Guns in Bars - TOSHA

[eapking]

From today's CA...

State agency says guns in bars no threat » The Commercial Appeal

[Mike.357]

TOSHA inspector David Blessman wrote in a report last week there was "no condition that created the potential for serious physical harm or death."

Hats off to David Blessman. He deserves a raise.

[DavidD]

I love what BlingMore wrote:

"I wouldnt be working at no bar that allows guns. With unemploment as bad as it is, this means that folks need to take on dangrous jobs just to feed they kids."

Wonder how safe they hood is....

[Guest tnxdshooter]

Good news. Go ahead and go federal. I am quiet sure they will refer the case back to state. Since state already will rule in favor of tosha this dude is dead in the water and I hope he is fired from his job.

[Louisb]

Let's not fall into the very trap the scum journalists and politicians have set . . .

Go to Legal Resources

Information deleted by original poster because michie (web site that supposedly has current TN Law) is suffering from cranial rectal insertion and have not correctly posted latest section of the law (as of 9/15/2010)

That said, the Governor was quoted as saying he wished that he had an answer. IF his staff would do a little research and read the law then they would find that all ANY establishment has to do is legally post their site.

That does not garner the press that whoever put the waiter up to doing what he did (could it be an owner of a place that complained in the past) wants about this.

Stepping down from the soapbox.

Edited September 16, 2010 by TCLouis
delete incorrect cite

[Oh Shoot]

Let's not fall into the very trap the scum journalists and politicians have set . . .

Go to Legal Resources

Look at T.C.A. 39-17-1305

and note in © (3) (A)"Authorized to carry a firearm under section 39-17- 1351 who is not consuming, beer, wine, or any alcoholic beverage and is within the confines of a restaurant that is open to the public and serves alcoholic beverages, wine or beer;"

IT IS NOT A GUNS IN BARS BILL OR LAW....l

That's the old statute that was nuked due to court order.

39-17-1305 has been deleted in its entirety.

The new statute has no "restaurant/bar" distinction.

Michie has still not been updated.

While it may not be "guns in bars", you CAN carry in a "bar", if it is unposted.

- OS

Edited September 15, 2010 by OhShoot

[Guest TnRebel]

but you still can not drink at all.

[Oh Shoot]

but you still can not drink at all.

In an establishment that sells alcohol, while carrying.

However, being under the influence while carrying is still a separate matter and it is not illegal to have a drink elsewhere and carry per se.

- OS

[Guest TnRebel]

yea thst

[Louisb]

Sorry about that.

Michie is a piece of crap, but unfortunately that is the best the Secretary of State can offer to get TN law.

One can not even find a real site for michie, I guess I would hide too with the quality of work they produce.

Does anyone have the language as stated in the latest bill since michie seems to post history, NOT news.

Previous incorrect information dropped from post.

Will update when I can find the wording in the new legislation that I can post verbatim.

Edited September 16, 2010 by TCLouis
additional info

[Oh Shoot]

Sorry about that.

Michie is a piece of crap, but unfortunately that is the best the Secretary of State can offer to get TN law.

One can not even find a real site for michie, I guess I would hide too with the quality of work they produce.

Does anyone have the language as stated in the latest bill since michie seems to post history, NOT news.

I believe this is the final version:

------------------------

SENATE BILL 3012

By Jackson

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13; Section 57-3-204 and Section 57-4-203, relative to permitting or prohibiting the carrying of firearms in certain places.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-1305, is amended by deleting the section in its entirety.

SECTION 2. Tennessee Code Annotated, Section 39-17-1321, is amended by deleting subsection ( and by substituting instead the following:

( It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and

(2) Consuming any alcoholic beverage listed in subdivision (1) of this subsection (.

©

(1) A violation of this section is a Class A misdemeanor.

(2) In addition to the punishment authorized by subdivision (1), if the violation is of subsection (a), occurs in an establishment described in subdivision ((1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

SECTION 3. Tennessee Code Annotated, Section 39-17-1359, is amended by deleting the section in its entirety and substituting instead the following:

(a)

(1) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.

(2) The prohibition in subdivision (1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351.

(

(1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.

(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited.

(3)

(A) If a sign is used as the method of posting, it shall contain language substantially similar to the following:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.

( As used in this section, “language substantially similar to” means the sign contains language plainly stating that:

(i) The property is posted under authority of Tennessee law;

(ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; and

(iii) Possessing a weapon in an area that has been posted is a criminal offense.

© A building, property or a portion of a building or property shall be considered properly posted in accordance with this section if one (1) or both of the following is displayed in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited:

(i) The international circle and slash symbolizing the prohibition of the item within the circle; or

(ii) The posting sign described in this subdivision (3).

©

(1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.

(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).

(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.

(e) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.

(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.

SECTION 4. Tennessee Code Annotated, Section 39-17-1351, is amended by inserting the following between the fourth and fifth sentences of subsection (e):

Beginning September 1, 2010, and thereafter, a component of the classroom portion of all department approved handgun safety courses shall be instruction on alcohol and drugs, the effects of those substances on a person's reflexes, judgment and ability to safely handle a firearm, and the provisions of § 39-17-1321.

SECTION 5. Tennessee Code Annotated, Section 57-3-204, is amended by deleting subsection (e) in its entirety.

SECTION 6. Tennessee Code Annotated, Section 57-4-203, is amended by deleting subsection (k) in its entirety.

SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring it.

[Fallguy]

Sorry about that.

Michie is a piece of crap, but unfortunately that is the best the Secretary of State can offer to get TN law.

One can not even find a real site for michie, I guess I would hide too with the quality of work they produce.

Does anyone have the language as stated in the latest bill since michie seems to post history, NOT news.

Funny you should mention the TN Secretary of State. If you go to their website Tennessee Department of State: Publications you can see what bills have become law and their final version.

Just click on Public Acts Search and you can go from there.

I think what OS posted is correct, but if you go to the SoS website you can see the final version, including signatures, veto notes etc......

Here it is Public Chapter 1009