Posted: 6/19/2009 4:31:10 AM EDT
| How does this apply to liquor stores? No, I wouldn't ever publicly carry while drinking (I( don't do much public drinking anyway), but if I'm out and about and decide to get a bottle of Jack or some wine for the wife - is it legal to carry in the store now? |
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How does this apply to liquor stores? No, I wouldn't ever publicly carry while drinking (I( don't do much public drinking anyway), but if I'm out and about and decide to get a bottle of Jack or some wine for the wife - is it legal to carry in the store now? That's been legal for a few years now. |
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Allowing carry in places where alcohol is sold for off-site consumption (i.e., liquor stores, package/convenience stores, groceries, etc)
was one of TFA's earlier victories in the legislature. It's been legal for a number of years, as someone else noted. Note, though, that it was illegal then, is illegal now, and will remain illegal to carry when under the influence of alcohol. So, don't drink and shoot! David www.tfaonline.org |
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Cool, so I can open carry to a connivence store with a permit? Yes, as long as they're not posted to the contrary. David www.tfaonline.org |
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Yes, you can carry in grocery stores, liquor stores, package/convenience stores (AKA "Stop & Robs"), etc., as long as they're not posted.
What constitutes a valid sign? Here's the Attorney General's Opinion answering that question: S T A T E O F T E N N E S S E E
OFFICE OF THE ATTORNEY GENERAL PO BOX 20207 NASHVILLE, TENNESSEE 37202 April 9, 2007 Opinion No. 07-43 Posting Notices that Handguns Are Not Permitted in Private Buildings QUESTIONS 1. In order to prohibit handgun permit holders from carrying their handguns in a nongovernmental building, must the sign contain the exact language set forth in Tenn. Code Ann. § 39- 17-1359(a)? 2. May a property owner use the international circle and slash symbol in lieu of a sign that uses the language prescribed by Tenn. Code Ann. § 39-17-1359(a)? 3. In a building with multiple businesses, does Tenn. Code Ann. § 39-17-1359(a) require the posting of signs at every entrance to the entire building, or to each separate business that elects to prohibit handguns if the entire building has not prohibited the possession of handguns on the premises? OPINIONS 1. No. Tenn. Code Ann. § 39-17-1359(a) requires the posting of a notice which uses language that is “substantially similar” to the language provided in the statute. 2. No. The international circle and slash symbol may not be used in lieu of a sign that uses the language prescribed by Tenn. Code Ann. § 39-17-1359(a). 3. Tenn. Code Ann. § 39-17-1359 requires the posting of notices at the entrances of each individual business that prohibits weapons on its property if possession of handguns has not been prohibited on the entire property. ANALYSIS 1. Owners of private property may prohibit the possession of handguns and other weapons on their property. To be effective, the owner must post a written notice that satisfies the requirements of Tenn. Code Ann. § 39-17-1359(a), which states, in pertinent part: The notice shall be in English but a notice may also be posted in any language used
by patrons, customers or persons who frequent the place where weapon possession is prohibited. In addition to the sign, notice may also include the international circle and slash symbolizing the prohibition of the item within the circle. The sign shall be of a size that is plainly visible to the average person entering the building, premises or property and shall contain language substantially similar to the following: PURSUANT TO § 39-17-1359, THE OWNER/OPERATOR OF THIS PROPERTY HAS BANNED WEAPONS ON THIS PROPERTY, OR WITHIN THIS BUILDING OR THIS PORTION OF THIS BUILDING. FAILURE TO COMPLY WITH THIS PROHIBITION IS PUNISHABLE AS A CRIMINAL ACT UNDER STATE LAW AND MAY SUBJECT THE VIOLATOR TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS ($500). The primary objective of statutory construction is to give effect to the intent of the legislature. See Cronin v. Howe, 906 S.W.2d 910, 912 (Tenn. 1995). If the language of a statute is clear and unambiguous, the legislative intent must be ascertained by the plain and ordinary meaning of the statutory language used. See Carson Creek Vacation Resorts, Inc. v. State, Dep’t of Revenue, 865 S.W.2d 1, 2 (Tenn. 1993). Tenn. Code Ann. § 39-17-1359(a) is clear and unambiguous. By its terms, it does not require word-for-word use of the statutory language. All that is required is that the notice uses language that is substantially similar to the language provided in the statute. 2. Tenn. Code Ann. § 39-17-1359(a) also authorizes the use of the international circle and slash symbol. The unambiguous language of the statute, however, states that the international symbol may be used in addition to, not in lieu of, the written notice that is prescribed the statute. 3. Tenn. Code Ann. § 39-17-1359(a) also prescribes the requirement for the posting of notices. It states, in relevant part: Posted notices shall be displayed in prominent locations, including all entrances
primarily used by persons entering the building, portion of the building or buildings where weapon possession is prohibited. If the possession of weapons is also prohibited on the premises of the property as well as within the confines of a building located on the property, the notice shall be posted at all entrances to the premises that are primarily used by persons entering the property. Tenn. Code Ann. § 39-17-1359(a). Under the plain language of the statute, if the owner intends to prohibit the possession of handguns or other weapons on the entire premises, the notice must be posted at each entrance to the premises primarily used by persons entering the building, as well as any other prominent locations the owner may choose. If the owner intends to prohibit such possession only in certain parts of the premises, the notices must be posted at the entrances primarily used by persons entering those parts of the premises. ROBERT E. COOPER, JR. Attorney General MICHAEL E. MOORE Solicitor General LIZABETH A. HALE Assistant Attorney General Requested by: Honorable Matthew Hill State Representative for the 7th Legislative District 107 War Memorial Building Nashville, TN 37243 Hope this helps. David www.tfaonline.org |
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Thanks for the tips. I suppose no stupid rule about pistol being unloaded or whatever, right? Also, is there a certain type of pistil holster that is not acceptable? Finally, do a lot of folks carry openly in TN? More specifically, Knoxville area? Doesn't work if it's not loaded .
Use whatever holster you want. I open carry to/from work but usually try and cover it up if I have errands to run. I'm in Nashville, don't want to scare the sheeple. |
Just had a
since they charge us LEGAL Handgun Permit holders a fee to get our Permits. Why doesn't the state pass a law that requires a sign with exact wording that states Handguns are not permitted, and then to be valid, each business would then be required to purchase the signs from the state in order for it to be enforced/legal. Might cause some of these "RED" businesses to then change their plans. Who knows we could even ask for a reduction in fees, since "SO MANY BUSINESSES" would be buying the signs. Wow, we just created revenue for the state, by "Taxing" the Anti Gunners instead of punishing the Legal Handgun Permit Holders for excercising their rights. Also require that all places that have the sign banning LEGAL Handgun Permit Holders from Carrying, must then have a Armed Security Guard at each place for the protection of the public. Failure to have a Armed Guard, then makes them liable for all injury/deaths that take place on their property. Yeah I know, I am dreaming, but imagine what would happen if this was pushed thru. |
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Quoted: Why doesn't the state pass a law that requires a sign with exact wording that states Handguns are not permitted, and then to be valid, each business would then be required to purchase the signs from the state in order for it to be enforced/legal. Ya know... just had a thought... I wonder how many of these businesses are simply posting "no guns" to appease the sheeple, knowing full well we can still carry there? Not that I intend to frequent any such business... cause I dont... it was just a thought. I know that it would be impossible to find out what percentage of businesses this held true for, just something that struck me as something some misguided individual might do....... |
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Grandpa's Hardware in Clarksville, arguably the most overpriced gun dealer in town, still had a sign on their door the last time I was in there announcing since they sell beer (more a fishing and hardware place) that you can't carry concealed in the store. . Yeah, if you enjoy bending over and grabbing your ankles, Grandpa's is the place to go. |
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