Some Clarification needed on carrying in a Restaurant.

[pattywak]

I understand that if a restaurant is posted, no carry, but I have a question regarding seating in the bar area.

This is what I found on handgunlaw.us, with the part in question in bold :

Carry in Restaurants That Serve Alcohol

YES

Note: A ―YES‖ above means you can carry into places like described below. ―NO‖ means you can’t.

Handgunlaw.us definition of ―Restaurant Carry‖ is carry in a restaurant that serves alcohol. Places

like Friday’s. Chili’s or Red Lobster. This may or may not mean the bar or the bar area of a

restaurant. But you can carry your firearm into a restaurant that serves alcohol and sit and eat

without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such

restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us

believes you should never consume alcohol when carrying your firearm. In some states it is illegal to

take even one drink while carrying a firearm. If you want further info on carrying in places that serve

alcohol check your state laws.

So for those who have more knowledge than I do, is it legal to sit in the bar area? I know it's easier to just not sit there, but in some restaurants I've been to there isn't a really definitive split between the "bar area and bar seating" from the rest of the seating.

Any help is appreciated.

[Guest WestonGray]

I believe that the first law (the one that got struck down) tried to make a distinction between restaraunt and bar. The new law (on the books now) makes no distinction between "bar" and "restaraunt" so I don't believe there is a provision for "bar areas" in restaraunts either. Others will come along with more definite information I'm sure.

Bottom line, if it's not posted, you can carry anywhere in the place. Just don't consume.

Edited October 5, 2011 by WestonGray

[Mike.357]

Sit wherever you want. Its all the same in TN. There are no bars here anyway

[pattywak]

Ah thanks for that guys. I wasn't completely sure. And I'm not sure what you mean by, "there are no bars here anyways." Care to clarify?

[Oh Shoot]

Ah thanks for that guys. I wasn't completely sure. And I'm not sure what you mean by, "there are no bars here anyways." Care to clarify?

Previous law defined "restaurant" that served alcohol, which was only place that served where legal to carry.

Current law does not define "restaurant" or "bar". All the same now, from skid row dive to 5 star dining.

- OS

[Mike.357]

Anyplace that serves alcohol for on premise consumption must derive most of their income from food sales. So it is a restaunt.

A bar is a place that may not serve food at all and makes their money from alcohol sales. This type of place does not exist in tn.

[daddyo]

Anyplace that serves alcohol for on premise consumption must derive most of their income from food sales. So it is a restaunt.

A bar is a place that may not serve food at all and makes their money from alcohol sales. This type of place does not exist in tn.

Of course, that fact didn't stop the gun haters from calling the proposed legislation the "Guns in BARS" bill.

[Oh Shoot]

Of course, that fact didn't stop the gun haters from calling the proposed legislation the "Guns in BARS" bill.

I know a bar when I find myself in one. A jar of 10 year old pickled eggs and a rack of tater chips don't make it a restaurant.

But I can carry there.

- OS

[pattywak]

Previous law defined "restaurant" that served alcohol, which was only place that served where legal to carry.

Current law does not define "restaurant" or "bar". All the same now, from skid row dive to 5 star dining.

- OS

So according to the current law, the "bars" downtown on Broadway have to post or you can carry there also? This is the first I've heard of this, I'm glad you guys come quick and correct with the information.

[Guest bkelm18]

So according to the current law, the "bars" downtown on Broadway have to post or you can carry there also? This is the first I've heard of this, I'm glad you guys come quick and correct with the information.

Yes, as has been stated, TN makes no distinction between "bars" and "restaurants". They all have to post if they want to prohibit carry.

[Fallguy]

Yes, as has been stated, TN makes no distinction between "bars" and "restaurants". They all have to post if they want to prohibit carry.

Correct. But even if there was a legal difference between bars and restaurants, 39-17-1305 was completely repealed so you can carry ANYWHERE that serves alcohol (unless posted of course).

[pattywak]

Thanks everyone for the information.

[JayC]

Anyplace that serves alcohol for on premise consumption must derive most of their income from food sales. So it is a restaunt.

A bar is a place that may not serve food at all and makes their money from alcohol sales. This type of place does not exist in tn.

That is not exactly true... first there are hundreds of special "license" classes that the legislature has made for their friends which have no such requirement. Second, a little over a year ago the legislature passed a new graduated general liquor license which allows food sales to be as low as 15% of gross sales.

[Oh Shoot]

That is not exactly true... first there are hundreds of special "license" classes that the legislature has made for their friends which have no such requirement. Second, a little over a year ago the legislature passed a new graduated general liquor license which allows food sales to be as low as 15% of gross sales.

Also, beer licenses are county by county controlled and have no food requirement, yes?

- OS

[Fallguy]

Also, beer licenses are county by county controlled and have no food requirement, yes?

- OS

...and city to city. Each County and/or city if they allow beer sells has a beer board.

As far as requirments/restrictions go...Cities (and Class B counties [metropolitan]) have a lot of leeway on what they can do. However Class A counties are limited to what is in state law. T.C.A. 57-5-106