TN House Gives Gun Owners an out if Caught on Posted Property

[rcrespo106]

http://www.guns.com/tennessee-gun-laws-posted-property-7116.html

Just read did story above and did a little research but still not 100% sure what this means. Any thoughts? Is this a one time get out of jail free card or does this basically allow us to carry in posted locations?

[Fallguy]

I don't think you're covered if you "knowingly" carry in a posted location. I think if it is more like an accident and if you weren't doing anything else wrong.

I think this bill is to address situations like what happened in NYC to a couple of folks that simply had a handgun on them and then tried to do the "right thing" by asking someone where to store it and got charged.

Let's take the laws on carry in parks in TN. You can carry in a National Park, but not a building there, however the building is supposed to be posted per Federal law, you can carry in State Parks (buildings as well) even though there may be signs that say "No Firearms", you can carry in local parks unless they have passed a resolution saying you can, which means they are supposed to post signs, but the AG has said someone could still be charged even if signs are posted" Now.....someone from out of state (or even a lot of us in this state) could find themselves in a local park either where signs aren't posted even though they have passes a resolution or may even see the sign, but think it is like signs in a state park that don't apply to HCP holders. This bill is an attempt to prevent criminal charges for an "Innocent mistake"

[Fallguy]

Here is the bills page...

http://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB3324&ga=107

[rcrespo106]

I understand some aspect of the new law. I don't understand what would happen to someone like me who has a permit and say does not noticed the little sign on the bottom right corner of the door at buffalo wild wings or say I walk in to rivergate mall through one of the doors that is not posted. I know there is no penalty but would they arrest me, charge me and they I would have to have a lawyer bring up this law in court or would they just tell me to take my gun to my car?

[Oh Shoot]

Sounds like yet more gray on gray. New heights in cryptic lawmaking to avoid simply repealing the signage statute for permit holders.

- OS

[Fallguy]

I understand some aspect of the new law. I don't understand what would happen to someone like me who has a permit and say does not noticed the little sign on the bottom right corner of the door at buffalo wild wings or say I walk in to rivergate mall through one of the doors that is not posted. I know there is no penalty but would they arrest me, charge me and they I would have to have a lawyer bring up this law in court or would they just tell me to take my gun to my car?

Every place and LEO is different, but most post I've read on here have said LEOs usually will just ask you to leave and/or secure it in your vehicle...even if it is 100% properly posted. So I would think if it was a "hard to see" posting that most would do the same...

[Fallguy]

Sounds like yet more gray on gray. New heights in cryptic lawmaking to avoid simply repealing the signage statute for permit holders.

- OS

I don't disagree.....but I think it is about more than just 39-17-1359.

Let's say someone from AL came up here to visit family....there you can carry in K-12 schools (if the Sheriff didn't add that restriction to the permit), they decide to go with them to the high school football game. They are somehow made while just sitting there, waiting in line at the concession, etc... It looks like this bill would give them a defense, since it is legal where they are from.

[Jonnin]

Lets say you did go into a posted place with a gun, by mistake. What on earth would you have to do to even draw attention to this fact? Assuming it is concealed properly, no one will ever know but you. If the gun is noticed, what then? If you do not touch it or do anything odd, and someone calls the cops, I would think that full cooperation would get you escorted outside, told to pay better attention to the signs, and released with a stern glare. Realistically, what business owner would press charges, spending time and money, to harass someone who can claim that the sign was not in a good location (and part of the requirements of posting the sign include using a specific version(s) of the sign and posting them clearly).

Have there been any cases in TN where a person was caught and got into serious trouble, tried to claim that the sign was not noticed, and lost??

[Guest 270win]

Why not get rid of the dumb 500 dollar fine? That would be the most simple. Trespass is already against the law.

[Steelharp]

Realistically, what business owner would press charges, spending time and money, to harass someone...

Rayburn. A$$burn. Whatever name you want to call him.

[Guest 270win]

I read more about this bill and it would help people who are caught with guns on school property, courtrooms, parks with the legal signs, 500 fine signs, etc who are otherwise not a criminal. This is a step in the right direction, but the better solution would be to give exemptions for people with handgun carry permits at schools, drop the 500 dollar signs, local park signs. That would be a lot more simple. I'm surprised the media has not given this bill any coverage.

[First Strike]

I read more about this bill and it would help people who are caught with guns on school property, courtrooms, parks with the legal signs, 500 fine signs, etc who are otherwise not a criminal. This is a step in the right direction, but the better solution would be to give exemptions for people with handgun carry permits at schools, drop the 500 dollar signs, local park signs. That would be a lot more simple. I'm surprised the media has not given this bill any coverage.

Thats because the media does not want gun owners to know they have options. Instead they would prefer we remain hamstrung by previous restrictions, and not khow we have options.

[Guest 270win]

It looks like this whole bill was changed to just apply to 39-17-1359 and passed in the House floor vote.

[Fallguy]

Yeah....not worth the paper it's written on now.

[Fallguy]

You know after a bit of thought....I could see this actually being a bad thing.

As we've said, other than at the Memphis Airport and on top of other charges, we don't know of anyone charged with 39-17-1359. I figure some of this may be because LEOs have used discrestion and simply told people to leave instead of charging them. Now, since this creates an "affirmitve defense" if you didn't know, didn't see the posting etc... the LEO might decide to let you just "tell it to the judge" instead of making the decision himself.

[Guest 270win]

Has anything happened with this bill?

[Wheelgunner]

Has anything happened with this bill?

I'm wondering too. I emailed my state senator last week and have not received a response or come across any news. However, I think our representatives are in the process of trying to end this legislative session quickly, meaning that if the bill gets passed it'll be some last minute backroom deal.

[Fallguy]

Has anything happened with this bill?

According to the bills page, it has passed in the House and is on the schedule in the Senate tomorrow.

[Guest 270win]

If you watch the video from today, you will see how stupid some 'lawmakers' are getting hung up on these signs. Just get rid of the fine with the sign! It is that simple!