Gun carry may still be legal in Tennessee restaurants serving alcohol

[DavidD]

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.

Until now, I hadn't really thought about it like this but I think you all are on to something here. It really does make sense as the part of the law that was vague dealt only with the restriction on the "type" of restaurant. Great Thread!

[Erik88]

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.

wow I did not know that. That makes me feel a little better now.

[Oh Shoot]

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.

1. Employee exemption only applies to businesses that serve alcohol for onsite consumption, not other business types.

2. And:

"... who is the employee or agent of the owner of the premises with responsibility for protecting persons or property..."

So, I'd get it in writing that you have been delegated this authority from the owner.

- OS

[Guest 270win]

I keep my handgun concealed everywhere in public in the event there are some misinformed folks that think I am breaking the law and have nothing better to do but hassle me. I occassionally do eat out and whether or not such restaurant serves liquor...well it's funny even lawyers can't agree what is legal and what is not.....but i will say I like how our Constitution protects us from search and also from self incrimination. I do not leave handguns in vehicles where they can be stolen and Memphis is a hotbed for criminals......so I guess you can figure out where my handgun is when I eat out. I just assume that as long as I mind my own business and keep my 38 hidden while enjoying dinner...I don't think I'll be dragged down to jail anytime soon..worst case I'll be asked to leave the property IF i don't do my part in concealing. Now if I decide to strap on an AK pistol or carry a Navy gun openly in the hand at Outback like the guy in Nashville....I may get a tad bit of attention and find out what the police, prosecutor, and judges think is the law in the Memphis area regarding handguns in restaurants.

[Erik88]

thanks ohshoot for clarifying.

[JayC]

1. Employee exemption only applies to businesses that serve alcohol for onsite consumption, not other business types.

2. And:

"... who is the employee or agent of the owner of the premises with responsibility for protecting persons or property..."

So, I'd get it in writing that you have been delegated this authority from the owner.

- OS

Not exactly correct... This is covered in another part of the law as well...

39-17-1308a3B

(3) At the person's:

( Place of business; or

It's my understanding that you do not have to own the place, only that you conduct business there.

The law for locations selling for on site consumption is more strict in that the person must be authorized where as for everywhere else you're pretty much allowed to carry without a HCP in your place of business.

I personally wouldn't worry about it, if you have approval from the owner or manager to carrying to protect yourself then as I read the law you're authorized to protect persons (yourself) which appears to meet the definition of the law.

[Oh Shoot]

Not exactly correct... This is covered in another part of the law as well...

39-17-1308a3B

"(3) At the person's:

( Place of business; or"

It's my understanding that you do not have to own the place, only that you conduct business there.

Well, I dunno, but there's probably a reason it's spelled out specifically in the other statute regarding alcohol serving businesses but not in this one.

I interpret that a "person's place of business" is not intended to be the same as a "person's place of employment".

Hey, Patrick, got your ears on this one?

- OS

[Guest Glocked-N-Loaded]

Just heard a couple of people mentioning it costing something to get a charge removed from your record. It actually doesn't cost a dime to have an order of expungement, all you need is to step into the clerks office and having a judge sign the order.

[Guest wdb45]

I keep my handgun concealed everywhere in public in the event there are some misinformed folks that think I am breaking the law and have nothing better to do but hassle me. I occassionally do eat out and whether or not such restaurant serves liquor...well it's funny even lawyers can't agree what is legal and what is not.....but i will say I like how our Constitution protects us from search and also from self incrimination. I do not leave handguns in vehicles where they can be stolen and Memphis is a hotbed for criminals......so I guess you can figure out where my handgun is when I eat out. I just assume that as long as I mind my own business and keep my 38 hidden while enjoying dinner...I don't think I'll be dragged down to jail anytime soon..worst case I'll be asked to leave the property IF i don't do my part in concealing. Now if I decide to strap on an AK pistol or carry a Navy gun openly in the hand at Outback like the guy in Nashville....I may get a tad bit of attention and find out what the police, prosecutor, and judges think is the law in the Memphis area regarding handguns in restaurants.

My thoughts exactly. You just said it far better than I could.

[Guest Dean Wormer]

ISomeone needs to explain to these legislators that because of the "no carry in restaurants that serve alcohol" law means we're packing heat to the Chuck-E-Cheese!

[KahrMan]

ISomeone needs to explain to these legislators that because of the "no carry in restaurants that serve alcohol" law means we're packing heat to the Chuck-E-Cheese!

The last Chuck E Cheese I went to sold beer. It has been a couple of years so I am not sure if they still do.

Speaking of Chuck E Cheese, here is a good song by Tim Wilson called Chuck E Cheese Hell

Edited March 31, 2010 by KahrMan

[Guest db99wj]

the Chuck E Cheese's here in Memphis serve. Also, a few weeks ago, the Chuck E Cheese in Hickory Hill was the scene of a huge fight.

Four charged after altercation at Chuck E. Cheese vending machine

Four charged after altercation at Chuck E. Cheese vending machine

By Sherri Drake Silence

Monday, February 15, 2010

At least four people have been charged after a massive fight Saturday night that broke out in the vending machine line at the Chuck E. Cheese restaurant at 3649 Hickory Hill.

It all started when a woman asked Juaneka Key, 18, how long she planned to be at the vending machine. Key said she "was going to take her time" and they began arguing, according to Memphis police reports.

Terence Dickerson, 42, punched the woman in the left eye and Key and a sidekick joined the fight, police reports say. Then, the victim's family got involved.

According to the reports, Key and another woman hit the victim and kicked her under a table. Several people got involved in the fight and many others watched.

According to police reports: "The customers and children began panicking and fleeing the scene to avoid getting involved."

Investigators charged Dickerson and Key with disorderly conduct and inciting a riot. Dickerson's out on $100 bond and Key is out on $250 bond.

Officers also arrested Steven Henderson, 21, and Juanita Hopkins, 37, who were yelling, cursing and making threats while police tried to break up the fight, according to police reports. They're charged with disorderly conduct and possession of marijuana.

Another woman was arrested, but it was unclear if she was charged Sunday.

Edited April 3, 2010 by db99wj

[Guest Dean Wormer]

the Chuck E Cheese's here in Memphis serve

well, ****.

Also, I've learned pretty early on not to go to Hickory Hell.