Open carry sign question


Yes you can ask anyone to leave your property. Active or retired. If the active officer is not there officially you can tell him or her to leave. The point is its not illegal, were as a private person with a ccw who sees the sign is entering the property illegally, just like trespassing. The officer active or retired is not. But can be asked to leave.
 

Let me give you another example. If a private person with a ccw enters school property that has posted signs ( no weapons ect.) They can be arrested. If a retired peace officer enters they can be asked to leave, but can not be arrested.
 
If this is at a gas station in Milan, I am a little bit familiar with the situation. The owner doesn't mind and doesn't want to prevent carry altogether in the store, but he doesn't want to allow open carry. There is an AG opinion that states a property owner may regulate the manner of carry on their property. This sign was worded by a lawyer with the intention to allow CC but not OC.

If you OC you have not violated 39-17-1359 (TN's posting law) but if you are told leave and don't you could be charged with trespassing. Also to note the law says the posting must be at every entrance "used by the public" not every entrance period. If there is a back door used by the owner, a loading dock etc...they don't necessarily have to be posted.

One note though, when this sign was first posted the "Circle and Slash" symbol (without certain wording) was not a legal posting, however since then the law has changed and now it is....so if push came to shove, you could be charged with carry period.

I am usually one to say don't worry about incorrect postings, but in this case I think it is close enough and the intention is clear. If there was any ever problem I feel the owner would just prohibit carry period.
 
Yes it is legal, it does not have to be on every entrance, they could just have one inside if they wanted. It is private property. They only person/ persons aloud to open carry, conceal carry on private property even if posted not to. Are sworn peace officers, active or retired ( retired with an endorsement from his or her Dept.)

Again, it depends on the State you're in and the applicable statutes. While that establishment is indeed private property it is also open to the public for commerce and subject to regulation which differs from private non commercial property. In Florida a no firearms sign on such a property carries no weight of law.
 
Again, it depends on the State you're in and the applicable statutes. While that establishment is indeed private property it is also open to the public for commerce and subject to regulation which differs from private non commercial property. In Florida a no firearms sign on such a property carries no weight of law.

I think he is assuming Tennessee law given that the thread is posted in the Tennessee forum
 
Signs

On a recent stop for fuel I noticed the attached sign on the window next to the doors for the store. I looked through some of the stickies and am wondering if this is even a "legal" sign since it's not on every public entrance? Link Removed

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Since TN does not differentiate between OC and CC - the sign language is irrelevant. However, the Gun/Slash is recognized in TN Code:


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

(a) (1) 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 who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.

(2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351.

(b) (1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.

(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited.

(3) (A) If a sign is used as the method of posting, it shall contain language substantially similar to the following:

AS AUTHORIZED BY T.C.A. § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.

(B) As used in this section, "language substantially similar to" means the sign contains language plainly stating that:

(i) The property is posted under authority of Tennessee law;

(ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; and

(iii) Possessing a weapon in an area that has been posted is a criminal offense.

(C) A building, property or a portion of a building or property, shall be considered properly posted in accordance with this section if one (1) or both of the following is displayed in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited:

(i) The international circle and slash symbolizing the prohibition of the item within the circle; or

(ii) The posting sign described in this subdivision (b)(3).

(c) (1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.

(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).

(d) 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.

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

(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.
 
When the sign was first posted the "Circle and Slash" without the proper language was not a valid posting as it is now.
 

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