River and Spires.(Clarksville) Is this legal?

[espacef1fan]

This event is on public streets and parks. Seems like it violates state preemption in addition to the sign not being the gun buster sign.

[Oh Shoot]

Open carry! Be the test case!  :devil:

 

- OS

[monkeylizard]

Open carry! Be the test case!  :devil:

 

- OS

 

This.

 

In theory, you're correct. Public street and park. The organizers can get bent. The catch is that you may have to prove that in a court.

[300winmag]

You can carry legally.  As long as you are concealing then you should be fine.

[espacef1fan]

Not according to their sign. I just emailed and asked their legal basis for it.

[espacef1fan]

[espacef1fan]

[espacef1fan]

[monkeylizard]

You should send them TCA 39-17-1311 that  tells them they're wrong.

Edited April 15, 2016 by monkeylizard

[nightrunner]

I wouldn't worry about it, it's not a legal posting. They are simply conveying their wishes. Even if it were legal, no one has been convicted for simply carrying past a legal posting. Not saying that I carry past signs, but I have never had anyone see my gun in public, no matter where I was.

[espacef1fan]

I hope this blows up.

[Papajon]

I don't see them replying to you anymore, Espace. You called them out, they probably know they're in the wrong legally and they don't want to deal with you. It may be too late for this year but I would think the permit is public record since it's issued by the city.

[ken56]

How many good people will be deterred by that sign.......just because its there. They count on that and good people tend to obey laws and signs. This would be a perfect time for an open carry walk. I know some of you on here think its a bad thing to openly carry but how else do you advance the concept that good people can carry guns too? OC/CC is not the point here....putting up unlawful signs is so how do you counter that message? Emails on Face Book?  Is this a fight worth fighting? or just attend and CC.

[DaveTN]

How many good people will be deterred by that sign.......just because its there. They count on that and good people tend to obey laws and signs. This would be a perfect time for an open carry walk. I know some of you on here think its a bad thing to openly carry but how else do you advance the concept that good people can carry guns too? OC/CC is not the point here....putting up unlawful signs is so how do you counter that message? Emails on Face Book?  Is this a fight worth fighting? or just attend and CC.

Go to the DA and see if they will take your complaint. If they don’t; get an attorney and see about going that route. Or as OS said; be a test dummy. It’s not a lawful sign so I don’t think they would cite you. I would guess they would tell you to leave or be charged with trespass. Would it hold up in court; who knows?

I feel strongly about this simply because our state legislature wants to make it unlawful to carry a gun, but then try to act like an HCP holder has some special rights or has some special training. I have an HCP and feel that is ridiculous on both counts. Last I checked rights were for all the people and individuals couldn’t purchase them.

This is a family event and I can understand them not wanting HCP holders and thugs alike (because some are both) open carrying. It could impact their attendance; and that’s their call, same as it is in a store.

My carrying in there would not be illegal (in my opinion) and would not be an issue. So no, I would not participate in a show of force against an event like that when it would surely end badly for us.

EDIT: An AG opinion is not law but most of these types places would probably abide by it until there is case law. Does anyone know if anyone that is authorized to do so has submitted this question to the AG, or if there is case law? Have we ever found anyone yet charged with carrying past a sign of any kind? Edited April 16, 2016 by DaveTN

[Hershmeister]

No unattended children on public streets? Oh the humanity!

[ken56]

I agree that TN requiring a permit to carry a gun in public is an infringement on the 2A. Many states are going with the constitutional carry concept and some don't require a permit to openly carry. I steer you all to CADL v MOC as an example of what 2A rights activism is. I know its a Michigan case.....why can't it work here. Yes, someone has to be the "test dummy" ......now there's support for you. I don't believe anyone could count on many of the people who post on here to contribute to the dummys defense, only sit back and criticize and laugh and then reap the benefit of a positive outcome should that come to pass. Is there even a cohesive group in this state that could effectively challenge things like this? Pardon my ignorance if there is but I have not come across one yet.

[mikegideon]

There are ways to challenge stuff like this without going Voldemort. Open carry demonstrations are stupid.

[m16ty]

There are ways to challenge stuff like this without going Voldemort. Open carry demonstrations are stupid.

 

I agree. Almost all these demonstrations end up being a net negative in the court of public opinion. Voldemort is a good example.

 

Just keep your gun concealed and walk right past the sign, it's that simple. 

[JayC]

TFA for all of it's faults have field a lawsuit against the City of Knoxville over this very issue and it's working it's was through the courts right now.  It's very likely they will win and the city will end up paying a large legal bill to the TFA for the pleasure of loosing.

 

The simple way to get this solved quickly is to go to the local chancery court and request a temporary injunction against the City of Clarksville, and the company operating this festival (which in this case appears to be the Chamber of Commerce in Clarksville) from prohibiting otherwise law abiding gun owners from carrying on public streets and public parks.

 

Since we still have 4 days before it starts, you'd need to either find an attorney willing to take the case for a very low fee and pass the hat asking for donations (my guess is you could raise a couple of grand if you promoted this on facebook), find a law student who can help draft the request for injunction, or a paralegal who is pro gun that could help draft the request.  Or obviously reach our to John Harris at the TFA and see if they'd be willing to take this case on and try to get a temporary injunction before the event starts.

 

My guess is this case would be very easy to win, state law clearly doesn't allow the prohibiting of lawful carry on public right away, nor on parks.  The private land areas likely can legally post, and that is the vast majority of the land here...  the only 'park' you'd have it around the government building and the courthouse, and of course all the streets and public sidewalks.  It wouldn't be a total win, but it could provide case law for future incidents.

 

I believe we need to have a much harder stance on this behavior by governments violating the law...  we should have an organization in TN that focuses on taking to court any clear violations of state law concerning firearms.  This has worked very well for example in GA.  I don't think being a crash test dummy is the best way to do this, I think just going into court and asking for a TI is the best way to handle this.

 

Also, it might not be a bad idea to get the Clarksville Police and the Montgomery County Sheriff on he record on if they will enforce this ban or not...  having them make public statements would help encourage TFA or some attorney to take this case, since then there would be a reasonable expectation that 'reasonable attorney' costs would be award after winning or settling the case.

 

I agree that TN requiring a permit to carry a gun in public is an infringement on the 2A. Many states are going with the constitutional carry concept and some don't require a permit to openly carry. I steer you all to CADL v MOC as an example of what 2A rights activism is. I know its a Michigan case.....why can't it work here. Yes, someone has to be the "test dummy" ......now there's support for you. I don't believe anyone could count on many of the people who post on here to contribute to the dummys defense, only sit back and criticize and laugh and then reap the benefit of a positive outcome should that come to pass. Is there even a cohesive group in this state that could effectively challenge things like this? Pardon my ignorance if there is but I have not come across one yet.

Edited April 18, 2016 by JayC