Feelings about open carry

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Well I admit I don't OC that much, but it's not because I'm worried about breaking the law, but mainly don't want to explain myself at times...and others don't want to be asked to leave by a property owner that was to lazy to post but is still an anti-.

There basically only 5 places that it is illegal for someone with a HCP to carry.

1.) Places that serve alcohol for onsite consumption. (39-17-1305)

2.) Any room where a judicial proceeding is taking place. (39-17-1306)

3.) Schools. (39-17-1309)(Can be left in car (39-17-1309(c)(1){Second half})or even left on your person if you are not getting out and simply picking up or dropping of passengers. (39-17-1310))

4.) Any publicly owned playground, park, civic center or other recreational property or buildings. (39-17-1311)

5.) Any place with a properly posted sign per 39-17-1359.

Now some places may have a no carry policy or non-compliant signs, but that doesn't make it illegal to carry there only against their polciy. Now you may be asked to leave and if you don't leave once told to you may be charged with trespassing.

The last sentence is another reason I don't often OC, according to the AG (Opinion 07-148)a property owner can effectively ban you from now on if you armed by simply saying "I don't want you to ever carry a handgun in here." (Or some similar phrase). So then even at some point in the future...even if they never post a proper sign you could still be charged with trespassing if you returned armed. So in a small town you could run out of places to grocery shop quick...lol

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1.) Places that serve alcohol for onsite consumption. (39-17-1305)

I've been told that this only refers to places that primarily serves alchohol. After reading it, it doesn't seem like that is correct, seeing that it doesn't say anything primarily. Does anyone know any sit-down restuarants in Memphis TN that doesn't serve alcohol for onsite consumption. This basically cuts you down to fast food if you decide to open carry.

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It is any place that serves alcohol for onsite consumption period.

There was a bill in the legislature this last session that would have removed the restriction all together, then they tried to change it to where it would allow carry in restaurants, but not bars. The trouble is there is no legal definition in the TCA as to what a bar or restaurant is. So it has been sent to a summer study committee to hopefully work things out.

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ok. So no open carry at parks, community centers, schools, restaurants(in Memphis they ALL serve alcohol), or posted places. Gotcha. And I'm guessing it just smart rule of thumb to NOT open carry into a bank and the post office. Most have signs against weapons, so its a mute point.

I'm going to start adding places into my PDA that do not allow firearms that I frequent often, and stop going there, and see where that leaves me. It would be interesting to do for a week. I'm guessing there already is a forum with places in Memphis area that allow/ban weapons?

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Are Post Offices off limits? And also, what about National Parks such as Great Smokey Mountains National Park?:question:

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Every post office i have ever seen had a no weapons posting. And I assume National Parks fall under public parks.

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AFAIK as of now it is illegal to carry in National Parks.But there is talk of changing the rules for national parks to go by the state law for the state the park is in. Of course thins means in TN it still would be illegal to carry in a national park.

For the post office question, see here http://www.handgunlaw.us/documents/FAQ.pdf (Question 4)

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Post offices are federal/public buildings and are strictly off limits to either open or concealed carry

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xd45packer wrote:

Post offices are federal/public buildings and are strictly off limits to either open or concealed carry

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xd45, where have you been??? USPS has not been Federal since 1971. There may be, however, USPS offices located within a Federal building, but they are not a Federal entity per se. They are, to say the least, a non-federal entity within the Federal government.

I am not saying you're wrong...just saying.

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aka_caleb wrote:

First off, I would like to announce I am not a troll. I'm a Tennesse state certified Handgun Instructor and I live off of I-40 & Appling. I agree with what is trying to be done with the whole open carry thing, showing how us 'mere' civilians are allowed to carry firearms. I'm 24 years old and have a lot of college age friends who can't believe I carry a firearm everywhere I go. It's been a good chance for me to preach about our rights and that guns are not inherently evil.

The problem I have is I believe carrying openly creates two problems for us who carry. The first is anyone who decides they are having a bad day are probably going to off you first, probably with a bullet in the back of the head, because your their biggest threat at the moment. I know, that sounds far fetch but it could happen. The second is more realistic, in it removes any sort of tactical advantage of anonymity. If you were Mr. Bad Guy and you decided you were having a bad day, I'm the least threatening looking person in a crowd. I dress plainly, I avoid "Tactical" clothing, and I just look like Joe Bum College guy. Most would assume I'm a anti-gun, latte drinking, sheep. Carrying openly defeats any sort of advantage of blending into the background. Mr. Bad Guy shows up, notices a herd of sheep with no sheepdog, tries to take advantage of the situation, and before he can process why one of the sheep has fangs like his own, he's gone. Maybe I'm just more paranoid than most...

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First off if you OC or not, if the badguy is going to come in a place and shoot it up, youmay or may not be shot first.If you OC or CCyou may not be able to prevent that first shot. Who is to say that the man will come in OC with gun in hand and you are able to react to seeing this. He is going to CC and at that giving moment he will fire on anyone. He may not even see your gun, lots of people do not even notice a firearm.