Memphis Park Called A "Public Recreation Area"

[Guest MemphisMan]

When I attended the annual Mississippi River kayak/canoe race last Saturday to watch my son participate (as always) I felt better than in previous years as I slipped my .380 into my jeans pocket, because finally it is legal to carry in Memphis City Parks. The race begins north of the city and the racers take their boats out of the water at a very small riverside park downtown. As I was helping my son carry his kayak I noticed a sign stating that the park is a "public recreation area" in which there is a $2500 fine for possessing a firearm. What a load of crap - the only event even remotely akin to "recreation" is the once a year race, unless you count strolling and/or frisbee tossing once in a while. Don't be surprised if, in some cities, pakrs become "recreation areas" in the future. I know there have been several violent crimes at the park I was at. Very discouraging.

[Oh Shoot]

"Public Recreation Area" is exactly how the statute defines the type of property legislated.

 

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

 

 

"... 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."

 

- OS

[Guest MemphisMan]

Are you saying that the sign is outdated, null and void? I had not thought of that.

Edited June 22, 2015 by MemphisMan

[2.ooohhh]

Yep, same as the state parks a few years back the text of the bill was that current signage in parks didn't have to be changed until it happens in the course of regular maintenance to avoid a fiscal note. So there are a LOT of signs around currently that are blatantly incorrect.

[monkeylizard]

What OS said. A public recreation area is under the same law as parks and playgrounds.

 

It's probably just an old sign that no longer applies. However, knowing the stances exclaimed by certain city leaders in both Memphis and Nashville following the recent legislation, it wouldn't surprise me if someoned decides put up new signs like that to intentionally obfuscate what is and isn't an allowed area now as most citizens don't have 39-17-1311 memorized.

[tartanphantom]

The sign still technically applies to non-HCP holders, correct? Even though the current sign verbiage doesn't make that distinction.

Edited June 22, 2015 by tartanphantom

[Cruel Hand Luke]

If you keep it concealed then the the only time your gun will be an issue there is if you pull it out to  use it to defend yourself which comes under the purview of TCA 39-17-1322. 

[Oh Shoot]

The sign still technically applies to non-HCP holders, correct?

 

Yep. Non-permit holders could be charged with both a 39-17-1307 and a 39-17-1311 violation.

 

But it's against the law for non-permit holders whether there's any signage or not -- the signs were only a necessary component of the statute to bar permit holders from carrying.

 

- OS

Edited June 23, 2015 by Oh Shoot

[300winmag]

The sign at the Memphis parks doesn't apply to you anymore if you have a handgun carry permit.