New Bill introduced proposing CCW in establishment serving liquor

[Guest Jamie]

Part of me thinks the not consuming at all part of HB0702 is because we already don't expect a bartender to determine how much is too much as far as driving, public intoxication, so don't want them trying to tell how much is too much for carrying while in their place.

And too, with driving a car, if you go in a bar and drink, then decide you've had too much, you can choose not to drive. You can call a cab, get a ride... whatever.

With carrying a gun, well... once you figure out that you've drank too much, you're pretty much already screwed. Even if you happen to have someone with you that you could legally turn the gun over to, you still spend some time intoxicated/under the influence while in possession of a firearm.

So no, I can't see where a "No booze for you, gunmonkey" rule is a bad thing either.

J.

[Fallguy]

And too, with driving a car, if you go in a bar and drink, then decide you've had too much, you can choose not to drive. You can call a cab, get a ride... whatever.

With carrying a gun, well... once you figure out that you've drank too much, you're pretty much already screwed. Even if you happen to have someone with you that you could legally turn the gun over to, you still spend some time intoxicated/under the influence while in possession of a firearm.

Yep...

So no, I can't see where a "No booze for you, gunmonkey" rule is a bad thing either.

J.

Maybe in this situation.....

[Fallguy]

Since I will be stuck at work tomorrow and can't go to Nashville I will be watching the sub-committee meeting on the internet.

They are scheduled to meet at 12:00pm. If you want to watch it you can go to http://www.legislature.state.tn.us/house/Committees/hsubsch.htm then click on the little camera icon next to Criminal Practice and Procedure link.

[Guest canynracer]

So no, I can't see where a "No booze for you, gunmonkey" rule is a bad thing either.

J.

GunMonkey!!! LMFAO!!!

[dunndw]

Since I will be stuck at work tomorrow and can't go to Nashville I will be watching the sub-committee meeting on the internet.

They are scheduled to meet at 12:00pm. If you want to watch it you can go to http://www.legislature.state.tn.us/house/Committees/hsubsch.htm then click on the little camera icon next to Criminal Practice and Procedure link.

I tuned in late...did they defer it again? All I heard was them talking about someone exhuming a dead donkey for a malpractice case

[Guest GUTTERbOY]

I tuned in late...did they defer it again? All I heard was them talking about someone exhuming a dead donkey for a malpractice case

It's actually tomorrow that they'll be considering these bills...

[saintsfanbrian]

Yeah, I got the right day of the week just the wrong day of the month. I realized it after I sent it, but I didn't figure a follow up was necessary. If they don't know what is on their calendar for what day I can't help them.

One rep already responded with the fact that he will be voting the same way I want him to.

Eddie.

[Marswolf]

Again, as I read the current code, we already have a no alcohol at all while carrying statute in place. I suspect this provision was added to the current legislation to take away an obfuscation point from the antis.

[saintsfanbrian]

Yup, better to put it in the bill so they can't say, well what is to stop someone from consuming alcohol while carrying and having that keep it from passing.

[Fallguy]

Again, as I read the current code, we already have a no alcohol at all while carrying statute in place. I suspect this provision was added to the current legislation to take away an obfuscation point from the antis.

I agree with you on the part of why the provision was added to HB 0702.

But I do not agree that 39-17-1321 prevents the consuming of alcohol period while armed. 39-17-1350 when it talks about carry for LEO says "shall not consume or be under the influence". So it would seem by that wording that the legislature sees a difference between the simply act of consuming alcohol and being under the influence. IMO it would take some outward sign (other than the beer bottle in your hand) noticeable to others to be determined to be under the influence. Now as I've said before...it may not take that level for a LEO to say you were under the influence.

[Guest EasilyObsessed]

HB3014 Authorizes full-time faculty and staff at public schools, colleges, and universities in Tennessee to carry handguns if not otherwise prohibited by law.

This is the first I have heard of this....sounds GREAT!

I would feel better on my ~1/4 mile walk from the parking garage to the medical center every morning if I were allowed to carry, especially when I leave well after dark.

[saintsfanbrian]

This is the first I have heard of this....sounds GREAT!

I would feel better on my ~1/4 mile walk from the parking garage to the medical center every morning if I were allowed to carry, especially when I leave well after dark.

The NRA is good for somethings. This was in an email they sent out.

[Guest db99wj]

The NRA is good for somethings. This was in an email they sent out.

What?

[Marswolf]

But I do not agree that 39-17-1321 prevents the consuming of alcohol period while armed.

Well, we'll just have to disagree. Since the code does not specify conditions under which your are under the influence of alcohol for packing,, I think the courts would interpret that as having consumed any alcohol that is still in your blood and therefore influencing you.

What it specifies for LE is fine. But the code just says we are not to be under the influence of alcohol or any controlled substance.

It's a gray area, By one legal definition: "Under the influence phrase is used when someone is not acting in his full consciousness state of mind." My guess is that if an officer smells beer on your breath and you are packing, you won't like the outcome.

[Guest TNDixieGirl]

I intrepret that the same way Mars does. You may not be drunk, but even after one beer, you're under the influence of alcohol. May not be over the legal limit (like for driving), but no legal limit is specified in that code. Just says "under the influence". I've always presumed that meant don't be drinking while having a gun in your posession.

[Guest GLOCKGUY]

here a email i got today about bill 702 from

<TABLE width="100%" border=0><TBODY><TR><TD vAlign=top>rep.eddie.bass@legislature.state.tn.us </TD></TR><!-- To field --><TR><TD align=right></TD><TD vAlign=top><JJAPARSON@CHARTER.NET></TD></TR><!-- CC field --><!-- Subject field --><TR><TD align=right></TD><TD vAlign=top></TD></TR><!-- Size field --><TR><TD align=right></TD><TD vAlign=top></TD></TR><!-- Attachments --></TBODY></TABLE>

Tony, thank you for writing. I agree with you and intend to vote as such......Eddie

</PRE>

[Fallguy]

My guess is that if an officer smells beer on your breath and you are packing, you won't like the outcome.

I do agree with that 100%!

[Marswolf]

I do agree with that 100%!

The law is whatever a jury says it is - subject to appeal.

[GLOCKMEISTER]

so guys.... from emails/feedback we have gotten back.... what kind of vote do you think we have in the commitee so far?

[mdmoseley]

It looks good to pass the subcommitee. From the responses I have heard it looks good to pass the house floor but we will just have to wait. Wonder how long it takes before the webpage for the bill will get updated.

[Fallguy]

It's supposed to be no more than an hour old. But I plan on trying to watch it via the web. If no one has posted the results before I have a chance to, I will.

[Guest GLOCKGUY]

It's supposed to be no more than an hour old. But I plan on trying to watch it via the web. If no one has posted the results before I have a chance to, I will.

fallguy i have to say you are the man when it comes to posting thangs we need to know

[Fallguy]

Just trying to do my part. Oh...and just to note, I have seen it take longer than an hour to update.

[DaveTN]

I agree with you on the part of why the provision was added to HB 0702.

But I do not agree that 39-17-1321 prevents the consuming of alcohol period while armed. 39-17-1350 when it talks about carry for LEO says "shall not consume or be under the influence". So it would seem by that wording that the legislature sees a difference between the simply act of consuming alcohol and being under the influence. IMO it would take some outward sign (other than the beer bottle in your hand) noticeable to others to be determined to be under the influence. Now as I've said before...it may not take that level for a LEO to say you were under the influence.

You are under the influence with the first drink. .08% for DUI is a legal “presumption†that you are impaired. In many states you can be convicted for DUI at levels below the “legal limitâ€. It just is no longer a presumption and other evidence must be submitted for a conviction.

<O:p</O:p

This bill gained support because it was understood that HCP holders would be allowed to go to the restaurants of their choice; but would not be allowed to consume alcohol.

<O:p</O:p

I don’t support anyone drinking and carrying in public, I don’t care if they are a LEO, HCP holder, Military or anyone else.

[mdmoseley]

Fallguy:

There is streaming video of the subcommitee? Where would this be? I might be able to get to it from work.

Edit: NM. I found it on the tn legislature site. Hopefully it will play at work. Looks like it needs VLC. Is that correct?

Edited March 19, 2008 by mdmoseley