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Joe's crab shack..... Posted

felinesNfreedom

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Guest Jcochran88

Guest Jcochran88

Posted
Posted
Sorry guys, don't live in Nashville and was not aware of that... Man it would sucks to live in Nashville.

Dude it is not just in Nashville, the law was ruled unconstitutional for the whole state of TN. So if you have been carrying at these type restaurants any where in TN you have been breaking the law.

Dang 56 beat me to it.

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56FordGuy Prolific Contributor

56FordGuy

Posted
Posted
Just curious. Is it only places with alcohol? How about places that just serve beer with food?

Beer has alcohol in it. :)

It is any place that serves any alcoholic beverage for on site consumption. TN state law only allows a 'restaurant' liquor license, so technically every establishment in the state that sells alcohol by the drink is a restaurant. They are supposed to have 50% or greater of their income from food sales, but that law does not appear to be enforced at all. Rep. Todd Curry has introduced a bill that would require them to report that information to the ABC.

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Fallguy Postus Maximus

Fallguy

Posted
Posted
Actually you can't or shouldn't "go back to drinking" with diner. Assuming you leave you EDC weapon in your vehicle, consume alcohol with your meal and then return to the vehicle then you are guility of possessing a handgun while having consumed alcohol. :D

The law doesn't say you can't have consumed alcohol and then re-arm, it says you can't be "under the influence" and be armed. 39-17-1321

So there has to be some point after consuming you are no longer under the influence (if you ever where) or you could never be armed again or drive for that matter.

Alcohol is generally metabolized at the rate of 1 drink per hour (drink = 12oz beer, 5oz wine or 1oz liquor). Body weight also affect the concentration of alcohol in your system. Eating while consuming alcohol does as well.

So if a decent size guy has 1 -2 beers with a meal that took an hour or so to consume, it is very unlikely he is "under the influence" of alcohol.

I am not condoning or recommending any course of action, this is not legal or medical advice, it is simply my opinion.

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aquaman67 Established Contributor

aquaman67

Posted
Posted
The law doesn't say you can't have consumed alcohol and then re-arm, it says you can't be "under the influence" and be armed. 39-17-1321

So there has to be some point after consuming you are no longer under the influence (if you ever where) or you could never be armed again or drive for that matter.

Alcohol is generally metabolized at the rate of 1 drink per hour (drink = 12oz beer, 5oz wine or 1oz liquor). Body weight also affect the concentration of alcohol in your system. Eating while consuming alcohol does as well.

So if a decent size guy has 1 -2 beers with a meal that took an hour or so to consume, it is very unlikely he is "under the influence" of alcohol.

I am not condoning or recommending any course of action, this is not legal or medical advice, it is simply my opinion.

Let's say you tip back a few with your crab legs while leaving your gun in the car.

On the way home something happens and you end up having to shoot someone.

If they do a blood test, and they probably will, you will have alcohol in your system.

You would be a lawyers dream.

The best advice is don't drink at all if you carry period. You are just asking for trouble.

What is "under the unfluence"?

It's what the other guy's lawyer convinces the jury it is...

You want to go down that road?

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Fallguy Postus Maximus

Fallguy

Posted
Posted

The above is very possible, but unless you appear to be under the influence or volunteer the fact you have been drinking and/or consent to a blood test, I'm not sure if they would ever know you had a drink earlier.

The other guys lawyer is a DA in the criminal case, he has to convince all 12 your guilty, your lawyer only has to convince 1 you are not.

I'm not going to let the fact I may have consumed a beer prevent me from using my firearm if I am truly in fear of my life, but that is me.

But as I already said...I am not condoning or recommending any course of action, this is not legal or medical advice, it is simply my opinion.

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Guest Oaklands

Guest Oaklands

Posted
Posted

The reason I had asked if places serving beer only were included is TN does not treat beer like liquor. You can't buy beer in a liquor store and beer is not subject to the 15% liquor tax like wine is. Of course beer has alcohol in it. Places can serve beer where liquor by the drink is not available. The laws are very different for beer vs liquor in this state so the question was not as outrageous as it sounded. Most references made to liquor in the liquor laws pertain to liquor only.

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