Can a property owner confiscate your gun?

[nplant]

I just read this article and I have a question. It sounds like this street isn't a publicly funded/maintained street, and I could see how that would make it so that the owner of the street property could post a no-firearms policy. But the developer of the property said that "guns, even those legally owned, will be confiscated if they are found in the district" according to this article.

http://www.memphisdailynews.com/edit....aspx?id=43407

Is that legal? What if you refuse to surrender your gun and try to leave the property? I'm not familiar with the laws in Memphis, but it sounds like a recipe for a security guard getting shot.

Beale Street Merchants To Ban Guns

BILL DRIES | The Daily News

Beale Street developer John Elkington calls it the “summer of discontent.”

It was the summer three years ago when the entertainment district cracked down on minors being on the street late at night and began screening the adults at different checkpoints along the street. Elkington remembers 650 knives being seized that first summer.

Later this month, Beale Street will break out the hand-held metal detectors at the entrance points and use other security measures to keep guns out of the three-block area day and night.

[Sharpie1]

I don't know about yours, but they can't confiscate mine.

[Gingerbreadman]

Beale Street-now on my list of places I will not visit.

[SomeKid]

Beale Street is an interesting grey area. I am however inclined to say no, as the street itself is likely publicly owned, even if closed for the betterment of private businesses. Someone from Memphis more familiar with its situation can explain it better.

I know this, from the stories I hear, the Memphis government does whatever it can to make that area business owners happy.

[ConstitutionCowboy]

Back in 1966 while I was in training at Millington Naval Air Station, Beale Street was off limits for liberty even then. The smell of vomit and rotgut booze was enough to keep me away. The music that wafted out of that area was fantastic, though. I imagine it still is.

Woody

[Old Grump]

“When this street is closed it actually becomes a private street under our control. Most people don’t understand that,” Elkington said of his company, Performa Entertainment. “We live in a different city than many of the legislators who voted for this bill, who live in rural areas. … We are a much more violent society than when we started Beale Street (in 1983). Twenty-five years ago there wasn’t anyone Downtown.”

Not on the coldest day in hell Mr. Elkington and I don't care what freezes over. Enjoy your gunless defenseless street because the bad guys know they are in a free fire zone and you gutless worms can't do a thing about it.

[PLRinmypocket]

Isn't that called theft?

[Caliban]

I don't know of any law in any jurisdiction in this country where any citizen has the right to confiscate another citizen's property. The only exceptions are if someone's life is in immediate danger, i.e. you are intervening to prevent an attack of some sort. The fact that someone is on your property does not give you the right to take what doesn't belong to you, although you do have the right to declare someone a trespasser and kick him off your property for any reason.

[Bubbles]

It would almost be worth having an SBR confiscated so that you could report the theft to BATFE and have someone there popped for posession of unregistered NFA...

Almost.

If I lived in the area I would simply avoid the place. If I lived in the area and had some serious money, I'd open a competing venue with a more firearm-friendly policy.

[def4pos8]

NO.

A property owner who notices that I am carrying a firearm may ask that I depart his/her property. If I fail to comply, that's trespass -- nothing more.

[XLMiguel]

I'm with def4pos8 - IANAL, but this sounds llike simple trespass, all they can legally do is tell you to leave. If you're stupid enough to hand your sidearm over, shame on you. Just to be sure, I'd check into local pre-emption laws in TN.

Ths really sounds like a great opportunity for a security guard to either get shot or shoot the worng person and get him & his employer sued to ca-ca del fido. Also sounds like they really don't want my business . . . .

[ThrottleJockey]

Just try it. Anyone assaulting me and violating my personal space in a manner as to take my firearm will be seen as an immediate threat to my life and will likely get the bullets first. After all, if they do get my gun from me, they will have both assaulted me and they will be armed. (In real life I doubt it would go down that way, but it's fun to imagine)

[No3buckshot]

It isn't legal or right but I will give you the exact scenario they will pull to get it done!

They will hire off-duty PD or SO employees for "security".

If they suspect that you are carrying, they will sic said "security" on you.

Because they are sworn LE they WILL confiscate your firearm for "officer safety" while they deal with you. Which will consist of them calling their on-duty brethren and turning you over to them, "watch you head on the way into the back seat"!

They will either retain your firearm and you have to sue a private company to get it back, or they will turn it over to their on-duty brethren and you will have to fight the city or county to get it back.

So you will first need BIG BUCKS to get yourself out and fight against that charge.

Then you will need EVEN BIGGER BUCKS to fight to get your property back.

If they have the bucks to get the city to close a street for them and revert it to private property, then they have too large a bankroll for you to fight them!

Buckshot

[MICHAEL T]

They like money and its a tourist trap. Don't go their vote with your wallet and contact the state

[sanglant]

from here, it sounds like a good way to get shot

[griz]

“When this street is closed it actually becomes a private street under our control. Most people don’t understand that,” Elkington said of his company, Performa Entertainment.

I sure don't understand that. Will the city give me a street where I can keep Performa Entertainment out?

[SCKimberFan]

They like money and its a tourist trap. Don't go their vote with your wallet and contact the state.

This is the way I feel, especially if TN has pre-emptive laws on the books.

[ZeSpectre]

Folks, how about a simple "no" answer or a "I don't think it's legal" answer without all the "bullets first" chest beating?

This IS the HIGH road isn't it?

[deaconkharma]

the simple best way to handle it is just don't go. Or if you have the time and money to waste, then go get "standing" for a court case and try the preemption deal. Good luck.

Me, I just have no interest in visiting nor giving my patronage to anyone who takes rights away. It's likely POSTED and since it's both posted and private property... being thus prior notified by POSTED signage and coupled with private property constitutes trespass right? Just don't go, write letters and let what will be, be.

I know this seems to be glaringly different than my natnl park view but, that is wide open wilderness, also not private property, and very little likelihood of enforcement. .... and besides, also now a moot point thanks to the DemoCredit bill.

[308Panther]

Most they can do is ask you to leave the premises or area.
If you dont leave...then I think it becomes trespassing.

I would also question the body or person searches.
Thought this required a warrant....

308Panther

[870]

I'm with PLRinmypocket and 308Panther.

They can have you charged with trespassing (a misdemeaner) but they will be comitting theft of a firearm (a felony), which is the greater charge.

Trying to seize the firearm could be concidered assault therefore you get to defend yourself with as much force as necessary.

[symr00]

I don't see anywhere in that article that they'll be confiscating guns. I'm guessing they will refuse CCW at the gate. The confiscated knives were probably done voluntarily because the knife owners wanted to go in and did not want to go back to their cars/ home to put their knives away. In any case, it's a place I would avoid anyways.

[nplant]

Okay, so I'm not crazy for thinking that this article is mostly bluster. I'll say that I think No3Buckshot is dead-on accurate with the assessment of how it will likely play out in real life.

I have no plans to ever visit Memphis, but if I do, I'll be sure to watch out for this kind of shenanigans.

[sanglant]

Originally Posted by ZeSpectre

Folks, how about a simple "no" answer or a "I don't think it's legal" answer without all the "bullets first" chest beating?

This IS the HIGH road isn't it?

looks more like the ZeSpectre seeing stuff that ain't there road

[Harley Quinn]

Is a good spot to avoid if carry CCW...Simple, you have been warned.

Regards