need pics of proper no carry sign's

Something I have not been sure about. Say you carry in a place that is posted but you determine is not properly posted, somehow you get busted and the court finds that the sign was "substantially similar" enough, do you lose your carry permit? A $500 fine would be bad but not as bad as losing you permit.

Glenn

Originally Posted by Glenn

Something I have not been sure about. Say you carry in a place that is posted but you determine is not properly posted, somehow you get busted and the court finds that the sign was "substantially similar" enough, do you lose your carry permit? A $500 fine would be bad but not as bad as losing you permit.

Glenn

Not automatically.

The $500 fine suggest the violation is a Class B misdemeanor.

A felony will cause you to loose permit and a Class A misdemeanor will cause it to be suspended for the duration of the sentence.

However there is always the catch all in the law. 39-17-1352(a)(3) says a HCP can be revoked or suspended if the holder "Poses a material likelihood of risk of harm to the public". That would be determined by the DOS. To be honest I don't think that is likely for a violation of 39-17-1359...but it is out there.

Thanks Fallguy. I thought I had heard somewhere that you would lose your permit but I couldn't find verification.

Glenn

Originally Posted by Fallguy

The $500 fine suggest the violation is a Class B misdemeanor.

Also a Class B can include 6 months jail time, although it's not mentioned in the posting notice, so have no idea if this is a special "fine only" penalty or what.

- OS

Originally Posted by OhShoot

Also a Class B can include 6 months jail time, although it's not mentioned in the posting notice, so have no idea if this is a special "fine only" penalty or what.

- OS

You are right about a Class B misdemeanor and the 6 months. Here is what the law actually says.

40-35-111(e)The authorized terms of imprisonment and fines for misdemeanors are:

(2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute;

The last line in all the grades of misdemeanors "unless otherwise provided by statute" means what ever the statute says has the final determination on where it is just a fine, just jail or both. If there is nothing in the statute then 40-35-111 sets the standards.

So 39-17-1359 provides for a fine only and no jail time and based on the fact the fine is $500 is why even though it doesn't say in 39-17-1359 I think a conviction of it is a Class B misdemeanor.

I always figure if they don't want me I will spend my money somewhere else.

Thanks

Glenn

Thanks for the info, I was working the Zoomers in Pigeon Forge just past the Food City and it was posted on the front. I cant remember word for word but it was in red print with a white background. I will be working it again next week and will check it better.( Does not mean I will buy anything while in there) They do not support us why support them I say.

Have a good one,Rando

All the Aztec gas stations are PROPERLY posted also...so I spend my money elsewhere.

I have noticed that St Francis Hospital leaves off the whole last sentence of the posting law. I am curious if your gun is forfeited IF by chance you are caught and you have a real jerk police officer that won't let you take it back to your car. Is your gun gone forever in addition to the possible max $500 fine? It is nice to know that your handgun carry permit probably won't be gone. Maybe this is a good reason why one shouldn't carry a gun that he isn't willing to lose...on top of the reason that if you use it for self defense it probably will be held by police for a while.

Originally Posted by DavidD

Makes you wonder, do they even really mean what they are supoesedly trying to say or are the just trying to appease someone while not actually pissing others off?

I dont think so. When I was managing Armored car my wife worked at Centinnial adn I went to pick her up one day for lunch. I as walked to her office the chief of security stopped me and asked me why I was wearing a gun. I told him
1. they were not properly posted,
2. it would look funny to be wearing a duty belt with no gun in the holster,
3. it would attract attention to the unmaned car that likley had a gun in it since the driver got out and had an empty holster
4. I was going to get my wife for lunch unless he wanted a charge of false arrest to get out of my way.

Later that night I printed the TCA and told my wife to pass it to the guy sinces his office is right next to were hers was. 4 years later they are still not proplerly posted.