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confidence

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confidence last won the day on May 1 2013

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  1.   It's consistent everywhere except in the middle of nowwhere. ;)
  2.   Nope. Never in my life, actually.   And wrong: I paid my ticket inside the Selmer, TN police station yesterday. It was either that, or wait for the court date. It was posted per 1359 and I did not carry inside.
  3. [quote name="DaveTN" post="1175773" timestamp="1407237693"]You can be arrested for anything. But the law you are quoting requires “knowing and with unlawful intent”. Walking into an area that is not posted and is accessible to the public I don’t think would qualify. Going into a controlled, secured, area would qualify. I’ve not been to a jail or prison in Tennessee but most I have seen in other states are clearly marked with instructions. I'm not an attorney and don't play one on TV, but look up the case of STATE OF TENNESSEE v. CHARLES E. KILPATRICK, JR. [/quote] Hmm...Thanks for the reference to that case...but after reading the first half of that case, I feel less cool about carrying in a police station. They could easily rule it as a place that prisoners are quartered and therefore a penal institution. http://caselaw.findlaw.com/tn-court-of-criminal-appeals/1338419.html
  4.     I was referring to going to pay a ticket or file a complaint, etc. As it turns out, the police station I went to had a 39-17-1359 posting so I couldn't carry anyway.   However, my question still stands. Let's say you had an HCP (I do) and went into a police station to pay a ticket...Let's say the police station wasn't posted and you did not enter a courtroom while court was in session....In that case would you be good to go legally, or could they charge you under 39-16-201?   Does a police station that has a couple of holding cells or whatever count as a penal institution under 39-16-201? Or, is the law only referring to something like a county/state/federal jail or prison?
  5. Does 39-16-201 prohibit carry in a city police station? For instance, what if a local police station in a small town has a jail cell or two? Do they count as a penal institution?:  
  6. Okay so tell me if this is a correct summary on local parks:   Previous state of things: TCA 39-17-1311 and 39-17-1314 deemed null all local laws banning HCP carry in parks that were created between April 8, 1986 and July 1, 2009. (See also AG Opinion 09-179.) Laws enacted before April 8, 1986 were grandfathered in, however, and these governments were allowed to ban without even posting proper signage. Going forward, local governments were also allowed to ban as long as they created new laws and posted signage according to 39-17-1311 and 39-17-1314.   Current state of things: Effective July 1, 2014, any parks covered under the grandfather rule above are no longer grandfathered in. They must now pass a local law and post signage in compliance with state law just like any other local park if they want to ban. Of course, good old AG Opinion 09-158 says that you can still be charged even if they don't post signs, though. As long as the law exists, they can still charge you. Also, these grandfathered in parks have 90 days to remove their now meaningless signs, if they have any.
  7.     ROTFLOL!!!!!! How come I never noticed that?? I've read it many times, lol...Hmmm! Mighty interesting, lol...Nice catch, OS...Don't recall you mentioning that one before...   I'm going to have to talk to a lawyer about this one...Seriously...
  8.   OS,   I'm afraid I'd have to disagree as 39-17-1311 specifically defers to 39-17-1302 for the definition of a weapon. Of course, not every statute references that so it may not apply to all of them. But it for sure applies to parks as that is one of the main purposes of 1311. Therefore, since knives have been removed from 1302 it's lawful to carry them in a banned city park. Read below...    
  9. By the way, how often does LexisNexis update the TCA? It has not yet been updated to match SB 1771.
  10.   Oh boy, one of those. Afraid to exercise any rights in case we all lose them all. Well, I just left a notable banned municipal park where I open carried a rather large blade. I had 3 positive interactions. Was gonna give you a photo but oh well.
  11. After thinking over this a little more...The thing is that it can't be proven beyond a shadow of a doubt that the verbiage (instead a prohibiting logo) actually prohibits carrying a knife. Knives are not listed anywhere in the code as prohibited weapons, so therefore they don't count as a weapon. Yes, I agree that the wording is messed up and that it could be misinterpreted by a court as a weapon but that defies everything in the code. For instance, I like to carry a Smith and Wesson tactical pen. Tactical pens are not mentioned in the code. Could the prohibiting verbiage be interpreted by a court to outlaw tactical pens? Yes, lots of weird rulings have been made that are contrary to the law. But the law does not proactively and clearly prohibit a tactical pen in black and white.   So, I shall open carry a knife into a park and let you know how it goes! Yes, I know you will chide me for being a test case but you need people like me to test this stuff for ya, right? I'll do the dirty work! ;)
  12. So my hope was that I could carry a fixed blade in places where I am currently prohibited from carrying a firearm. Not looking as hopeful for that as I thought. Looks like I am going to be spending some significant time reviewing the TCA in detail before I feel confident doing that. 
  13.   Wait....[pinching self]...Are you actually saying that local municipalities and counties, etc. can no longer ban a park??? You've got to be kidding!! I may do a happy dance right here in my pajamas...  Do the signs have to come down? What about if the park is being used by a school at the time? Is 1314 the only TCA that got modified? Can local govs still ban city buildings on or off a park or other property they have control of? Seems like not!!! Tell me you're not joking!
  14. I haven't had time to get on TGO for a while and can't remember the details on the new knife law. I had all the fine print down earlier this year and now I can't remember.  :blush: Can y'all get me up to speed?   I remember that as of 2013 the state preempts and that as of July 2014 you can carry any length and any type (switchblade, etc.). But what about the finer points? Can property owners/local governments/local parks proactively prohibit with signage like they can guns? Can you carry like a full sword on your side if you were that hard core? (lol!) Where can I read a link that gives me more info? Anybody have the relevant TCA number(s)? Bet OS does :)     In this thread OS says that a convicted felon may carry any knife and that you still can't carry at a school but does that mean you can't even carry a small folder in your pocket in a school? Does this count for local parks being used by a school like firearms? How about local parks in general?   Speaking of parks, I'm assuming the new law applies fully to state parks but what about national parks?   I started to go back and sift through that huge thread on the new law but it's too long. Besides, many here could probably benefit if we recapped things, I'm hoping.   BTW, my post-July01 knife is a Bowie knife!  :usa:          

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