Memphis Beale Street association to use metal detectors

This is a discussion on Memphis Beale Street association to use metal detectors within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; It was reported on Action News 5 tonight that the Beale Street Restaurant Association will use metal detectors starting Friday July 17th to prohibit anyone ...

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Thread: Memphis Beale Street association to use metal detectors

  1. #1
    Distinguished Member Array orangevol's Avatar
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    Memphis Beale Street association to use metal detectors

    It was reported on Action News 5 tonight that the Beale Street Restaurant Association will use metal detectors starting Friday July 17th to prohibit anyone from carrying a handgun anywhere on Beale street.

    I do not frequent Beale St very often, but I have to question what right they have to stop any armed lawful permit holder, (who is not drinking, since they do sell beer on the street there) from walking around the Beale street area.

    I looked at our TN laws pertaining to handgun carry and realize any private business such as the restaurants and bars can post a "no weapon" sign and keep you out of their businesses, but how can they stop you from carrying on a public street?

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    Member Array tbmccord's Avatar
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    Unless the city of Memphis has enacted an ordinance that I am unaware of, this is an illegal act. I live in Texas now but have a 31 year history in Tennessee and still have family there. My Gunbroker and ebay IDs are: imavoltoo as in I'm a Vol Too!!!
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    Distinguished Member Array GWRedDragon's Avatar
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    Is it really a public street? Maybe it is a private street? Or maybe they just plan to run you through the detectors when you go into a business?
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    I'll echo what others have said on the subject of using metal detectors. You need to find out more info on the who, when, where and why they will be "wanding" people with hand-held metal detectors.

    I doubt seriously if they will be "wanding" people on the street unless they are about to enter the various businesses. On private property they can "wand" you but not on a public street. This wreaks of violation of your civil rights of unreasonable search.

    I'm no attorney but being asked to "voluntarily" be screened with a metal detector would not get a very favorable response from me at all! They would get a few choice words that they would not soon forget!

    For the time being, let's assume that they intend to "wand" people entering the various businesses for firearms. If this will involve people being subjected to random wanding, I don't want to imagine the negative attitudes that some people will have under the circumstances.

    We need more info to give you better advice.
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    Smile

    It will be interesting to see how the businesses are negatively affected. The simple answer for us gun owners is to simply avoid going there. With the crime rate, the statements by the chief of police, etc., I am not inclined to spend any of my money there.

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    VIP Member Array automatic slim's Avatar
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    There is no legal way for a private entity to obstruct the free flow of traffic on a public walkway or street. This would probably violate the 4th, 5th and 14th amendment. Great lawsuit happening here. IANAL but my brother is.
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    Distinguished Member Array PastorPack's Avatar
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    Since it's the Beale Street Restaurant Assoc. I assume that means the individual restaurants, not the street itself. Just my take on the article.
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    VIP Member Array farronwolf's Avatar
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    Someone more familiar with Memphis will have to weigh in on this one. But my understanding was that Beale Street was classified as some sort of park or other city property. Thereby allowing the banning of concealed carry on the entire section of the street, about 4 or so blocks if my memory serves me right that is baracaded that folks use on the weekends or whenever as "Beale Street".

    TN recently passed some sort of law recently that allowed carry into parks, and if I am not mistaken forbid cities from passing local ordinances to get around this.

    Like I said, someone that is more up on TN law will have to weigh in maybe TNMike or another member close to Memphis will give us more accurate info.

    I was planning on going to visit Memphis later this year, and I would be glad if I could actually carry along Beale street this time.
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    Hopefully, this action will come back to 'bite' them in the pocketbook. From what I hear, staying out of this area does not require missing much.
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    Ex Member Array PNUT's Avatar
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    I'm pretty sure that it's a private street. Good luck using metal detectors on the huge, drunk, crowds that go through there, keys, watches, phones, junk in peoples pockets.....I can't see that lasting for too long. Time and customer turnaround is money .
    It's just a 4th rate French Quarter wannabe .

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    What is a private street? Does your tax money maintain it in any way? Do you have a state carry organization that you can call or contact to ask questions about this? It doesn’t sound legal to me.
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  13. #12
    Distinguished Member Array orangevol's Avatar
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    Here's a link that better explains the Beale Street Merchants plan

    Memphis Daily News - Beale Street Merchants To Ban Guns

    This statement was made just a few weeks after someone (who was carrying illegally) pulled a gun and shot at several people on Beale

    “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).

    "ALL THE MORE REASON FOR LAW ABIDING CITIZENS TO PROTECT THEMSELVES, Mr. Elkington!!!"
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    VIP Member Array Majorlk's Avatar
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    I am curious as to how the association can close a public street and declare it private property.

    Things have sure changed since I lived in Memphis in the mid-60's. I have do desire to ever live there again - or even visit.
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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Majorlk View Post
    I am curious as to how the association can close a public street and declare it private property.
    I'm not sure what procedures are involved, but this happens in many rural areas. Rural roads are sometimes closed and then the landowner normally fences it off and maintaines it for his own use. I suppose a City could do a similar thing.

    Michael

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    Member Array danxd45's Avatar
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    AFAIK the section of Beale Street in question is blocked off from all traffic other than patrons of the establishments there. I don't know the legalities of them wanding and confiscating guns from people when it is on a public street though. I understand if the individual owners want to wand folks at the door, but can they keep you from walking down the street? what if there is 1 place that doesnt want to post?

    Souns kind of fishy to me.......

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