Carmike Cinemas, banning or not?

[MDTN]

See the article at: http://www.newschannel9.com/news/brien- ... y-gun.html It appears that there may be some official or unofficial stance against guns from Carmike Cinemas. I would encourage members to contact Carmike to straighten out this issue and hopefully respect the freedom of self-defense that was guaranteed by the Second Amendment. Article text:


A Chattanooga man says a movie theatre violated his rights when managers refused to allow him to carry his gun into the theatre. Edward O'Brien has a valid Tennessee hand gun carry permit,but apparently that wasn't enough to get him and his gun inside the Majestic 12 Theatre in Downtown Chattanooga.

So who is right?

There is still a lot of confusion over Tennessee's hand gun carry law, even though it's been on the books and debated in the media for quite some time now. That came into play when O'Brien and his friend visited the Majestic 12.

O'Brien said five years ago he was robbed at gunpoint and had a gun put to his head. That was when he decided would buy a gun and get a Tennessee hand gun carry permit. he says he often wears his handgun in plain view, as the law allows. He says he believes that is a deterrent to would-be criminals. he was wearing his .45 calber semi-automatic on his side, in plain view, when he recently came to see a movie at the Majestic 12.

Theatre managers stopped O'Brien.

"He said that my permit to carry was a concealed permit," O'Brien told us. "I said 'No it's not, it's a hand gun carry permit. In the state of Tennessee you can carry it open or concealed."

O'Brien is correct. In Tennessee his permit does allow him to carry his firearm at his side. There is no requirement to conceal it. After some discussion with the manager O'Brien says he refused to conceal his weapon. Then an off-duty sheriff's deputy, who we only know by the first name Adam, got into the discussion.

"He said you have been asked to leave once, if you don't leave now I'm going to arrest you for criminal trespass," according to O'Brien. "I said I need your badge number and name."

O'Brien says "Adam" never gave his name and badge number, nor did he show a police ID.

Mike Browning, the director of communications for the Tennessee Department of Safety, which enforces hand gun carry laws, says the law is clear. A business can only ban weapons if they post a restriction that's clearly visible to customers coming inside.

Dale Hurst, regional manager for Carmike Cinemas, said their legal department is reviewing this case and the law. Hurst says O'Brien was asked to hide his weapon because a couple patrons told management they felt intimidated by the gun.

In Tennessee, businesses do have the right to refuse anyone in who is carrying a weapon with a legal permit. However according to Browning, the businesses are required by law to post a sign outside that says "No Firearms." At the Majestic 12 there is no such sign.

"I feel they violated my civil rights as a permit holder, the right to carry a firearm," said O'Brien. "I'm not a felon. I'm not a criminal. I abide by the laws."

Hurst said Carmike Cinemas have always had a "no weapons" policy, but in light of this incident may consider adding signs at the doors.

[tkdmavrick]

It doesn't matter that the business (movie theatre) didn't post. The posting statute (i.e., if the business didn't post) prevents the State from charging you with intent to go armed. The business owner, as a private property owner, can thus dictate the terms of carry on his property. If Owner demands open carry, so be it. If business owner demands concealed carry, so be it. If the business owner demands NO carry, so be it. The police officer was correct. If the HCP holder refused to leave and was armed, he would have been arrested for aggrevated crimninal trepass. All of the above is NOT my opinion. It is the opnion of Atty General Cooper, the head prosecutor in the state. The above has not, to my knowledge, been overturned in a court of law. Does he, or anyone else, want to be the "test case"? Not I.

The situation is a classic example why HCP holders should carry concealed, especially when they enter PRIVATE businesses. A private business is NOT the place to make a political statement (by carrying openly).

[David Lewis]

[lilredhunter]

I have accidently carried concealed in a posted business. It was not intended & was very accidental. Some concealment holsters are just that comfy. I was using a belly band and a Taurus pt .22. I went in did my transaction and went on my way. I was there about 2 hours. No one never knew I had it. I didn't realize I had it until I got home.

[RobertNashville]

[djstarrider]

I carry regularly into movie theaters. I always carry concealed and have never had a problem of any kind when carrying. If I want to carry openly, I will tuck in my shirt prior to arriving and after exiting the theater. The business owner has the right to refuse service to anyone, and I do want to see the movie. Conceal it on private property that is not posted, and you won't have any issues. Just my .02 worth.

[David Lewis]

Hopefully, after the ridiculous incident* at the Carmike Thoroughbred Cinemas in Franklin over the holiday, Carmike will not change their policy & remain unposted.

*Someone lost their Kahr subcompact .40 w/Crimson Trace laser...left it wedged into a seat & a mother found it at the next showing when it hit the floor when she sat down. See WSMV Channel 4:

David

[djstarrider]

That is just what we need. I hope that the weapon was not owned by a permit holder. Under circumstances like that one, it would be better if it was left by a drug dealer or other BG. I would hate to think that a permit holder would lose control of their weapon in such a manner as that without noticing that it is gone.

Maybe there are holsters out there that are too comfortable. If you can forget it's there, or lose it and not know its gone, then you are not in control of the weapon. Imagine if you walked into a situation with a BG and forgot you were carrying! Be aware folks!!!!!

[CarlS]

Viewing this issue at this late date, I still have concerns:

The "LEO" who refused to identify himself - If he refused to show a badge, then he is not, at that point in time, a LEO and can be appropriately defended against. Even if he is later proven to be a LEO, there is no crime, due to his intransigence. Simply declaring oneself, verbally, to be a LEO is insufficient. Especially given the increasing prevalence of fake law enforcement types. Or has law become so outrageously criminal in nature that this is no longer true?

Then again, even if he did identify himself, was he on or off duty? In Tennessee, a LEO who is off duty is not acting in an official capacity. John Harris said " ... a Tennessee Supreme Court decision approximately a year ago that an off duty law enforcement officer is 'just another citizen' - they have no special status under Tennessee law." That being the case, an off duty LEO has no authority to issue orders or to arrest, other than a citizens arrest, of course, with all the attendant risks to the LEO or anyone else which that involves.

So in the cited incident, it would appear the complainant has actionable issues which might well succeed in any honorable court.