I have a quick question about carry

[Guest sthorpe]

My wife and I are both carry permit holders here in TN and we were having a conversation about where you cannot carry. She remembers seeing somewhere that you can't carry in a place where alcohol is sold like a gas station or grocery store, but I've been looking all over the place and cant find that limitation anywhere. I know now we can carry in restaurants that serve alcohol as long as we are not drinking this seems the same to me. Is she right or mistaken. Thanks for your help new member, but been visiting for a while now.

[Oh Shoot]

You've been able to carry in businesses that sell beer/liquor for offsite consumption for many years, if not posted to contrary.

- OS

[Guest sthorpe]

You've been able to carry in businesses that sell beer/liquor for offsite consumption for many years, if not posted to contrary.

- OS

Wow that was a quick reply thanks! That's what I was thinking, but could not find anything for or against it so I was looking for proof to win the argument .

[Erik88]

I was told the same thing when i took my carry permit class. My instructor was an idiot.

[Bubba0031]

The only restriction is @ locations that are posted which can be true for any type of business. Otherwise you may carry where alcohol is sold for off premises consumption.

[Guest sthorpe]

I was told the same thing when i took my carry permit class. My instructor was an idiot.

Maybe thats where she heard it cause I don't remember it at all when reading through the TN law.

[Just2Honor]

You can carry in restuarants where alcohol is sold for on premise consumption too, but you cannot drink a drop. That's where a lot of confusion comes in because that wasn't always the law in TN

[LagerHead]

You can carry in restuarants where alcohol is sold for on premise consumption too, but you cannot drink a drop. That's where a lot of confusion comes in because that wasn't always the law in TN

Exactomundo. In other words carry unless it's posted. Restaurants and bars are ok as long as you don't consume.

[Guest sthorpe]

Thanks for all the reply's! Guess I'm winning the argument ( for once )

[Fallguy]

Yes...the original law was you couldn't carry anywhere alcohol was sold/served period...even gas stations.

The about 2001 I think, the law was changed that allowed carry where alcohol was sold for off-site consumption (gas stations etc...) but was still unlawful at places that served it for on-site consumption.

Then in 2009 a law was passed that allowed carry in places that served alcohol for on-site consumption that a met the definition of a restaurant as described in the law, but a few months later that law was declared unconditionally vague and voided. So then again it was illegal to carry where alcohol was served for on-site consumption.

2010 the law was passed that completely repealed the law prevented carry where alcohol was served for on-site consumption. Therefor allowing carry ANYWHERE alcohol is served for on-site consumption so long as it is not posted per 39-17-1359 and you are not consuming alcohol.

On a side note prior to the law that passed in 2010 there were still laws and ABC regulations that required places that sold for off-site consumption and on-site consumption to post signs warning of the violation of the law. The signs were not 100% correct as the wording still included off-site places. The law that passed in 2010 also removed the laws that that signs be posted. But it is my understanding the ABC has been a bit slow in changing their regulation on posting the signs. So it is possible to still see a sign that warns of the consequences of a violation of 39-17-1305, but....39-17-1305 no longer exist.

[monkeylizard]

Thanks for all the reply's! Guess I'm winning the argument ( for once )

I hope you have a comfy sofa to sleep on.....

[Guest sthorpe]

Yes...the original law was you couldn't carry anywhere alcohol was sold/served period...even gas stations.

The about 2001 I think, the law was changed that allowed carry where alcohol was sold for off-site consumption (gas stations etc...) but was still unlawful at places that served it for on-site consumption.

Then in 2009 a law was passed that allowed carry in places that served alcohol for on-site consumption that a met the definition of a restaurant as described in the law, but a few months later that law was declared unconditionally vague and voided. So then again it was illegal to carry where alcohol was served for on-site consumption.

2010 the law was passed that completely repealed the law prevented carry where alcohol was served for on-site consumption. Therefor allowing carry ANYWHERE alcohol is served for on-site consumption so long as it is not posted per 39-17-1359 and you are not consuming alcohol.

On a side note prior to the law that passed in 2010 there were still laws and ABC regulations that required places that sold for off-site consumption and on-site consumption to post signs warning of the violation of the law. The signs were not 100% correct as the wording still included off-site places. The law that passed in 2010 also removed the laws that that signs be posted. But it is my understanding the ABC has been a bit slow in changing their regulation on posting the signs. So it is possible to still see a sign that warns of the consequences of a violation of 39-17-1305, but....39-17-1305 no longer exist.

Thanks for that response. We just received our permits last year and then started to pay attention to the carry laws in the state so this was very helpful. So I guess she was partially right, just outdated.

[Guest sthorpe]

I hope you have a comfy sofa to sleep on.....

She is not THAT bad, but thats funny

[Fallguy]

I hope you have a comfy sofa to sleep on.....

In summary,

An HCP holder can carry any place that is not posted (except schools, room with judicial proceeding, etc.) as long as the holder isn't consuming alcohol.

Well technically 39-17-1321 only prevents consuming within the confines of a building open to the public that serves alcohol. It doesn't prevent consumption within a place not open to the public...or out in the open like a river bank or on the street corner (not that I would recommend it, or try it). If you are outside the confines of a public that serves alcohol 39-17-1321 only address being intoxicated then.

[Fallguy]

Thanks for that response. We just received our permits last year and then started to pay attention to the carry laws in the state so this was very helpful. So I guess she was partially right, just outdated.

LOL...yeah she was right about it at one time.... You know how gals like to live in the past sometimes....

[Guest Blackhorse1108]

Thanks for all the reply's! Guess I'm winning the argument ( for once )

Enjoy this moment my friend...as we your bretheren enjoy it with you!!