Restaurant Carry Law ruled Void!

[GKar]

I'm not gonna wear myself out obsessing over this hiccup, nor am I ready to break out the sackcloth and ashes. I'll trust the legislators we've sent to Nashville to carry through on what they started...after all, it's their efforts that got us far enough to have something to be talking about.

[Oh Shoot]

... a blanket carry allowance for HCP holders in all eating establishments whether they serve alcohol or not, with no provision for a posting to disallow. ....

Regards to that legislator you were talking to, but methinks he has not truly thought this through yet.

How could they exempt all restaurants from being able to post, and yet let any OTHER business do it? This would seem to be clearly a discriminatory type issue, and I would think would generate MORE suits.

- OS

[56FordGuy]

I think the answer is to simply allow carry anywhere alcohol is served. Restaurants, 'bars', places operating under special liquor licenses, etc, unless they post. No more concern about what a restaurant is. Anywhere is open to carry unless posted.

[GKar]

Regards to that legislator you were talking to, but methinks he has not truly thought this through yet.

How could they exempt all restaurants from being able to post, and yet let any OTHER business do it? This would seem to be clearly a discriminatory type issue, and I would think would generate MORE suits.

- OS

Given the strong consideration also being given the "parking lot" bill (a similar issue being raised, and some interesting debate on it during the summer session), there may be sufficient precedent...or at least sufficient willingness to test those waters. After all, there are similar discrepancies elsewhere to be able argue the point. And, if the legislature continues to test those waters, the end result may be a not-so-bad place to be...

[Guest 6.8 AR]

I think the answer is to simply allow carry anywhere alcohol is served. Restaurants, 'bars', places operating under special liquor licenses, etc, unless they post. No more concern about what a restaurant is. Anywhere is open to carry unless posted.

This sounds like the right way to go, to me, too. Isn't it already illegal

to have a weapon on your person, in an establishment or a public place, while drinking alcohol? That already covers it, as far as I'm concerned.

I just saw a report on FOX about four police that were gunned down in a

diner somewhere in WA. My heart goes out to those guys families. I don't know about WA state, but that's a situation that a cop might appreciate a

law abiding citizen coming to his aid. It's dangerous out there, nowadays.

[Oh Shoot]

This sounds like the right way to go, to me, too. Isn't it already illegal

to have a weapon on your person, in an establishment or a public place, while drinking alcohol? That already covers it, as far as I'm concerned.

...

No, not exactly. Only law re drinking/carrying before the restaurant change is

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

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

"under the influence" is not defined.

- OS

[Guest redbarron06]

No, not exactly. Only law re drinking/carrying before the restaurant change is

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

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

"under the influence" is not defined.

- OS

Could it not be defiened (in some way anyway) as the same as driving under the influence. From what I understand in FL as long as you dont blow .08 you are legal to both drive and carry your gun.

[Oh Shoot]

Could it not be defiened (in some way anyway) as the same as driving under the influence. From what I understand in FL as long as you dont blow .08 you are legal to both drive and carry your gun.

DUI is specified in the statutes.

"under the influence" while carrying is not.

Like many things, up to the arresting LEO and later, the judge.

Maybe you get a BAC test, maybe not.

- OS

[Guest jg45]

My State Representative, Ron Lollar, has indicated to me that the AG has been asked to appeal the decision.

[RinTN]

... Of course she used as much ambiguity as possible in her decision, since it's indefensible. Her use of the term "vague' is ironic, since her reasoning in the verdict was equally vague.

The AG is showing his anti-gun colors by his failure to even file an appeal.

...

It's possible that I don't understand the situation correctly, BUT - I'm under the impression that we don't really know yet how vague or specific the ruling is because it's not actually been filed yet. If my understanding is correct though, it may make sense that an appeal hasn't been filed yet.

[Guest redbarron06]

It's possible that I don't understand the situation correctly, BUT - I'm under the impression that we don't really know yet how vague or specific the ruling is because it's not actually been filed yet. If my understanding is correct though, it may make sense that an appeal hasn't been filed yet.

If the ruling has not been filed that would it be in effect?

[RinTN]

If the ruling has not been filed that would it be in effect?

That's probably a good legal question and I had wondered about it myself. Of course, even if it's not, there's the very real question of whether or not it's worth the risk of ending up dealing with officers/prosecutors who might not really know either.

[macville]

I saw screw getting the AG involved and just get our reps to allow carry any place that alcohol is served! It will take less time to get done rather than going through the AG and we will get a better law.

Matthew

[Guest HexHead]

DELAY DELAY DELAY

C'mon, you guys knew it was coming. :D

[Wingshooter]

DELAY DELAY DELAY

C'mon, you guys knew it was coming. :D

Why did it take you so long?

[trblmkr13]

I'd prefer something more inline with GA carry into bars but no drinking and posting means nothing

[Guest HexHead]

Why did it take you so long?

Don't worry, I fear you'll be seeing it a lot over the next 6-7 months.

[Guest 270win]

We need a clean bill. This silliness of a 'bar' and a 'restaurant' only adds to the confusion. Just change the law to make those with permits EXEMPT just like OFF DUTY LEO'S when carrying a handgun in places open to the public that serve alcohol. There that is real simple. Then it is legal when carrying at say a pro athletic event, a concert, and other events that are not 'restaurants' and may be inside buildings. Also get rid of the stupid $500 fine for places that have 'properly worded' signs. I know no one has gotten in trouble for that fine from what we've heard...but still stupid....Why should i risk being fined anywhere in this state when I have a permit? Fine those who don't have permits and leave me alone.

[Guest HexHead]

We need a clean bill. This silliness of a 'bar' and a 'restaurant' only adds to the confusion. Just change the law to make those with permits EXEMPT just like OFF DUTY LEO'S when carrying a handgun in places open to the public that serve alcohol. There that is real simple. Then it is legal when carrying at say a pro athletic event, a concert, and other events that are not 'restaurants' and may be inside buildings. Also get rid of the stupid $500 fine for places that have 'properly worded' signs. I know no one has gotten in trouble for that fine from what we've heard...but still stupid....Why should i risk being fined anywhere in this state when I have a permit? Fine those who don't have permits and leave me alone.

I agree with all. Besides, why should off duty cops have ANY more rights than we do?

[tntnixon]

I agree with all. Besides, why should off duty cops have ANY more rights than we do?

My uncle was a bouncer at a club, here in Nashville, 20 yrs ago. 2 off duty LEOs came in with their weapons. My uncle wouldn't let them in because they were drinking but the owner overruled him. Next thing you know, one of them pulls his pistol on another patron over a pool game. Luckily, the guys partner was trying to get the guy to holster his weapon(guess he didn't feel like getting kicked off the force or going to the pen) which distracted him long enough for my uncle to come from behind and disarm him.

HCP owners would most likely never try that kinda thing.

[jay1313g]

I hope we get a clean bill that will allow us to carry on Beale Street in Memphis. (I rarely go there but what they did really twerked me!) Personally, I don't OC but I just might parade up and down Beale with the .45 showing to all if a new law would allow it!

[tntnixon]

I hope we get a clean bill that will allow us to carry on Beale Street in Memphis. (I rarely go there but what they did really twerked me!) Personally, I don't OC but I just might parade up and down Beale with the .45 showing to all if a new law would allow it!

I still don't understand how they posted the whole street. Isn't the street public property? It's certainly not a park. can someone from Memphis explain how they justified this?

[Guest SouthernSaltine]

I still don't understand how they posted the whole street. Isn't the street public property? It's certainly not a park. can someone from Memphis explain how they justified this?

I would like to know this as-well!

[Guest jackdm3]

They were awarded some type of private enterprise status by thre council. Loosely, it states that the whole street is one big private club. Public street it is no more.

MORE ON IT HERE:

http://www.freerepublic.com/focus/news/2276430/posts

Edited December 2, 2009 by jackdm3

[Oh Shoot]

... Somehow I feel far too many on this forum are lost in the storm of circumstance trying to change the rules imposed upon them by a broken system so they can be allowed to live free by someone elses definition instead of just living free.

Well, I appreciate your sincerity, but just for discussion sake, do you break all laws you feel are unjust, or just some related to firearm possession?

There are three words which define Liberty, to me, more than any other I have found... "to each, his own".

Check math.

(sorry, couldn't resist that one)

- OS