[/TD]

[TD=colspan: 2] .00[/TD]

[/TR]

[/TABLE]

[Oh Shoot]

Interesting. We've been looking for an actual instance of this. Of course, being in an airport and getting to the actual carry on scan area (I guess) is sort of is out of the mainstream enforcement of 1351 1359. I mean, you get that far and they're surely gonna toss everything at you they can.

But good find RB, really. Can you keep up with these and see final deposition of the charges, also?

- OS

Edited December 10, 2011 by OhShoot
1359 not 1351

[Fallguy]

Is the "possessing a weapon in a prohibited place" charge supposed to be the violation of 39-17-1359?

I'm kind of like OS, not sure the TSA catching you at the security screening, is the same as violation of 39-17-1359. It could be though...

One reason this interest me so is I'm in a bit of a debate with a Nashville Airport LEO on 1359 v 1307. Nashville Airport is posted too, he has said they would (and have) charged someone with 1307 and not 1359 in the same situation. I admitted I thought trying to pass through security was a bit different than standing at the baggage claim. He has also said that in his opinion that violating 1359 automatically voids your HCP and you can be charged with 1307 (like even if standing at the baggage claim....or in a posted laundry mat.) He is supposed to be checking with DA, but so far he hasn't posted back in a while.

[Fallguy]

Oh...and just to add... I have always thought that if a place had it's own onsite PD like an airport or the such or maybe even armed security...that the odds of you actually being charged with 1359 were much greater than the average place.

[Oh Shoot]

..., he has said they would (and have) charged someone with 1307 ...

Would seem that if the cites shown were for 1307, though, it would be for Class A misdemeanor -- since it was in public and all. Indeed, under 1307 the only charge for Class B is being caught two or more times not "in public".

Course we have to assume they're on the ball regarding that and all, never a safe bet IMHO.

- OS

[Fallguy]

Would seem that if the cites shown were for 1307, though, it would be for Class A misdemeanor -- since it was in public and all. Indeed, under 1307 the only charge for Class B is being caught two or more times not "in public".

Course we have to assume they're on the ball regarding that and all, never a safe bet IMHO.

- OS

I agree... That is why I've always thought the guy from the Nashville Airport was wrong as it seems the Memphis Airport has done it the way I thought.

Of course nothing says things happen the same in Memphis and Nashville even with the same state law.

[Oh Shoot]

I agree... That is why I've always thought the guy from the Nashville Airport was wrong as it seems the Memphis Airport has done it the way I thought....

I think I said (or strongly hinted) in that thread that if they were really charging HCPers with 1307 for merely carrying past sign in non-security part of the airport, a first year law student at the legal clinic surely could get that thrown out and get it changed to 1359 at the worst.

1307 Class A is much worse, what with fine, possible jail time, and loss of HCP for duration of sentence. Of course, 1359 (perhaps) with the still as far as we know untested gotcha provision in 1352 could also jerk your permit, temporarily or permanently, who knows, more gray.

- OS

[Fallguy]

Yep

[Stegall Law Firm]

Gun accidentally left in backpack grounds Memphis airport traveler » The Commercial Appeal

Interesting article here. Earlier this year I represented a man who was charged with taking his handgun into the Memphis airport. Unlike the two guys in this story he was not arrested, but cited, and we were able to secure a dismissal on the first court date. These two haven't fared as well so far. One of the guys from this story, the one from Kentucky, is actually charged with a felony and had to post a pretty substantial bond. I imagine with more people getting carry permits this sort of thing is happening more frequently at airports across the country. It sure is an expensive mistake, and mistake is truly all it is. No culpable mental state is required here, so it's a strict liability crime.

[G27]

Thanks for posting, Patrick.

Maybe I'm just abnormally anal-retentive, but I cannot imagine this ever happening to me. I know where every one of my guns is 24/7/365, no exceptions.

[JGunner]

Thanks for posting, Patrick.

Maybe I'm just abnormally anal-retentive, but I cannot imagine this ever happening to me. I know where every one of my guns is 24/7/365, no exceptions.

+1

[Oh Shoot]

Gun accidentally left in backpack grounds Memphis airport traveler » The Commercial Appeal

Interesting article here. Earlier this year I represented a man who was charged with taking his handgun into the Memphis airport. ..

http://www.tngunowners.com/forums/handgun-carry-self-defense/66239-heres-your-sign-case.html

So Patrick, can you confirm that the B 'meanor charges in thread listed above are indeed for 1359?

Is that what article refers to "as possessing a weapon in a prohibited place"?

- OS

[shaftbass]

Thanks for posting, Patrick.

Maybe I'm just abnormally anal-retentive, but I cannot imagine this ever happening to me. I know where every one of my guns is 24/7/365, no exceptions.

Yup. Right up there with an "accidental discharge." It CANNOT happen and WILL NOT happen to a gun under my control. It just can't.

[Stegall Law Firm]

Yes it does say 1359 on his affidavit.

[Oh Shoot]

Yes it does say 1359 on his affidavit.

Ah, thanks. Well, looks like we finally have our first confirmed cases of someone being charged with that. Although in an odd situation, not just in a normal business establishment.

In the case of Mr. Mallick, though, we won't see the possible interaction of 1352, which also states that a violation of 1359 will cause suspension or termination of HCP, since he's not a TN resident. This little quirk is the other shoe we've been wanting to see if does indeed automatically fall with a 1359 conviction.

- OS

[Guest Ken]

What about having gun in luggage to check when flying? How do they relate that to possession in Airport?

Seems like the Misdemeanor read just possession on property.

Ken

[Fallguy]

What about having gun in luggage to check when flying? How do they relate that to possession in Airport?

Seems like the Misdemeanor read just possession on property.

Ken

If you have properly packed in checked luggage there shouldn't be a problem.

[Fallguy]

http://www.tngunowners.com/forums/handgun-carry-self-defense/66239-heres-your-sign-case.html

So Patrick, can you confirm that the B 'meanor charges in thread listed above are indeed for 1359?

Is that what article refers to "as possessing a weapon in a prohibited place"?

- OS

Threads merged

[Oh Shoot]

If you have properly packed in checked luggage there shouldn't be a problem.

Yeah. Oddly, it's the one time that a non-permit holder could have a loaded gun on him legally in TN, meaning with ammo in direct proximity to gun. Though there's actually no exception for this in TCA. And I guess you'd be technically guilty of unlawful carry anyway, and certainly so BEFORE you entered the terminal, eh?

- OS

[Fallguy]

Yes it does say 1359 on his affidavit.

Does it say what the TCA is for the "Enter restricted airport area" charge?

Is there an online source to see these charges/affidavits?

[Fallguy]

Yeah. Oddly, it's the one time that a non-permit holder could have a loaded gun on him legally in TN, meaning with ammo in direct proximity to gun. Though there's actually no exception for this in TCA. And I guess you'd be technically guilty of unlawful carry anyway, and certainly so BEFORE you entered the terminal, eh?

- OS

Yep...loaded per TN law...

True there doesn't seem to be an exception in the TCA, but even the Nashville Airport LEO on the other board didn't have any problem with one in checked luggage.

[Fallguy]

I would guess Mallick was arrested instead of cited because he is from out of state.

May not have had much incentive to return for court if he hadn't had to post bond.

[Stegall Law Firm]

The airport charge is 39-17-109.

My client was out of state too, but he was from N. MS and Memphis was his departure. To get the affidavit go to JSSI and put in the individual's name under the General Sessions tab. Take the 8-digit booking number and go to this site General Sessions Affidavits/Misdemeanor Citations Retrieval System

Edited December 11, 2011 by Stegall Law Firm

[Fallguy]

The airport charge is 39-17-107.

My client was out of state too, but he was from N. MS and Memphis was his departure. To get the affidavit go to JSSI and put in the individual's name under the General Sessions tab. Take the 8-digit booking number and go to this site General Sessions Affidavits/Misdemeanor Citations Retrieval System

Thanks Patrick!!

I had found the JSSI website, but needed the other...

As far as your client...N. MS and Memphis almost the same place though, right?...lol