Gun carry may still be legal in Tennessee restaurants serving alcohol

[Volzfan]

Want to confuse everyone a little more then read this

Gun carry may still be legal in Tennessee restaurants serving alcohol

So can we carry into restaurants that serve alcohol? Good question.

Edited February 16, 2010 by Volzfan

[Guest BigNoise]

As long as you don't drink, as I understand it. This is what I have been told by various LEOs in my area, as well as my HCP Instructor.

[MacGyver]

This is kind of like the Tennessee Firearms Freedom Act... someone would have to be willing to take on a lot of risk to be the one to step up and test it.

Where's Hex when you need him?

[Volzfan]

This is kind of like the Tennessee Firearms Freedom Act... someone would have to be willing to take on a lot of risk to be the one to step up and test it.

Where's Hex when you need him?

I sure don't have the resources to challenge this.

Hex is on "vacation".

[G27]

This is kind of like the Tennessee Firearms Freedom Act... someone would have to be willing to take on a lot of risk to be the one to step up and test it.

Where's Hex when you need him?

Well, some folks feel that 'concealed means concealed'. Someone who feels that way might find themselves essentially testing this law any time they go out to eat.

Not saying *I* know anyone like that, mind you, just sayin'...

[VolunteerGuns]

Somebody needs to be the test case on this one, and let me know how it works out.

I'd love to carry in Logans, again. Sucks locking up my XD EVERYTIME the fam wans to eat out!

AG needs to pull his HEAD out of his Arse and give his Two cents on the subject Before they charge someone wih a crime.

Wheres Kwik at? Anybody got his number? Have the :poop:head polish up the 'ole army/navy and swing by Applebees on his way home from court dealing with his lawsuit (suing a park ranger.) He'd let us know if resturaunt carry is still legal.

[DaveTN]

So... you get arrested and get an Attorney. The DA declines to prosecute your case. You have a lawyer bill for the arrest and a lawyer bill to get the arrest on a weapons charge removed from your record. The cops are still free to arrest anyone that violates the law in question. What have you gained?… Besides a criminal arrest that you may have to explain at a later time.

[Mike.357]

police can arrest you for doing nothing or for doing something.

It is definitely on your dime to get it fixed.

Glad I could give two craps about eating out.

Edited February 17, 2010 by Mike.357

[Guest db99wj]

So there is question on whether or not the ruling in the Chancery Court is just that, a ruling and has no effect on the law, or says it is to vague as it sits and nothing happens, or it is too vague and it reverts back to the previous law which says you can't do it. We have a law professor that is not sure, an AG that won't say...what are we, the peons suppose to do? Man what confusion.

It almost gives you a defense of "who the hell knows" if you were charged? And no, don't want to be a test case!

[Il Duce]

The way I was told was that if a restaurant's sales was 70% or more food you can carry in it. dont hold me to that though

[dats82]

What a damn mess. It would be sooooooo simple to fix all of this; carry anywhere unless a state issued sign is posted. By this, the law would be standardized and the signs would be standardized. No more guessing it may be this or may be that.

[Fallguy]

So there is question on whether or not the ruling in the Chancery Court is just that, a ruling and has no effect on the law, or says it is to vague as it sits and nothing happens, or it is too vague and it reverts back to the previous law which says you can't do it. We have a law professor that is not sure, an AG that won't say...what are we, the peons suppose to do? Man what confusion.

It almost gives you a defense of "who the hell knows" if you were charged? And no, don't want to be a test case!

Maybe I read it wrong, but I took is the question is, does the ruling revert the entire law back to the previous law, which would make it illegal or did the ruling only say that the part defining what a restaurant was was too vague meaning only that part of the law is invalid and therefore allowing carry in all places that serve alcohol.

Either way I think one of the bills in the legislature that either make a simple exception for HCP holders or repeal 39-17-1305 all together is the best way to go.

[Volzfan]

What a damn mess. It would be sooooooo simple to fix all of this; carry anywhere unless a state issued sign is posted. By this, the law would be standardized and the signs would be standardized. No more guessing it may be this or may be that.

+1

Legal sign or no sign. It can't be any easier. No more "Substantially Similar" signs. Exact signs!

[Guest db99wj]

Maybe I read it wrong, but I took is the question is, does the ruling revert the entire law back to the previous law, which would make it illegal or did the ruling only say that the part defining what a restaurant was was too vague meaning only that part of the law is invalid and therefore allowing carry in all places that serve alcohol.

Either way I think one of the bills in the legislature that either make a simple exception for HCP holders or repeal 39-17-1305 all together is the best way to go.

+1

Seems like the only "answer" that has come out is that "We need to rework it", but the powers at be, especially the AG, hasn't come out to clarify. What is his job again?

[Erik88]

I work in a restaurant, 1 of my managers has a carry permit. The others are perfectly fine if customers carry.

We were robbed at gunpoint about a year ago. I'm not saying I carry while I'm there;) but I may know some employees that do.

[Guest rockbottom12]

how did a case get to the judge in nashville to begin with?

[Fallguy]

how did a case get to the judge in nashville to begin with?

There was a lawsuit. It was heard in Davidson County because that is what state law required for the type of suit it was.

A search on here will reveal several hundred post discussing it.

[E4 No More]

+1

Seems like the only "answer" that has come out is that "We need to rework it", but the powers at be, especially the AG, hasn't come out to clarify. What is his job again?

Tennessee Attorney General

"...the attorney general provides legal advice to state departments and agencies and the General Assembly. Formal opinions of the attorney general on legal issues are rendered to state officials upon request."

[Guest db99wj]

Tennessee Attorney General

"...the attorney general provides legal advice to state departments and agencies and the General Assembly. Formal opinions of the attorney general on legal issues are rendered to state officials upon request."

Seems like this would be a perfect opportunity for this person to work then. Of course, why hasn't a state official requested a formal opinion. Unless of course the answer he gives could kill the bill...well it already is dead, so why not..

I really don't know why, really, why hasn't the question been posed, I wonder.

[Guest 6.8 AR]

I'm confident Bredesen doesn't want to do much with

it. He's probably happy with the confusion.

[Smith]

Maybe I read it wrong, but I took is the question is, does the ruling revert the entire law back to the previous law, which would make it illegal or did the ruling only say that the part defining what a restaurant was was too vague meaning only that part of the law is invalid and therefore allowing carry in all places that serve alcohol.

Either way I think one of the bills in the legislature that either make a simple exception for HCP holders or repeal 39-17-1305 all together is the best way to go.

+1. That's what I thought. She didn't strike down the law only the part defining a restaurant. Which would mean the new law is still in effect only not enforcible for prosecution because the restaurant term can't be defined. So if the legislature defines what a restaurant is in a separate bill then there would be no need for a new or different carry bill.

It would seem that maybe we could get Bonneyman thrown out on the "voided for vaugness" doctrine!

This makes sense to me, but I don't want to be the test case.

[Guest broncobuddha]

I work in a restaurant, 1 of my managers has a carry permit. The others are perfectly fine if customers carry.

We were robbed at gunpoint about a year ago. I'm not saying I carry while I'm there;) but I may know some employees that do.

Where do you work Erik? Got me curious now.

[DWARREN123]

If you are a responsible citizen there should be "NO" limitations on your ability to carry anywhere.

[JayC]

I work in a restaurant, 1 of my managers has a carry permit. The others are perfectly fine if customers carry.

We were robbed at gunpoint about a year ago. I'm not saying I carry while I'm there;) but I may know some employees that do.

If approved by the manager or owner this is perfectly legal carry, and doesn't even require a permit in TN.

Business owners and their employees are allowed to carry while on the business property.

[motoman1012002]

the local officers as long as you are not drinking while eating your ok, But if they have a sign on the door its a differnt story