Restaurant that serves alcohol current carry laws?

[andersmg]

This subject came up this past weekend during conversation with new friends. I said it is legal to carry with permit in such situation, (restaurant that serves alcohol ), they disagreed. I admit I have been lazy as far as keeping up with any new laws lately so I'm asking about current law?

[Chucktshoes]

You are correct. It is legal to carry in an establishment that serves alcohol, so long as you are not consuming. When that prohibition was removed, it was changed to a two part test where one has to be in an establishment that serves, and is consuming alcohol. 
 

Here is the relevant portion of the Tennessee Code. 
 

 

TCA 39-17-1321

 

39-17-1321. Possession of handgun while under influence — Penalty. 

(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.

(b) It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and

(2) Consuming any alcoholic beverage listed in subdivision (b)(1).

(c)

(1) A violation of this section is a Class A misdemeanor.

(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351 or §  39-17-1366, such permit shall be suspended in accordance with § 39-17-1352for a period of three (3) years.

 

[andersmg]

thanks!

 

[chances R]

unless establishment is posted....

[Parrothead]

Kinda off topic, but maybe not;

The part about this that is troubling to me is the definition of “under the influence”. Are you under the influence after one beer? Or six?

For driving, we have established a quantifiable definition of impairment. Do we use that same BAC here? I would prefer that over officer discretion. Because of this, I just wait for the beer until I get home. 

[RED333]

56 minutes ago, Parrothead said:

Kinda off topic, but maybe not;

The part about this that is troubling to me is the definition of “under the influence”. Are you under the influence after one beer? Or six?

For driving, we have established a quantifiable definition of impairment. Do we use that same BAC here? I would prefer that over officer discretion. Because of this, I just wait for the beer until I get home. 

I know I will get some kick back on this, but as someone that does not drink alcohol, one drink, be it beer, wine, or stronger, is “under the influence”.

[Defender]

Im a former drinker.  Quit 10 or so years ago after I realized I liked it a tad too much, lol.  But I think it should be the same as for driving.  I see nothing wrong with having a drink with dinner or something, as long as you are ok to drive.  Same should apply here.

[Chucktshoes]

I’ve long maintained that if drinking makes one unsafe with a gun, it’s not the gun that’s the problem. 

[billyblazes]

It's kind of crazy to me that in Florida 0.08 on a breathalyzer is considered intoxicated for operating a motor vehicle but a person discharging a firearm is not considered intoxicated until they blow 0.1

[peejman]

3 hours ago, billyblazes said:

It's kind of crazy to me that in Florida 0.08 on a breathalyzer is considered intoxicated for operating a motor vehicle but a person discharging a firearm is not considered intoxicated until they blow 0.1

Who hurts more people, drunk shooters or drunk drivers?

[RED333]

1 hour ago, peejman said:

drunk drivers

By a LOT, more than double.

https://www.responsibility.org/alcohol-statistics/drunk-driving-statistics/drunk-driving-fatality-statistics/

According to the National Highway Traffic Safety Administration, 36,560 people died in traffic crashes in 2018 in the United States (latest figures available), including an estimated 10,511 people who were killed in drunk driving crashes involving a driver with an illegal BAC (.08 or greater)

 

Edited May 2, 2021 by RED333
Because I can

[chances R]

CDC says almost 40,000 firearm deaths in 2018

 

[RED333]

1 hour ago, chances R said:

CDC says almost 40,000 firearm deaths in 2018

 

You have a link to that?

[RED333]

Here is what I find.

GUN VIOLENCE ARCHIVE 2018

Evidence Based Research - since 2013 PUBLISHED DATE: May 02, 2021

• Total Number of Incidents 55,154
• Number of Deaths¹ 14,889
• Number of Injuries¹ 28,818

[i1afli]

1 hour ago, chances R said:

CDC says almost 40,000 firearm deaths in 2018

 

Due to drunk shooters?

[RED333]

I need to make a correction to my post. According to what I found 10,511 were killed by drunk drivers in 2018 and 14,889 gun deaths in 2018.

Edited May 3, 2021 by RED333
Because I can

[m16ty]

On 5/2/2021 at 7:29 AM, Parrothead said:

Kinda off topic, but maybe not;

The part about this that is troubling to me is the definition of “under the influence”. Are you under the influence after one beer? Or six?

For driving, we have established a quantifiable definition of impairment. Do we use that same BAC here? I would prefer that over officer discretion. Because of this, I just wait for the beer until I get home. 

Well, you probably have to have at least a couple of beers in you to be charged with drinking while armed.

The problem comes if you have to actually use your firearm. I’d say if you took much more than a sip, it would be used against you in court.

[gfd_703]

I don't drink but This Saturday we ate dinner and at the next table I witnessed  father and mother consume 5 to 6 drinks each while having dinner with their 3 small daughters. I know they were driving them home. Now how am I as a permit holder held to a higher standard than a parent of small children? 

[Cruel Hand Luke]

On 5/2/2021 at 9:35 AM, Defender said:

Im a former drinker.  Quit 10 or so years ago after I realized I liked it a tad too much, lol.  But I think it should be the same as for driving.  I see nothing wrong with having a drink with dinner or something, as long as you are ok to drive.  Same should apply here.

That is exactly how some other states define it. The same as the BAC to carry gun as to drive. Pennsylvania is one of those and we don't read about drunken gunfights in bars in PA.

[KahrMan]

21 hours ago, gfd_703 said:

I don't drink but This Saturday we ate dinner and at the next table I witnessed  father and mother consume 5 to 6 drinks each while having dinner with their 3 small daughters. I know they were driving them home. Now how am I as a permit holder held to a higher standard than a parent of small children? 

Because people are not worried about the parent getting into a drunken confrontation with someone and using their child to kill the other person.  

[kwe45919]

On 8/25/2021 at 3:46 PM, gfd_703 said:

I don't drink but This Saturday we ate dinner and at the next table I witnessed  father and mother consume 5 to 6 drinks each while having dinner with their 3 small daughters. I know they were driving them home. Now how am I as a permit holder held to a higher standard than a parent of small children? 

You are held to a higher moral standard as a decent and good human being. 

If the parents are going to be that irresponsible, then it's up to the public to contact authorities to ensure the kids see the next day. 

I don't drink nor have I ever if my kids are in my care. Even at home. It's irresponsible too. If some else is not drinking at the house, then it's game on. Never know when kids need an emergency room trip.

[gregintenn]

Easy answer: Don't act a fool and you won't likely have many problems.

[Grunt67]

If in doubt, don't.