to see, or not to see.....

[Guest Verbal Kint]

The solution, of course, is to let all of us pack in these restaurants at any time.

I'm not sure why they don't. Kentucky law (at least when I was last living there last... 5 years ago) stated that you can carry in restaurants as long as they aren't making more than 50% of their profits from alcohol. So places that served food and alcohol like Applebees, Texas Roadhouse, Damons, etc, etc were all fair game... you just couldn't walk into a bar or club where alcohol was their main staple.

[molonlabetn]

Some people are comfortable OCing, just like some people are comfortable carrying in condition 3, and some people are comfortable carrying Glocks... We're all welcome to our preferences, all of the above choices are legal.

There will always be contention and speculation on those subjects. But, don't let that be your deciding factor. Decide based on actual evidence of advantages and disadvantages, and whether it suits you.

[saintsfanbrian]

I want to see you walk up to one of these officers who are off duty and tell them they are breaking the law....

[Mike.357]

If you are off duty, you are not discharging your official duty

I am probably wrong but isn't a Cop "on duty" 24-7.

[molonlabetn]

I am probably wrong but isn't a Cop "on duty" 24-7.

If they are, then they sure had better never get second jobs...

[saintsfanbrian]

Not technically. If they were, they could NEVER have a beer.

[Guest Phantom6]

I am probably wrong but isn't a Cop "on duty" 24-7.

Yup, you are wrong on this one. They may be possibly "off duty but on call" as in many larger communities. I have spoken with law enforcement officers and district attorney's general alike regarding this topic. The cops say 'well, technically yes but as long as the chief doesn't say anythihg...', but the DA's say in "the actual discharge of official duties as a law enforcement officer" means on a call, working a crime scene, during an investigation, etc. Not dinner with the wife or taking a lunch break. "Gee, I think I'll go with door number two, Bob."

Now, will I go up to a cop in my area and tell them that they are in violation of TCA 39-17-1305? Ah,... NO! First of all you see, I believe that as long as you are not drinking, everyone should be able to carry in places where alcoholic beverages are served- and secondly, when I was just a little shaver my dad taught me not to poke hornet's nests with sticks. My life is exciting and sometimes costly enough as it is.

[Marswolf]

What Phantom said. I wasn't going to bring up the while dining thingy, but...what Phantom said.

[Guest canynracer]

10-4...thanks for the clarification!!

[DaveTN]

I am probably wrong but isn't a Cop "on duty" 24-7.

I have asked about Tennessee law on that before and have never seen any reference to the law.

Department policies don’t mean anything; it is covered by state law, I would be curious to know if it is different here.

Illinois makes no distinction between “on†or “off dutyâ€. If you are a sworn Police Officer you can carry anywhere it the state anytime regardless of what department you work for.

You could be called to act "In the actual discharge of official duties as a law enforcement officer" at any time… that would be though to do without a weapon.

[Guest Phantom6]

I have asked about Tennessee law on that before and have never seen any reference to the law.

Department policies don’t mean anything; it is covered by state law, I would be curious to know if it is different here.

Illinois makes no distinction between “on†or “off dutyâ€. If you are a sworn Police Officer you can carry anywhere it the state anytime regardless of what department you work for.

You could be called to act "In the actual discharge of official duties as a law enforcement officer" at any time… that would be though to do without a weapon.

Well then technically cops had better stay out of Applebys, Ruby Tuesdays, Red Lobster, Big Rump Kate's Bordello and Booze Emporium and the like. Otherwise they'd have to retrieve their pistols from their cars in the parking lots like the rest of us cause they'd be carrying in a place that serves alcahol by the drink and by TCA that is illegal. Of course so is doing 28 in a 25 mph zone.

[Guest canynracer]

I have asked about Tennessee law on that before and have never seen any reference to the law.

Department policies don’t mean anything; it is covered by state law, I would be curious to know if it is different here.

Illinois makes no distinction between “on†or “off dutyâ€. If you are a sworn Police Officer you can carry anywhere it the state anytime regardless of what department you work for.

You could be called to act "In the actual discharge of official duties as a law enforcement officer" at any time… that would be though to do without a weapon.

CA is same way...my kids godfather is Ventura County Sheriff...he is required to get involved at any point in time..not speeding tickets, and small stuff like that...the night before we moved to TN, him and I were at a club...obvioulsy he was off duty, but he did bust some dude for doing coke in the bathroom...and yes, he was packing. and before anyone freaks, he was the DD

[Guest canynracer]

Of course so is doing 28 in a 25 mph zone.

LMAO!!! yeah, I guess this is a moot point...they are gonna carry...and who is gonna say something? I wont, actually, I feel better about it since my gun is in the car..lol..make HIM do the dirty work

[Guest Tombstone]

I personally would like to carry my weapon in the open for the intimidation factor that it may have; but here is one reason that I don't.

Just a coule of days ago, my daughter told me a story that happened to a friend of her's dad here in Maryville. THE girls dad was wearing his right out in the open; just like the police. He was getting gas and someone saw the gun and called the police.

So there he was dealing with the police instead of doing something much more enjoyable. LOL

It blows me away when someone calls the police when they see that someone is carrying. It seems to me that the BG's wouldn't want anyone to see the gun. If I see someone with a gun, I think that the person must have a permit or me a LE officer. I know, I know, I am expecting the general public to have just a little common sense. LOL

So I have to say that flying under the radar may be the best bet.

[dralarms]

I wasn't complaining, I was just asking a question. I wished they all went around armed all the time, maybe then some of the laws keeping us from carrying would disappear.

[Guest Mugster]

A peace officer that is full time in the state of tennessee can carry a firearm anywhere in the state, on duty or off. Its in Tenn. code Ann. 39-17-1350a. There are no restrictions.

So I wouldn't complain, If i was you guys.

[Guest ETS_Inc]

A peace officer that is full time in the state of tennessee can carry a firearm anywhere in the state, on duty or off. Its in Tenn. code Ann. 39-17-1350a. There are no restrictions.

So I wouldn't complain, If i was you guys.

So, a Metro Nashville Police Officer, visiting Gatlinburg, on vacation, is acting in the official discharge of their duties? How is that so, since they don't have jurisdiction, and the city of Gatlinburg isn't paying them to enforce the laws within the limits of the city? They are there on vacation, not there to be a cop. Ergo, they shouldn't be able to carry a firearm into a restaurant which serves alcohol.

Allowing police officers to do things like ignore TCA when off-duty is the type of things that lead to a lot of cops developing a "I'm better than a civilian" attitude. Of course, the fact that cops are civilians tends to escape many of them as well.

[Guest dotsun]

A little further down in subsection c:

© The authority conferred by this section shall not extend to a law enforcement officer:

(1) Who carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office;

(2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance;

(3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while within the confines of an establishment where beer or alcoholic beverages are sold for consumption on-the-premises; or

(4) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.

[DaveTN]

So, a Metro Nashville Police Officer, visiting Gatlinburg, on vacation, is acting in the official discharge of their duties? How is that so, since they don't have jurisdiction, and the city of Gatlinburg isn't paying them to enforce the laws within the limits of the city? They are there on vacation, not there to be a cop. Ergo, they shouldn't be able to carry a firearm into a restaurant which serves alcohol.

You will probably find that Tennessee is like most states in that a Police Officer is a Police Officer anywhere in the state. I would guess that their certification is statewide; not limited to the city that hired them.

Allowing police officers to do things like ignore TCA when off-duty is the type of things that lead to a lot of cops developing a "I'm better than a civilian" attitude. Of course, the fact that cops are civilians tends to escape many of them as well.

Well… at least it can lead to someone thinking that cops are like that.

I am not suggesting that it is okay for cops to ignore any firearms laws; that would be wrong. I’m suggesting that all these statements about what cops can and can’t do could possibly be

But I’m not sure.

[Marswolf]

Tricky thing about law. You have to read the whole statute.

[Guest Mugster]

So, a Metro Nashville Police Officer, visiting Gatlinburg, on vacation, is acting in the official discharge of their duties? How is that so, since they don't have jurisdiction, and the city of Gatlinburg isn't paying them to enforce the laws within the limits of the city? They are there on vacation, not there to be a cop. Ergo, they shouldn't be able to carry a firearm into a restaurant which serves alcohol.

Allowing police officers to do things like ignore TCA when off-duty is the type of things that lead to a lot of cops developing a "I'm better than a civilian" attitude. Of course, the fact that cops are civilians tends to escape many of them as well.

It is not ignoring the TCA, that is in the TCA.

I don't have have a problem here. Our peace officers are agents of the state of tennessee, and as such, they should be able to carry anywhere they go. If the bank alarm goes off across the street, 1st bank of gatlinburg, the cop will issue forth and do his duty...where a non peace officer would not.

I think you guys are just pissed off because you can't carry into red lobster like the cops can.

[saintsfanbrian]

Angry about it? Sure, but the officer while eating dinner is not performing his duties as an officer and should not have his weapon with him. If there is a situation across the street, he can go to his car to retrieve his firearm just like the rest of us. There is a reason that lady justice is blind. The law is supposed to apply to ALL people equally!!!

[molonlabetn]

It is not ignoring the TCA, that is in the TCA.

I don't have have a problem here. Our peace officers are agents of the state of tennessee, and as such, they should be able to carry anywhere they go. If the bank alarm goes off across the street, 1st bank of gatlinburg, the cop will issue forth and do his duty...where a non peace officer would not.

I think you guys are just pissed off because you can't carry into red lobster like the cops can.

I think you missed the point... the TCA does indeed specifically state that a law-enforcement officer cannot carry a firearm inside the confines of a building which serves alcohol, when off-duty. I don't see how that can be misunderstood

So, the issue is not that they can legally carry anywhere they want (because, they can't)... we are pissed that they get away with breaking the law!

When law-enforcement can blatantly disregard laws which were specifically written to regulate them, it's a sign of gross competence and management issues within the LE community.

[Guest Mugster]

Oh, well, I guess you are right, according to subsection c. I didn't see dotson's post. I was looking at an opinion by the attourney general's office that referenced section a, which is pretty positive in terms of off duty carry.

Well, if it makes you mad enough, contact the district attorney's office. They enforce the law at the end of the day. The cops only make the arrests.

[dralarms]

Oh, well, I guess you are right, according to subsection c. I didn't see dotson's post. I was looking at an opinion by the attourney general's office that referenced section a, which is pretty positive in terms of off duty carry.

Well, if it makes you mad enough, contact the district attorney's office. They enforce the law at the end of the day. The cops only make the arrests.

You are still missing the point. We don't want them to enforce the law, we want them to change the dang law. It's stupid for us not to ba able to carry while we take the family out to dinner.