Can I carry Here?

[Hitower]

So my wife's work is having a Christmas party at this club house they rented out. It is a private deal. Its not a restaurant. Its not a bar. Its some kind of club house in a resort in the smoky's. It is being catered and there will be alcohol there but of course i will not be drinking. As some of you know my wife's boss was murdered a while back and more recently the office was shot up during a drive by. So i definatley want to be carrying but with this guns n bars deal being overturned I'm not sure how it would work in this situation.

[dats82]

Deep Deep Concealment

And of course, NO word about it to any one else.

[Guest That Guy]

True that. I carry everywhere. When done correctly, it is a non-issue. 90% it is a 5" 1911 in a Milt-Sparks rig and two spare mags. Don't even get a second look.

Tried by 12 vs Carried by 6.

Best case scenario, it is private residence. My understanding in that case, you must seek the owner's approval.

Worst case, it is within the boundaries of the national park.

Wear a sport blazer and carry IWB.

[Parrothead]

Carry.....be prepared. No one HAS to know. If its a private party then no one will be chillin at the entrance with a medal detector. If it hits the fan i would doubt anyone would file charges for saving their life.

This isn't legal advice and dont take it as such....just sayin what i would do in you situation

Edited December 8, 2009 by Parrothead

[Oh Shoot]

Best case scenario, it is private residence. My understanding in that case, you must seek the owner's approval.

Wrong understanding for TN.

- OS

[Oh Shoot]

... no one will be chillin at the entrance with a medal detector. ...

Well, I wouldn't worry if they only found medals on you.

This isn't legal advice and dont take it as such...

I would hope not. Even bad lawyers seldom publicly advise commission of an illegal act.

- OS

[Punisher84]

Well, I wouldn't worry if they only found medals on you.

- OS

WE GOT A SILVER STAR OVER HERE! EVERYBODY DOWN!

[DWARREN123]

Don't ask, Don't tell and be safe!

[Guest bkelm18]

If this event is outside of the park boundaries, I would think the interpretation of "open to the public" comes into play. You say this is a private party, then one would think that it would not be open to the public and carry would be ok. But this sounds like it some sort of rental facility, which seems it would be open to the public, just not at the time of the event. Who knows. I hate laws. Haha. You can make your own conclusions.

That Guy- You do not need permission of the owner to carry on private property. While it may be considered a courtesy, it is not required by law.

Edited December 8, 2009 by bkelm18

[Guest 270win]

Is this place open to the public or is it a private club? If it is a private club, like a supper club, country club, VFW, you would be legal under the law, no matter whether it is a 'restaurant' or not. Private clubs have been legal to carry at. I don't know what you are going to exactly, but I have carried at private clubs that serve alcohol in TN and been perfectly legal. Technically there is nothing in the law that says you cannot have a drink (and i do mean a drink and not be intoxicated) at a private club....TN has a law against possessing a handgun when 'under the influence' but there is not a BAC limit such as when driving...so i'm sure that is a very gray law that can go the wrong way for someone who is not truly 'under the influence' or as we say where i'm from intoxicated.

[Guest crotalus01]

"under the influence" in Tennessee means one sip of alcohol when in possession of a firearm. Nothing gray about it...

[Oh Shoot]

"under the influence" in Tennessee means one sip of alcohol when in possession of a firearm. Nothing gray about it...

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

is VERY gray. Unlike DUI statutes, it specifies nothing.

YOU may interpret that as "one sip", but ....

- OS

[Hitower]

It is a private place, its like a party house that is just rented out to groups. It is not inside the park. I always keep concealed just because of personal preference. I rarely drink so I'm not even thinking about that. So from what I've read i believe i would be able to legally carry there. Thank's for all the input.

[Fallguy]

"under the influence" in Tennessee means one sip of alcohol when in possession of a firearm. Nothing gray about it...

So any one that goes to communion at mass can't carry afterwards? If so for how long are they not able to carry?

[tntnixon]

Medically speaking, one oz of ETOH (equal to one shot, one beer, or one glass of wine) is metabolized by the liver in one hour's time. Therefore, if one had 2 beers 2 hours ago, they would under no set of circumstances be considered "under the influence" because your blood level will be 0.00.

This whole notion of "no amount of alchol is legal" has no justification either in the law, in the court's decisions, or in medical fact. I would certainly like to know who started this notion.

Now, in saying that, I certainly wouldn't advocate more than one drink at least an hour before carrying and would strictly subscribe to the 1 hour per every 1 oz rule.

Also, contrary to popular belief, If you drank that fifth of Jack last night and "slept it off", you are probably still drunk under the law. Only time gives the liver time to metabolize alcohol, it doesn't care whether or not you slept.

Edited December 9, 2009 by tntnixon

[macville]

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

is VERY gray. Unlike DUI statutes, it specifies nothing.

YOU may interpret that as "one sip", but ....

Bingo! Under the influence is as vague as "substantially similar" in -1359! What does under the influence mean???? It simply says under the "influence" of alcohol. Here's what the dictionary says in regards to that:

1. the capacity or power of persons or things to be a compelling force on or produce effects on the actions, behavior, opinions, etc., of others: He used family influence to get the contract.

2. the action or process of producing effects on the actions, behavior, opinions, etc., of another or others: Her mother's influence made her stay.

3. a person or thing that exerts influence: He is an influence for the good.

So the question is, does one beer, one shot, or even one sip of communion wine put me under the "influence"? I would argue that it does not. I would argue that for for pretty much anyone, one drink an hour doesn't change them at all. The most "influence" it has on me is that I "feel" better, but how can you measure that as I normally feel better after putting a drink inside me--the same if it's beer, soda, tea, or water. The driving law is very clear what "influence" means, but this is not. What if you take some cough medicine? NyQuil has alcohol in it right? Last time I changed it didn't do anything besides make me a little sleepy (which is FAR more dangerous if you are driving than walking around with a handgun!!!) It would be great to clear up the law and make carrying a handgun legal with alcohol in your system as long as you were not over the legal limit. That way you'd be able to enjoy a beer with a dinner and not have to choose between a beer (which strangely enough our founding fathers were able to enjoy while carrying..) and your safety.

Also, I still say that getting "drunk" is used as an excuse for doing stupid things. I've been drunk before and I still knew exactly what I was doing. People just want use as a cop-out because the things they do while "drunk" aren't normally accepted "sober".

Matthew

[GLOCKMEISTER]

a short answer to your question is .... No you cant carry. But who will ever know?

[Oh Shoot]

Best advice I can give is if in doubt call a lawyer. Does not cost anything to talk to em over the phone. If they are a lawyer in TN they should know the laws.

The chief lawyer for the entire state doesn't know the carry laws, he only offers his (mostly anti-2A) opinions.

- OS

[Hitower]

Went to the party last night and turned out the place was a trout lodge about the size of a small house in the middle of nowhere. Was about the same as bein at someones home. Anyway, thanks for the input guys.