West Towne Mall

[Guest mikedwood]

I don't think that the AG opinion will hold water if someone were to press the issue. The mall fits the legal definition of an area which would be off limits to carry simply because it is an open to the pubic building where alcohol is sold for on-site consumption. There are no markers to keep someone from buying a beer at the hot dog stand and then taking it with them to another part of the mall.

I think JWP may have a good point here. But it would depend on if the arresting officer thought of it or not and if there were an arrest at all. If they got you in an anchor store might be different then if they got you in the commons area.

Bet it would be a fortune in legal bills even if you got off, if they went that route.

I haven't been to either mall in about 2 years.

[Guest krater]

Its quite clear to me that the open area of the mall is a public place and possessing an open beer, not to mention consuming said beer, is a violation of the open container law. Try drinking a beer in public and see if you can get arrested.

IMO, the food businesses are clearly seperate areas from the mall common areas; legally and practically. That said, I agree 100% that I have no reason to ever go to a mall around Ktown.

[Fallguy]

Not sure about where this mall is located, but just to be clear...there is no state open container law, except in vehicles and then only for the driver.

But cities can and have passed ordnances against open containers in public.

[Guest nraforlife]

West Towne mall is now a ghost town at times. 10 people in Sears on a Friday night type of ghost town

[Guest jwp]

Not sure about where this mall is located, but just to be clear...there is no state open container law, except in vehicles and then only for the driver.

But cities can and have passed ordnances against open containers in public.

As is the case in both Knoxville and Knox County.

[Magiccarpetrides]

West Town no longer has Frank&Stein so no beer in the food court. However there is a very excellent family run Greek Restaurant in there that anyone that likes Greek food needs to visit even if they dont need anything from the mall. The prices are uber cheap and the health score is in the 90's. Anyways I digress....the point everyone here is trying to make....DONT POINT OUT MISSING SIGNS THAT JUST SCREWS IT UP FOR EVERYONE THAT WOULD LIKE TO CONCEALED CARRY AND NOT FACE HARSH CONSEQUENCES SUCH AS LOSING THEIR CARRY PERMIT if they get caught. I like having the choice to defend myself.

Edited January 30, 2009 by Magiccarpetrides
grammar

[Daniel]

Its quite clear to me that the open area of the mall is a public place and possessing an open beer, not to mention consuming said beer, is a violation of the open container law. Try drinking a beer in public and see if you can get arrested.

IMO, the food businesses are clearly seperate areas from the mall common areas; legally and practically. That said, I agree 100% that I have no reason to ever go to a mall around Ktown.

When the hotdog joint, frank n stein was located at west town they sold beer and you could consume it in the regular food court area. I am not sure if you could walk around the rest of the mall but the place did not have any seating but the common seating.

[Guest JeepMonkey]

West Town no longer has Frank&Stein so no beer in the food court. However there is a very excellent family run Greek Restaurant in there that anyone that likes Greek food needs to visit even if they dont need anything from the mall. The prices are uber cheap and the health score is in the 90's. Anyways I digress....the point everyone here is trying to make....DONT POINT OUT MISSING SIGNS THAT JUST SCREWS IT UP FOR EVERYONE THAT WOULD LIKE TO CONCEALED CARRY AND NOT FACE HARSH CONSEQUENCES SUCH AS LOSING THEIR CARRY PERMIT if they get caught. I like having the choice to defend myself.

X2. There are already enough "gun-free" zones here anyways...I spend most of my time at one.

[Guest jwp]

West Town no longer has Frank&Stein so no beer in the food court.

No, but there is liquor and beer at Ruby Tuesday.

[Magiccarpetrides]

Yeah but you cant carry it out of Ruby's....you got a PM btw

[Guest 270win]

I am not aware of an open container law in Tennessee, except for drivers in cars. If there was one....half the people walking the streets of Memphis would be fined!

[Guest jwp]

Yeah but you cant carry it out of Ruby's....you got a PM btw

Right, but it is for sale on premises, which covers the entire 1sq. mile area that the mall sits on.

Just FWIW.

And that answer came from someone who wears a robe and decides things like this.

[Farman]

Right, but it is for sale on premises, which covers the entire 1sq. mile area that the mall sits on.

Just FWIW.

And that answer came from someone who wears a robe and decides things like this.

So..., if this is the robe's opinion, it you would be illegal to carry in the Bi-Lo which is next door to the mexican restaurant that serves adult beverages.

[Fallguy]

Right, but it is for sale on premises, which covers the entire 1sq. mile area that the mall sits on.

Just FWIW.

And that answer came from someone who wears a robe and decides things like this.

Well not to argue with the robe....and you're right, he'd be the one your standing in front of, but,

The AG has said that each business in a mall is seperate place for the purposes of posting a sign per 39-17-1359

Also 39-17-1305 says "within the confines of a building that sells alcohol for onsite consumption" not the premises. I mean it is legal to carry in the parking lot of a place even if they are having some outside activity and people are drinking outside. But it would seem that Ruby Tuesday's is it's own building, even though it might be under the roof of the mall.

But IDK

[Guest jwp]

So..., if this is the robe's opinion, it you would be illegal to carry in the Bi-Lo which is next door to the mexican restaurant that serves adult beverages.

No, because they aren't using the same door nor are they sharing any common space.

Well not to argue with the robe....and you're right, he'd be the one your standing in front of, but,

The AG has said that each business in a mall is seperate place for the purposes of posting a sign per 39-17-1359

Also 39-17-1305 says "within the confines of a building that sells alcohol for onsite consumption" not the premises. I mean it is legal to carry in the parking lot of a place even if they are having some outside activity and people are drinking outside. But it would seem that Ruby Tuesday's is it's own building, even though it might be under the roof of the mall.

But IDK

That's the AG's opinion. As well as the Judges. They are both strictly opinions and not rulings or laws.

[Guest 270win]

Please just don't call businesses about improperly worded signs or the "Hey ya'll can i carry my gun there?" Most people don't and go discreetly but there are a few out there who will openly carry a full sized 1911 in a place with an improperly worded sign, get into a fuss with the owner or say mall security, tell them their sign isn't legal, and sure enough later on the business puts up a legal sign and screws the rest of us up! Speak softly but carry a big stick.

[Guest krater]

IIRC, our beloved TN State Att Gen at one time issued the opinion that beer was not an alcoholic beverage.

[Fallguy]

IIRC, our beloved TN State Att Gen at one time issued the opinion that beer was not an alcoholic beverage.

You are right, beer with less than 5% alcohol. See TN AG opinion 00-031

However the law has changed since that opinion was issued.

In 2001 HB0227/SB0193 passed which changed 39-17-1305.

It used to say "liquor, wine, or other alcoholic beverages"

But now it says "liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1),"

[Guest jackdog]

Having been a manager at a mall store in the past, each store is their own separate business. An included store ends at their doors, so they would have to have their own postings into the common area of the mall as well, similar to how Bass Pro does at their exit into the common area of Opry Mills mall.

I was at opera mills just before or right after Christmas and could find no posting on any of the mall entrance door. Starting at the theater entrance. I checked four sets of doors to the outside. And yes I was deep concealed. If ghetto thugs can run around with there hip pockets at there ankles and their

boxers half showing then hey I can deep conceal.

[SamZzz]

FYI: The "posting" at West Town Mall is a line on the big blue & white sign on the wall as you walk in the door entitled "CODE OF CONDUCT". Item #6 of 15 states "No weapons, including but not limited to firearms, knives, or any other object(s) that may be used in any way to inflict bodily injury on another person."..

Leaves ALOT open to interpretation there.. as pretty much anything can be used to inflict bodily injury if used properly. That being said.. Yeah.. I walked around the mall today.. the day of the Sales Tax holiday with the mall literally PACKED with people and cops and was never approached. I had my Walther tucked neatly into the waistband of my shorts and covered with a T-shirt. Today was my first "outing" with Walther.. I started with the customary Wal-Mart walk and progressed from there.

[Oh Shoot]

1 year, 6 months, 4 days.

Good archeology!

Btw, anchor store entrances aren't posted at all in any mall I've ever been to.

- OS

[SamZzz]

Yeah, I know it was an old thread... but I since I came here looking for info on the Mall's postings (or lack thereof) and found it outdated, I thought I'd update. The OP mentioned the management company told him it was posted but he didn't see the signs... Just thought I'd mention what WAS there in place of a TCA sign... in case anybody else was interested.

Guess not..

[Fallguy]

Nah, you did fine and thanks for the update.

The funny thing is, if you had started a new thread someone would have posted telling you there was on old thread and to use the search function.

Besides....no on cares what OS says anyway....

[Magiccarpetrides]

It's nice to see some people still use search lol. As far as being improperly posted please no one inform them I like being able to carry there without breaking the law I was carrying the lcr there today

[Oh Shoot]

...

Besides....no on cares what OS says anyway....

Hey, I complimented him on the findage.

But it's true I'm only here to pad David's traffic rating!

- OS