HB0962 - Restaurant Carry

[Guest HexHead]

Maybe... If they have a restaurant liquor license then yes (which most of the above should), if they only serve beer, then it's a maybe if they meet the requirements of hb0962 as passed.

The bill is a huge step forward... Most businesses that serve will be covered, but there are still some "maybe" areas... but as a general rule, if it's a free standing building and they serve liquor (and aren't on the "other" list) then it should be safe to carry in them as long as they're not posted.

Again, if the business isn't posted, and you aren't acting like an ass, I can't see you getting hassled.

[Guest HexHead]

There's a link from your URL now, dunno if there when you posted, goes to:

Bill Votes

that shows who voted how.

My man Armstrong stayed unswayed ... I hope we can get him the hell outta there next time around.

- OS

You know, I think we all need to take our hats off to Speaker Williams. We all had some pretty nasty things to say about him when he maneuvered himself (that's politics!) into the speaker's chair and thought he would just be "Neifeh Lite". Well, he came through for us and in my book retains his favorable NRA rating.

[Volzfan]

On macville's quote...I am like him...I believe I could go out and have a drink with dinner, armed and there not be a problem. However I know the law does not allow this.

I'm very sure that there are a large number of us who could have a drink with dinner and not cause a problem. I'm just worried that the news media may be out to prove that we are not following the letter of the law and show many HCP holders drinking in restaurants. I'll bet that news departments all over are copying the HCP list now and may check randomly for guys to follow. I just think that everyone needs to be VERY careful not to be caught. We are at the doorstep of winning a very long, hard fought battle and don't want to see that jeopardized by those that can't refrain from having just one.

[Fallguy]

I'm very sure that there are a large number of us who could have a drink with dinner and not cause a problem. I'm just worried that the news media may be out to prove that we are not following the letter of the law and show many HCP holders drinking in restaurants. I'll bet that news departments all over are copying the HCP list now and may check randomly for guys to follow. I just think that everyone needs to be VERY careful not to be caught. We are at the doorstep of winning a very long, hard fought battle and don't want to see that jeopardized by those that can't refrain from having just one.

Oh I understand....best to be on top of our P's and Q's for quite a while.

But I'm not sure how the media can watch for those not following the law. Of course they can report if someone is caught and charged. But I don't see how even if they have my name the could sit and wait and watch for me to go out to eat...then sit and watch to see if I order a drink. They don't know what I look like, where I may go etc...

[Fallguy]

I figure give it time for the restaurant owners to figure out that...

A) there people in their establishments carrying guns and not causing any trouble, and that those same gun-totin' individuals who aren't having shoot-outs are cutting into their profit margin by not having at least one drink.

Once that happens, then there might just be some thinking along the lines of "Well, they'll probably be just as well-behaved so long as they aren't actually drunk". After that occurs, there's a chance the law may be altered again to reflect the fact that a responsible person can drink and carry a gun without going nuts and shooting people.

Until then, I suspect that between the news media and their "guns in bars" BS, and the general ignorance of public, any talk of even one beer while carrying a gun is gonna cause the villagers to break out the torches and the pitchforks.

By the way... although I think the passage of this bill is great, it doesn't do a helluva lot for me personally. Y'see, I pretty much gave up on eating out once I couldn't have a cigarette either while I was waiting for my order, or after I had finished eating. And I've wondered what the restaurant owners would have to say if they knew that one law has cost them mine and many other's business.

Interesting points.....

[dralarms]

You guys do know it's always been against the law to drink while carrying.

[GLOCKMEISTER]

what they simpy dont get is if people had to leave the gun in their cars... they wouldnt be drinking anyway, so its not going to effect them $$$$ wise.

[Fallguy]

You guys do know it's always been against the law to drink while carrying.

Well the current law (39-17-1322, unaffected by this bill) says "under the influence" and this is no matter what location you are in. The AG has said you could even be charged under this in your own home.

But a section of this bill takes it even further to say no consuming period while in the restaurant.

If you look at the current law for LEO carry and the times they can not carry 39-17-1350©(2) says "Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance"

So going by that the legislature sees "consuming" and "under the influence" as two different acts. You can still be under the influence even if you are no longer consuming.

Also IMO you can be consuming but not yet under the influence enough to affect motor skills and judgement...but I doubt a LEO and/or judge would see it that way.

Edited May 9, 2009 by Fallguy

[dralarms]

Just going by what they were saying while debating the bill.

[Fallguy]

what they simpy dont get is if people had to leave the gun in their cars... they wouldnt be drinking anyway, so its not going to effect them $$$$ wise.

Not sure I'm following exactly what you are saying....

[GLOCKMEISTER]

some of the resturant people have said they will lose money now becasue permit holders will be packing... so they wont be buying boze.

[Fallguy]

some of the resturant people have said they will lose money now becasue permit holders will be packing... so they wont be buying boze.

Ah..ok

Well isn't that pretty much what Jamie said in part B of his post?

For some reason I though you were disagreeing with it...

[bubbiesdad]

some of the resturant people have said they will lose money now becasue permit holders will be packing... so they wont be buying boze.

Apparently they don't care that non-HCP holders are already driving away after boozing it up at their establishments.

[Fallguy]

Apparently they don't care that non-HCP holders are already driving away after boozing it up at their establishments.

Simple fact is, restaurants make more profit when someone orders an alcoholic drink instead of a non-alcoholic drink.

I think it is the responsibility of the individual to know "when to say when" so as not to be impaired when leaving.

That even goes for the HCP holder who has left his handgun in the car both before and after this law.

[S&WForty]

Y'see, I pretty much gave up on eating out once I couldn't have a cigarette either while I was waiting for my order, or after I had finished eating. And I've wondered what the restaurant owners would have to say if they knew that one law has cost them mine and many other's business.

I think smoker's have been screwed, but at the same time there's a few places I like to eat at that never really could keep the smoke out of the non-smoking area. They got more business when I knew I could go eat and breath at the same time...

Now, if they would only ban screaming babies/kids from nice eating establishments. At McDonald's, no big deal, but when I am paying $20+ for two, I like to enjoy my meal in relative peace and quiet...

POSTED!

KIDS UNDER 12 EAT OUTSIDE.

[titan14]

I think smoker's have been screwed, but at the same time there's a few places I like to eat at that never really could keep the smoke out of the non-smoking area. They got more business when I knew I could go eat and breath at the same time...

Now, if they would only ban screaming babies/kids from nice eating establishments. At McDonald's, no big deal, but when I am paying $20+ for two, I like to enjoy my meal in relative peace and quiet...

POSTED!

KIDS UNDER 12 EAT OUTSIDE.

DITTO 10,000 times...i think I'll open a resataurant that BANS children!!!!!!!!!!!

[Guest Jamie]

I think smoker's have been screwed, but at the same time there's a few places I like to eat at that never really could keep the smoke out of the non-smoking area. They got more business when I knew I could go eat and breath at the same time...

Now, if they would only ban screaming babies/kids from nice eating establishments. At McDonald's, no big deal, but when I am paying $20+ for two, I like to enjoy my meal in relative peace and quiet...

POSTED!

KIDS UNDER 12 EAT OUTSIDE.

In general, the business owners are saying that since the smoking law went into place, the smokers have left, but not enough new non-smokers have shown up to keep them from losing money. So in the end, nobody really wins. Especially if a person's favorite restaurant goes out of business due to a drop in revenue from the combination of a law's effect and a bad economy.

As for breathing... I spent several years working in downtown Nashville. And I can tell you for a fact that there's far worse things floating around in the air down there than cigarette smoke. Diesel fumes, chemicals and various particulates from construction... even the pollen from those damned ornamental trees they've planted all over the place. Oh, and then there's the mold and fungus that accumulates in the building's chillers for the A/C unit(s). ( Ask somebody at the Dept. of Safety about that one some time. )

But everybody wants to bitch about a little cigarette smoke.

As for kids... given what I've seen out of most parents these days, I'm afraid that mass sterilization is starting to look like a pretty good idea to me. :-\

P.S. The wife and I used to blow about $70, twice a week, at our local O'Charley's. Now days, we do our eating, drinking, and SMOKING at home.

So that's $140 a week that a local business no longer gets, just from us. And I'm sure we're not the only ones.

So, how much more do y'all figure they can take, from any source, before they go under?

Edited May 10, 2009 by Jamie

[Guest SomeGuy]

But everybody wants to bitch about a little cigarette smoke.

As for kids... given what I've seen out of most parents these days, I'm afraid that mass sterilization is starting to look like a pretty good idea to me. :-\

Buddy, you have no idea. In my OB semester I encountered a 20 year old female, pregnant again. No big deal right? It was only her 12th pregnancy.

Moving back on topic, let us keep the pressure on, especially the Governor.

[Farman]

So that's $140 a week that a local business no longer gets, just from us.

More $$ for guns and ammo. More fun than O'Charley's.

[dralarms]

While I don't smoke (been smoke free since July 3, 1992) I do not agree with the states new law about smoking. I agree that it is probably costing restaurants money and they need to get together to fight to get that law of the books or at least modified somehow.

I have been in restaurants where I was seated in a non smoking section and still could smell it across the room, and I have been in some that had proper ventilation and you couldn't smell it almost right next to the section.

[Mike.357]

Speaker Williams. We all had some pretty nasty things to say about him when he maneuvered himself (that's politics!) into the speaker's chair and thought he would just be "Neifeh Lite".

Don't paint me with that broad brush of a blanket statement.

I always said to give the guy a chance. I was proved right too.

[dralarms]

Don't paint me with that broad brush of a blanket statement.

I always said to give the guy a chance. I was proved right too.

You did, didn't ya.

[S&WForty]

But everybody wants to bitch about a little cigarette smoke.

You're not obviously someone that upon smelling any cigarette smoke you immediately get a headache and feel like puking. For many, it's not a matter of scent not smelling like roses, they are literally sickened by it. I still agree the law went to far though.

Thanks for the $$$ data points.

[Guest Jamie]

You're not obviously someone that upon smelling any cigarette smoke you immediately get a headache and feel like puking. For many, it's not a matter of scent not smelling like roses, they are literally sickened by it. I still agree the law went to far though.

Thanks for the $$$ data points.

No, but I'm someone who can't go down the soap/detergent isle at the grocery store and keep breathing. And if I'm on an elevator and some little ol' lady who's wearing a quart of cheap perfume gets on, I'd better have enough residual oxygen in my lungs to get to whatever floor I'm headed to. And we won't even discuss the headache that comes along after.

So, does that mean perfumes should be regulated along with guns, alcohol, and now cigarettes?

My reason for bringing up the whole smoking thing to begin with was to point out where some fearful busybody blissninnies are costing some folks as much money with that nonsense as they potentially are with the "absolutely no drinking while carrying a gun" thing.

In the end, it's all related; some people just want to tell other people what they can or can't do, based on what they like/don't like/fear, rather than take any personal steps to avoid those things, or simply bear them for the duration of whatever it is they're doing.

Sure, both of us have a right to keep breathing, but in the end, we both need to do what each of us needs to do, without putting that on everyone else. You need to avoid smokers, and I need to avoid people with no sense of moderation when it comes to perfume/cologne.

And folks who have an unnatural fear of weapons need to stay in their basements with the doors locked, or something of the like.

P.S. If I were to send my wife roses, she'd probably file for divorce, since she's violently allergic to 'em, and would think I was trying to kill her.

[S&WForty]

Smoking ougtha be handled the same as carrying guns. Make it legal everywhere except where it's posted. Let the individual business make the decision.

That sucks about the wife and roses. I was just huffing the scent of one a few minutes ago.

Stong perfumes/scents throw me for a loop more than cigarette smoke.