Question regarding Tennessee CCW law

H

httytddy

Inactive
I know that in the state of Tennessee, where I live, state law allows a business to prohibit someone from CCW into their building or property, as long as they have posted a sign stating such at the entrance to their location. However.......state law also gives guidelines and requirements for a business posting a sign. As follows:

"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:

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)".

Here's my question for any of you fellow Tennesseans out there......

I've noticed that my local mall has a sign at the door that simply says "No Weapons". To me, this kind of a notice would not comply with the above, in that it is not "substantially similar" to what is required by law. If that's the case, their ban on CCW is not valid in the state's eyes and you are free to carry into their building. Has this ever come up with any of you before? Does anyone know if a sign like this is valid? Anyone had any experience with this?

Thanks.
 
§ 39-17-1359. Prohibition at certain meetings - Posting notice.

(a) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person otherwise authorized by § 39-17-1351 - § 39-17-1360, at meetings conducted by, or on property owned, operated, or managed or under the control of such individual, corporation, business entity or government entity. Notice of such prohibition shall be posted. 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 any such property as well as within the confines of a building located on such property, the notice shall be posted at all entrances to the premises that are primarily used by persons entering the property. 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).

(b) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.

(c) Any posted notice being used by a local, state or federal governmental entity on July 1, 2000 that is in substantial compliance with the provisions of subsection (a) of this section may continue to be used by such governmental entity.

(d) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.

[Acts 1996, ch. 905, § 11; 2000, ch. 929, § 1.]
Click to expand...

There is a fine of 500 dollars for violating this law. However as you said it says the sign has to say "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)." If that is not what the sign says I would ignore it. Here in Maine stores my also post but if caught all that can be done is asking you to leave.
 
I would say you can legally ignore it, but

if they tell you to leave... you must leave imediatly. No arguement, but leave as fast as possible if allowed. If not you are tresspassing.

S.C. has the same thing...but they specifically say what size the sign has to be, where it has to be put and how it has to look. Most places do not meet this requirement and thus it 'can' be ignored. It was suggested by a CWP instructor not to point this out to the management.... why? because then they will fix it.
 
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