Fallguy

Welcome

I agree that I don't think property owners are really liable now. However a law that specifically said that may be helpful I think and clear up any uncertainty.

You are right about a Class B misdemeanor and the 6 months. Here is what the law actually says. 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 agree, however it may can help us... http://www.tngunowners.com/forums/tennessee-politics-legislation/23573-good-thing-restaurant-carry-lawsuit.html

Not sure...and that may be a better question for the current thread on the lawsuit. http://www.tngunowners.com/forums/tennessee-politics-legislation/22892-challenge-guns-bars-law-nashville-attorneys-david-randolph-smith-adam-dread.html

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.

While I have nothing to really base this on...I am still truly hoping the lawsuit is eventually dismissed. However, I wonder if some good could come from it all. It seems one of the reason restaurant owners are against the law is because of what they see as the possible liability on their part for the actions of a HCP holder on their property. Maybe this discussion can open the door for new liability and/or non-liability legislation to be introduced next year. Again...no hard facts to base this on, but I figured that one of the main reasons a business may post against carry is the liability (real or perceived) on their part for the actions of a HCP holder on their property. ...and let's be honest, if someone injured in a shooting does sue, the property owner will probably be named since they are the "deep pockets". So a law that specifically said the property owner is not liable for the independent actions or results of the actions of a HCP holder on their property would give them some ease and for sure one less reason to post. But...on the flip side, if the above is done and the place still chooses to post against carry, I would like to see a HCP holder specifically be able to seek damages if something occurs in a place.

LOL...you should know you can't use logic and facts to make your point. Especially when they are using emotion and just making up stuff....

Yep, been in restaurants that serve alcohol in other states (even though some attorneys in Nashville seem to think there aren't such states) and as been said.....nothing happened......lol

I don't think the OP was really looking for a dark lining in a silver cloud. I just took it as he has not been pulled over often, and when or if he has before he was not asked about his handgun. Don't think he really said he tought it "odd" as much as he just wanted to know if it was a common thing. If something happens to you for the first time.....how are you supposed to know if it is the "norm" or not if you don't ask?...

I think pics have been posted here before...but I haven't tried a search yet. As far as wording goes...the law says the wording has to be "substainly simillar" to what is in 39-17-1359. To my knowledge there is not a legal definition or a court ruling on what substainly simillar is. IMO it needs to contain: Who is posting the property, what part(s) of the property are off-limits, refrence 39-17-1359 and mention the $500 fine. As far as color goes...there is no required coloring of the background or lettering. As far as where they are placed...the law says at "all entrances primarly used by the public" and that it should be "plainly visable" to the average person entering. A place of business can tell you to leave the property if you armed, even if they do not have a posted sign, let alone an improper posting. If you do not leave then you are trespassing.

I really need to get a life.....lol

I believe it is connected to the website in this thread... http://www.tngunowners.com/forums/handgun-carry-self-defense/23494-has-anyone-else-seen-website-yet.html

Hey...so you got to catch back up while I was on my in to work....

The funniest thing is....only those with around 3,500+ post themselves have posted in this thread so far....lol .....and one other over 5,000

Hmmm, very interesting. Seems like maybe it isn't such a "public" street after all. Oh well...as I've said...I've not lost anything in Memphis...let alone Beale St....

Has anyone been denied entry before? What about those under 21, are they allowed on the street?

Exactly! By no means am I rolling over or being complacent. I'm also not saying what I may or may not do on personal level, however advocating breaking the law on a public forum simply because you don't, like it is not the best way to affect change....IMO

Welcome

Dave beat me to it. But since he didn't close the thread, neither will I. If a judge in a court of law issues an injunction, then regardless of what passed in the legislature, it will be illegal to carry in restaurants that serve alcohol until that injunction is lifted. Remember...we're not supposed to discuss illegal activity on the board.

Issued 6/18/09, came in today!

From what others have said, the person would be denied entry onto a public street.

LOL...well yes it does. I guess I just missed that. Thanks! I have already drafted a copy to send to the Jackson, TN city council members.

Great open letter!! Wonder if Mr. Meade would allow others to modify it to fit their area and send it to other local politicians, papers?

Hello