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Airport carry/possession.

Boomboy007

Regular Member
Joined
Mar 3, 2010
Messages
195
Location
Bellingham, WA, USA
I was watching a television show tonight, and the subject walked into the Knoxville airport. It was posted per legal regulation. However, I question the legality of that signage in the publicly accessible area of the airport.

I am from Crockett County, now living north of Seattle, WA. I have, on more than one occasion, open carried into SeaTac airport and had coffee with my wife before her flight. The LEO's give me the hairy eyeball, but keep their opinions to themselves.

First, since this is owned by the municipality, is it even legal for them to post?

Second, doesn't this mean that one can not legally enter the airport with their firearm, even when flying it in checked baggage to or from the airport?

I usually fly into Memphis or Nashville, and I ALWAYS take my firearm. Can anyone clarify for me? Thanks!
 

solus

Regular Member
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Aug 22, 2013
Messages
8,667
Location
here nc
geez louise, TGO is worthless as last stuff under "laws" dated 2010ish...that material said off limits.

there are vague references on handgunlaw.us under TN talking about municipalities not being prohibited from banning carry of firearms in certain areas, e.g., recreational areas, and other places but nothing specifically stating airport common areas.

nothing is mentioned on the knoxville airport site about firearms in the common areas.

past common areas TSA's USCodes kick in.

however, throughout the search...references stated signage carry the weight of law.

transportation of your personal firearm in locked & checked baggage is TSA USCodes. remember something about RAS needed [plus court order] needed to search by LEs.

std caveats get your legal advice from an appropriate attorney!
 

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
710
Location
McKenzie Tennessee, USA
TN law allows government entities to post:

T.C.A. 39-17-1359
(a)
(1) Except as provided in § 39-17-1313, an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to:
(A) 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; or
(B) Restrict 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 by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366.
(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 or § 39-17-1366.

But as far as I know....as long as transported per TSA regulations, it is legal to carry a firearm to be checked in luggage....although not specifically spelled out in TN law... At least I've not hear of any incidents in those situations.


39-17-1313 is what prevents local governments from post parks and recreations areas as mentioned by solus
 

solus

Regular Member
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Aug 22, 2013
Messages
8,667
Location
here nc
TN law allows government entities to post:

T.C.A. 39-17-1359
(a)
(1) Except as provided in § 39-17-1313, an individual, corporation, business entity, or local, state, or federal government entity or agent thereof is authorized to:
(A) 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; or
(B) Restrict 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 by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to § 39-17-1351 or § 39-17-1366.
(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 or § 39-17-1366.

But as far as I know....as long as transported per TSA regulations, it is legal to carry a firearm to be checked in luggage....although not specifically spelled out in TN law... At least I've not hear of any incidents in those situations.


39-17-1313 is what prevents local governments from post parks and recreations areas as mentioned by solus
uh fallguy, the pesky terms "in a meeting" in (a)(1)(A) & (B) means this TN statute should not pertain to anywhere except those areas where TN citizens are in a meeting, therefore airport terminal common areas do not meet the statute's criteria.

but as previously stated...inal.
 

Fallguy

Regular Member
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Sep 21, 2007
Messages
710
Location
McKenzie Tennessee, USA
Uh, it also includes “, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity;”
 

KBCraig

Regular Member
Joined
Aug 7, 2007
Messages
4,742
Location
Granite State of Mind
Uh, it also includes “, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity;”
That's the who. "In a meeting" is the where.

If you leave off the subsections about "in a meeting" nothing is authorized by the statute.
 

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
710
Location
McKenzie Tennessee, USA
Maybe I don't know what "or" means..... My understanding is, it means the following phrase can be read independently of any preceding phrase. So the phrase " or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity;” means in addition to "in a meeting"

I have followed developments of the TN Handgun Carry Permit since 1996 when it was passed and lived in TN my whole life. I have had discussions with LEOs and Lawyers on other forums, request AG opinions through my State Representative... but maybe I've (and the majority of others I know) have been wrong this whole time.....
 

solus

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Aug 22, 2013
Messages
8,667
Location
here nc
l’anglais n’est pas ma langue maternelle

Englisch ist nicht meine zweite Sprache

İngilizce benim üçüncü dil değil
 

Fallguy

Regular Member
Joined
Sep 21, 2007
Messages
710
Location
McKenzie Tennessee, USA
Mein Vorschlag ist dann, den Transport zum Flughafen zu öffnen und ihnen zu sagen, dass alles in Ordnung ist, weil kein Meeting stattfindet.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,291
Location
Cincinnati, Ohio, USA
Maybe I don't know what "or" means..... My understanding is, it means the following phrase can be read independently of any preceding phrase. So the phrase " or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government entity;” means in addition to "in a meeting"

I have followed developments of the TN Handgun Carry Permit since 1996 when it was passed and lived in TN my whole life. I have had discussions with LEOs and Lawyers on other forums, request AG opinions through my State Representative... but maybe I've (and the majority of others I know) have been wrong this whole time.....
No. for "or" to separate two (or more) different groups or things a comma must proceed the term "or"; business entity, or local...government; private enities versus public enities. If no comma proceeds the term "or" then what proceeds the "or" is just a continuation of the same group.
 

OC for ME

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White Oak Plantation
...grammar, and its proper usage, is not a prereq for the creation of the various laws...if it were the case then that little comma in the 2A would not be so darn baffling...to the vast majority of judges and cops...
 

color of law

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USE A COMMA TO SEPARATE INDEPENDENT CLAUSES.
Rule: Use a comma before a coordinating conjunction (and, but, yet, so, or nor, for)when it joins two complete ideas(independent clauses).
1. He walked down the street,and then he turned the corner.
2. You can go shopping with me, or you can go to a movie alone.

1583247804130.png

Read Heller, they go into great detail of the construction of the amendment.

Commas have great importance in statutory construction.

Getting courts to abide by statutory construction is like pulling teeth.
 

OC for ME

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White Oak Plantation
...27 words...are "explained" by the 54,387 words in Heller...well, technically, only four words are "explained" by 54,387 words in Heller...and "explained" poorly...
 

Doug_Nightmare

Active member
Joined
Nov 21, 2018
Messages
522
Read Heller, they go into great detail of the construction of the amendment. Commas have great importance in statutory construction. Getting courts to abide by statutory construction is like pulling teeth.
Many codifications of statutes include a prefatory section of Rules of Construction that may be unique to that codification.
 

color of law

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Cincinnati, Ohio, USA
Many codifications of statutes include a prefatory section of Rules of Construction that may be unique to that codification.
Almost all states' rules of construction do not define "or" and "and", meaning they go by their ordinary common use. But Ohio pulls a stunt saying "And" may be read "or," and "or" may be read "and" if the sense requires it.

Punctuation usually goes by their ordinary common rules.
 

color of law

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...27 words...are "explained" by the 54,387 words in Heller...well, technically, only four words are "explained" by 54,387 words in Heller...and "explained" poorly...
Prefatory Clauses (A well regulated Militia) are separated from the Operative Clauses (the right of the people shall not be infringed) by the use of a comma. The diagram shows that above as Heller explains.
 
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