Restaurant Carry

[Guest 270win]

I am encouraging folks to voice their opinions to their state reps and state senators to support a CLEAN bill to allow those with permits and off duty law enforcement to carry inside establishments that serve beer or alcohol on site. Fallguy has a link to the presently introduced bills that allow carry in restaurants but they are full of problems....mainly the requirement that an establishment must make 60% of gross revenues from food...Why should i be required to know how much a business makes off food to know that i am legally carrying? It does not make a lot of sense. The bill also creates an enhanced penalty of revocation of one's permit for breaking the on site premisis alcohol law...How would you like your permit canned because a business you carried in you thought was a restaurant that made 60% of money from food but only really 40% and you got caught....revoked permit...and fined! I would rather have the law the way it is now than the garbage bills introduced in the state house and senate.

You will still not be legal to carry at a bowling alley by my reading of the law, or a sporting event that sells alcohol (they make all their money from ticket sales), or the Orpheum (ticket sales). Downtown Memphis where the ballpark is and Orpheum are areas you badly need a handgun and presently a lot of people keep their mouths shut and hope they don't get caught.

We need a clean bill that does not have a food % requirement...just cleanly states that if you have a permit or are law enforcement, on or off duty, or owner/employee...then you can carry in an establishment that serves. A lot of police would be glad to be legal too I'm sure when they take their family out bowling or to a ball game.

[Guest JeepMonkey]

Agreed 100%. Maybe throw something in there about being able to carry on college campuses as well.

The only thing I would have to caution is that there needs to be a "no drinking" clause, meaning it should be legal to carry in establishments that serve alcohol, as long as you do not consume alcohol. This will make it look more friendly to the Dems in the Legislature and to Bredesen as well. You could also cite examples of liberal states like California, Hawaii, Maryland, Massachusetts, and Michigan that allow carry in restaurants that serve alcohol for on-site consumption.

[Guest 270win]

Some of those states don't even prohibit drinking while carrying either! I don't believe Mass. does or California. TN doesn't by law prohibit drinking while carrying, just being 'under the influence'....I don't see a need in another law on top of a present law.

[Guest JeepMonkey]

I don't see a need in another law on top of a present law.

I don't either. I know 99.99% of those with HCP's will not drink while carrying, but it still looks better to a Democrat Governor and to the general public. The Dems no longer have majority power, so without a clause like such, they could stir up public disgust against a bill like this much easier.

The thing here is that sometimes, we have to compromise to ultimately get what we want, but like I also said, 99.99% of HCP holders won't carry while drinking anyways, so it's really not that much of a loss for us.

[RoDan]

I agree 110%. I don't plan on drinking while carrying. I visit restaurants often and would very much like to carry in those establishments and not have to stash the gun in the car or plan ahead and just leave it home. Pretty much defeats the purpose of owning a gun in the first place. Presently, I can carry to Cracker Barrel and Wal-Mart, that's about it. lol Unless I drive across the border to MS, then I'm set. Though, I can see a point about not changing the law to include no drinking at all while carry, and leave it as being under the influence. I assume that means that if you can legally operate a motor vehicle (less the .08 BAC) then you can legally carry. Am I right? Seems if someone wanted to go to a restaurant, it should be fine to have 1 beer and not break any carry laws.

Edited January 31, 2009 by RoDan

[Punisher84]

I don't either. I know 99.99% of those with HCP's will not drink while carrying, but it still looks better to a Democrat Governor and to the general public. The Dems no longer have majority power, so without a clause like such, they could stir up public disgust against a bill like this much easier.

The thing here is that sometimes, we have to compromise to ultimately get what we want, but like I also said, 99.99% of HCP holders won't carry while drinking anyways, so it's really not that much of a loss for us.

Screw that! F compromising and F the Dems. I want restaurant carry period. Not ANOTHER restriction. Do I drink when I carry? NO. I don't need some jackass Democrat peon telling me another thing I can't do.

Give us what we want and go back to your hookers and blow. I'm done compromising with people WE PUT IN OFFICE! This is my damn country, my freedom, and my right to live and defend myself. It's illegal to be under the influence ".08" and carry. There is already a law. Leave it be.

[Fallguy]

As far as carry while under the infulence there is not BAC%, it's more like public intoxication, it us up the discretion of the officer.

If, IF, there was to be a percentage thing on the bill it should say a percentage from non-alcoholic sales, not just food. That should prevent carry in the night club and bars, but allow carry in restaraunts and bowling alleys, etc... But a clean bill would be best.

I could, if it was the only way, take the comprimise of drinking while carrying a place that serves alcohol for oniste consumption as ground to revoke your HCP, but it really seems like a feel good thing more than anything.

[Guest jackdog]

Screw that! F compromising and F the Dems. I want restaurant carry period. Not ANOTHER restriction. Do I drink when I carry? NO. I don't need some jackass Democrat peon telling me another thing I can't do.

Give us what we want and go back to your hookers and blow. I'm done compromising with people WE PUT IN OFFICE! This is my damn country, my freedom, and my right to live and defend myself. It's illegal to be under the influence ".08" and carry. There is already a law. Leave it be.

You sir have hit the nail on the head.

[Punisher84]

You sir have hit the nail on the head.

Thank ya. I was a bit irate this A.M lol

[Guest truthsayer]

Thank ya. I was a bit irate this A.M lol

You know what would help? A launcher for your AR.

[Guest gunslinger707]

Screw that! F compromising and F the Dems. I want restaurant carry period. Not ANOTHER restriction. Do I drink when I carry? NO. I don't need some jackass Democrat peon telling me another thing I can't do.

Give us what we want and go back to your hookers and blow. I'm done compromising with people WE PUT IN OFFICE! This is my damn country, my freedom, and my right to live and defend myself. It's illegal to be under the influence ".08" and carry. There is already a law. Leave it be.

Punisher i agree 100% screw compromising Just give us a Bill that allow's carry ANYWHERE LEO can carry.

[Punisher84]

You know what would help? A launcher for your AR.

That would make me smile. I really have no need or have ever had a desire for one, but I think it'd piss Obama off. So now I want one.

[Guest 2000Z3M]

You might want to check out the FL Laws about it and use that for a moving point. Down here we can carry into restaurants but not into bars. A bar=50% of sale from alcohol or the bar area of the restaurant.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0790/SEC06.HTM&Title=-%3E2008-%3ECh0790-%3ESection%2006#0790.06 and go to section 12

any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose

Also, I'd look into seeing if any cars have been broken into while you have been eating, with your pistol in the car. The pistol gets stolen and/or used in a crime. Use that for ammo to be able to carry all the time.

[Fallguy]

Punisher i agree 100% screw compromising Just give us a Bill that allow's carry ANYWHERE LEO can carry.

As of now off-duty LEOs can't carry where alcohol is served for onsite consumption. So really wouldn't help us a lot on this issue...

[eapking]

That percentage of sales stuff will just cause problems. Either leave it alone, or make it consuption-site carry with no restrictions. If you want to throw them a bone, add the bit about no drinking while carrying. You should not drink while carrying or gambling for that matter. Both are risk heavy situations and alchohol just leads to poor decisions.

[Guest db99wj]

You can go eat and drink, leave, drive a 2000 lb vehicle that causes more deaths each year than handguns, but you can't even go into a restaurant that serves alcohol and not drink.

I had a two glasses of wine Friday night and I didn't go on a killing spree, nor did I want to, hell I didn't even think about it.

[Guest gunslinger707]

As of now off-duty LEOs can't carry where alcohol is served for onsite consumption. So really wouldn't help us a lot on this issue...

Fallguy you're right i forgot that detail my bad ! old guy bad memory ya know:)

[Guest 270win]

I know it is quite funny that I can legally drive across the state line to Southaven or Olive Branch and drink a beer in a restaurant, drive down the road still carrying, and be legal in Mississippi. MS licensees don't even have to take a class...just pay money to the state with fingerprints, wait, and they get their license. MS does have a problem with a whole host of places off limits....close to 20...kind of like Arkansas. At least I can vote while carrying, carry in state/local govt buildings (as long as not legally posted), and when I go to church.

It is interesting how most Southern states have tons of restrictions where you can and can't carry a gun...while so called anti gun New York, Mass, and California (schools are ok) you can carry pretty much anywhere. States like PA and Colorado (TN permits good in both) you can also carry pretty much anywhere, including bars. If you are carrying on a TN permit you can do the same thing in Alabama (no training generally required).....TN must have a big hang up with alcohol if off duty police technically can't even carry in a place that serves.

[Fallguy]

I have found that funny myself. That so many of the Liberal states, that are may issue, allow you, if you can get a permit, to pretty much carry anywhere.

Who really knows what the hang up is here....

[Punisher84]

I have found that funny myself. That so many of the Liberal states, that are may issue, allow you, if you can get a permit, to pretty much carry anywhere.

Who really knows what the hang up is here....

Robbing Peter to pay Paul kinda thing? Easier to carry in general in the south, but more restrictions. Harder to carry up north, but fewer restrictions.

Strange stuff.

[Guest nraforlife]

Problem with TN is that there is no legal definition of a bar versus restaurant vs night club in the code. This was an issue that the summer session was supposed to look into - LOL like that happened. So, I am not going to hold my breath on the law changing this year but I could be wrong.

Civil disobedience - get caught carrying in a prohibited area, lose your license and that gun, then decide to carry, or not, another without a 'permit'.

[mrmoetn]

Does anybody have any proposed legislation numbers so we can get on this "specifically" in letters, emails and phone calls to our officials?

We had a shooting last week here in the bowling alley in Jackson. I want to be able to "legally" carry ALL THE TIME. This issue is getting more and more important to me by the day...

mrmoetn

[Guest benchpresspower]

Screw that! F compromising and F the Dems. I want restaurant carry period. Not ANOTHER restriction. Do I drink when I carry? NO. I don't need some jackass Democrat peon telling me another thing I can't do.

Give us what we want and go back to your hookers and blow. I'm done compromising with people WE PUT IN OFFICE! This is my damn country, my freedom, and my right to live and defend myself. It's illegal to be under the influence ".08" and carry. There is already a law. Leave it be.

AMEN TO THAT!!!!

[Guest Mugster]

Problem with TN is that there is no legal definition of a bar versus restaurant vs night club in the code. This was an issue that the summer session was supposed to look into - LOL like that happened. So, I am not going to hold my breath on the law changing this year but I could be wrong.

Civil disobedience - get caught carrying in a prohibited area, lose your license and that gun, then decide to carry, or not, another without a 'permit'.

And lose your job because of the criminal conviction and have to sell all the rest of your firearms because all you can get is chief fry cook at mikky d's.

Civil disobedience is painting a sign and walking back and forth in front of capitol hill or chaining yourself to an antigun sign with an unloaded handgun to make a point, not breaking the law and trying to get away with it.

[DaveTN]

Civil disobedience is painting a sign and walking back and forth in front of capitol hill or chaining yourself to an antigun sign with an unloaded handgun to make a point, not breaking the law and trying to get away with it.