Technical Way around Restaurant Carry?

[Guest nraforlife]

SAINTSFANBRIAN, in another thread, brought up the idea about breaking a gun down into frame and slide and leaving the frame with a motorcycle and carrying the slide and magazine with you into a restaurant. Now to expand on this if a firearm were broken down so that a husband carried the slide and the wife the frame and magazine could they not go into a restaurant that served alcohol?

[Guest sling]

I could be wrong... but i would think the answer would be no.

The frame is "legally" the gun.

Someone please correct me if i'm wrong.

Edited April 25, 2008 by sling

[Marswolf]

Yeah, whoever is carrying the frame is in violation of the code.

[Guest nraforlife]

Yeah, whoever is carrying the frame is in violation of the code.

Oh, well...

[saintsfanbrian]

Nice try though. I have actually done this before. Left the frame in the car under the seat and took the slide and magazine in with me. Figured if they got the frame I still had the serial on the slide and barrel and could report it as stolen but they wouldn't get a functioning firearm.

[molonlabetn]

A black-powder pistol is legally not a 'firearm'... That would be one loophole which I could imagine.

[Marswolf]

A black-powder pistol is legally not a 'firearm'... That would be one loophole which I could imagine.

Don't tell Mike.357. He'll be waving that baby around in Applebee's/

[The Rabbi]

I think if the gun is disassembled it probably would not be considered a weapon. The frame is a gun only per ATF standards. If someone carried a frame and that alone into a restaurant I am not certain that would violate TN law.

I also think disassembling it into components is plain dumb. Try re-assembling your 1911 when someone is shooting at you at close range. I would rather concentrate on getting the heck out and/or hiding behind cover.

[Marswolf]

I think if the gun is disassembled it probably would not be considered a weapon. The frame is a gun only per ATF standards. If someone carried a frame and that alone into a restaurant I am not certain that would violate TN law.

The problem is that Tennessee code does not define the term, so I think they would drop back to the ATF definition.

[The Rabbi]

The problem is that Tennessee code does not define the term, so I think they would drop back to the ATF definition.

I dont think so. I would think it would have to be a usable weapon. Thus you can carry your gun anywhere as long as it isn't loaded etc.

[Marswolf]

I dont think so. I would think it would have to be a usable weapon. Thus you can carry your gun anywhere as long as it isn't loaded etc.

You would (reasonably) think so. But I suspect that a handgun is is the frame.

[Guest sling]

I think, as far as the law goes, a frame is a frame... I wouldnt want to be the one to push my luck. However, molon did make a valid point. A black powder gun isnt legally a "firearm." Then again, i really wouldnt want to push my luck with that either.

[Guest GUTTERbOY]

I also think disassembling it into components is plain dumb. Try re-assembling your 1911 when someone is shooting at you at close range. I would rather concentrate on getting the heck out and/or hiding behind cover.

See, there's a good reason not to carry a 1911, just in case you have to assemble it under fire.

[The Rabbi]

I think, as far as the law goes, a frame is a frame... I wouldnt want to be the one to push my luck. However, molon did make a valid point. A black powder gun isnt legally a "firearm." Then again, i really wouldnt want to push my luck with that either.

There ya go.

A frame is not a weapon. It can't be used for anything more than to bludgeon someone with.

A black powder gun is a weapon. I wouldn't recommend taking it to court.

I dont think the definitions strictly follow ATF defs.

[Guest nraforlife]

Heres the thought behind this. Legally you cannot have a firearm in the parking lot of a restaurant that servers alcohol - correct? If that is the case, and you don't want to be out without a firearm, then if you break it into slide and frame AND if that isn't considered a firearm your ok. Go into restaurant, eat but don't drink, get into car, drive off premises, reassemble firearm and go about life as usual. BS work around but at least your not unarmed nor breaking the law as long as disassembled isn't considered a firearm, if it is than well it was a thought.

[Smith]

I think the question is why? Carry or don't everything else is nonsense.

The likelihood of being exposed with a handgun runs about the same risk as disassembling and trying to argue the point. If the LEO is that bent on making a case on a weapons charge he has you either way. drawing it out in court isn't going to benefit you much.

[molonlabetn]

Heres the thought behind this. Legally you cannot have a firearm in the parking lot of a restaurant that servers alcohol - correct? If that is the case, and you don't want to be out without a firearm, then if you break it into slide and frame AND if that isn't considered a firearm your ok. Go into restaurant, eat but don't drink, get into car, drive off premises, reassemble firearm and go about life as usual. BS work around but at least your not unarmed nor breaking the law as long as disassembled isn't considered a firearm, if it is than well it was a thought.

Possession is only prohibited in a building open to the public which serves alcohol for on-site consumption. Parking lot, sidewalk out front, even on an outer deck/patio is ok technically.

[Guest sling]

Keep your guns in the car... or just dont patronize the place. Pretty easy.

[Guest 270win]

If you go to a private club where liquor is served, then legally you can carry because the public cannot enter. An example would be a country club, cocktail lounge, dinner club, VFW, masons. Some states require a restaurant/bar to have what is called a private club license to sell alcohol in say a dry county. Does TN allow private club liquor licenses in dry counties?

[Guest dotsun]

If you go to a private club where liquor is served, then legally you can carry because the public cannot enter. An example would be a country club, cocktail lounge, dinner club, VFW, masons. Some states require a restaurant/bar to have what is called a private club license to sell alcohol in say a dry county. Does TN allow private club liquor licenses in dry counties?

Masons drink? No way, I woulda joined long ago if I'd known that!

[cadillacdude1975]

Possession is only prohibited in a building open to the public which serves alcohol for on-site consumption. Parking lot, sidewalk out front, even on an outer deck/patio is ok technically.

what about a minor league baseball stadium that sells beer? im guessing off limits as well. BUT there were several off-duty cops in uniform there for security and yes they were carrying.

[Mike.357]

Quote:

Originally Posted by molonlabetn

A black-powder pistol is legally not a 'firearm'... That would be one loophole which I could imagine.

Don't tell Mike.357. He'll be waving that baby around in Applebee's/

Finally I can go out to a decent restaurant without Mars or Phantom as a chaperon!!

Seriosuly, I wonder how citing that a BP revolver is not a firearm would hold up in court.

[Fallguy]

If you go to a private club where liquor is served, then legally you can carry because the public cannot enter. An example would be a country club, cocktail lounge, dinner club, VFW, masons. Some states require a restaurant/bar to have what is called a private club license to sell alcohol in say a dry county. Does TN allow private club liquor licenses in dry counties?

You are correct about private clubs.

To answer your question....Decatur County is a "dry" county, but the Elk's lodge can serve liqour by the drink...so it can be done.

[Fallguy]

what about a minor league baseball stadium that sells beer? im guessing off limits as well. BUT there were several off-duty cops in uniform there for security and yes they were carrying.

The minor league ball park closest to me is owned by the city it is in, so it is a publicly owned recreational facility. That would make it (according to the AG) illegal for a HCP holder to carry, but not a LEO.

Also people charged with the protection of persons or property can carry in places where alcohol is served for onsite consumption.

LEO's can carry while in the actual discharge of their duties where alcohol is served for onsite consumption. So if they are there to provide security one could argue they are in performance of their duties.

[Guest CrazyLincoln]

So when are we opening Club TGO?