OK how about the porch of a business

[Guest jcramin]

OK so we know:

It is an offense for a person to possess a firearm within the confines of a building 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 on premises consumption.

BUT what if I go to HOOTERS or any other place with a porch outside and I do not go into the building.

When the law states: within the confines of a building does that mean within the walls of the building OR does it mean on any part of the building ?

Does anyone know this for sure ?

J

[molonlabetn]

I've open-carried on the deck of a local Mexican resturaunt before (no encounter with law enforcement occured)... Thing is, most resturaunts which have those require you to walk thru the building in order to get to them.

If the cops got called on you, I'd say it would be very likely to end up in handcuffs and have to sort the issue out afterwards. If you're prepared to deal with that, carry on! As long as you weren't inside the building at any time, they really couldn't charge you with a weapons violation... but it probably wouldn't be below some agencies to trump up a few charges for the hell of it.

[Rightwinger]

Only as long as you hop/jump over the wood fence around said porch (weapon clatters to the ground) would that be OK.

I would say lots of Po Po would say the porch (under the overhang) was in the confines of the building. Won't try this till we get the tee totaller bill passed.

[Fallguy]

Don't know for sure....

But I would be 99% sure you would be arrested and have to argue your point to the judge not the LEO on scene.

...and like Rightwinger, unless you jump the rail, you'd have to go within the confines of a building to get to the deck. At least I did at the Hooters in Denver.

[Guest pws_smokeyjones]

Don't know for sure....

But I would be 99% sure you would be arrested and have to argue your point to the judge not the LEO on scene.

...and like Rightwinger, unless you jump the rail, you'd have to go within the confines of a building to get to the deck. At least I did at the Hooters in Denver.

I agree. I would bet that the court would rule that the porch is 'within the confines' because it is still a part of the establishment that provides food/beverage/service to the customers

[Guest 270win]

It looks pretty clear to me that you must be inside the building because of the 'within the confines of a building' clause in the statute. A deck is outside of a building because now it is the only place where people who choose to smoke can do so in this state when they eat out.

I would keep my handgun concealed and not push this one by openly carrying a 1911 with two spare magazines and the funny handgun carry permit badges!

[Guest canynracer]

the porch counts even in the legal form

Function: noun Etymology: Middle English, from Anglo-French or Latin; Anglo-French confines, plural, from Latin confine border, from neuter of confinis adjacent, from com- + finis end Date: 15th century 1plural a: something (as borders or walls) that encloses <outside the confines of the office or hospital — W. A. Nolen>; also : something that restrains <escape from the confines of soot and clutter — E. S. Muskie> b: scope 3 <work within the confines of a small group — Frank Newman>2 aarchaic : restriction bobsolete : prison

you can be withn the "confines" of the building by being on the porch...the porch is attached to the building and has rails "confining" you to the establishment...

[Fallguy]

I would say canynracer is right. Look at the self defense law.

T.C.A. 39-11-611(a)(2)

“Dwelling†means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people

[strickj]

even if a porch is not within....you still have to enter the restaurant to get to the porch or any outside seating according to tn law.the seating/porch must be closed of to the outside public at a restaurant that serves alcoholic beverages.

i am trying to find this so i can copy and post correct wording.

[DaveTN]

The intent of the law is to keep you from being served alcohol while armed with a firearm. Do they serve you on the porch? Do you have to walk through the building to get to the porch?

As with most other carry issues involving the cops; it will depend greatly on why they are questioning and disarming you. Cops don’t file charges, they just arrest you. It would be up to the DA to decide if he wanted to file charges.

[cadillacdude1975]

better to be judged by 12 than carried by 6 and that is all i will say.