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Is it legal to carry into a liquor store?


Guest OGMCVilleTC

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Guest OGMCVilleTC

May seem like a dumb question but I stopped by the liquor store last night on my way home from work. I was going to have some friends and family over and decided some spirits may be in order. I have frequented this same store on multiple occasions carrying before. There are no signs posted at all. My cousin and myself were standing in line and the lady behind the counter very aggresively and rudely asked if I had a permit for "that thing". I calmy and politely replied I in fact did have one. She then told me it was against the law for me to be in possession of the firearm inside a liquor store. This was news to me as everything I have read doesn't indicate such. She then proceeded to berate me on how I need to know the laws along with two other patrons (I guess that were trying to get her phone number as she was attractive). Anyways is it legal to carry into a liquor store. I don't want to break the law and am curious. Did she know what she was talking about or am I right in carrying inside. also if I am right should I contact the owner of the store and inform him of misinformed employee and her rude behavior?

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Guest OGMCVilleTC

Guess I will just inform them of the law and take my business else where. The only reason I stopped there is because of its location to my home which is just a hop, skip, or jump away. Ill just go to the one I have always gone to which is friendly towards my carrying. Thank you for your time.

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Guest Lester Weevils

I'm not debating open carry versus concealed, but I personally would rather conceal carry in a "possibly tense" place like a bank or liquor store at night. It just gives the employees one less thing to worry about. The liquor store employees don't have an especially stress-free job, depending on where the store is located. Could add evening convenience store employees to the possible "high-stress" list.

Also, if somebody asks you to leave then you should leave, posted or not. I believe the law requires you to leave if requested. And it is always good to keep good relations and not get in heated disputes over trivial stuff. Maybe I would get confused and not elegantly handle the case of being "berated" for carrying where it is legal, because of the clerk ignorance. But I would try to politely offer to leave if she didn't want my money, and attempt to have a calm discussion correcting her factual error. If a calm discussion was not possible and I was not able to "rise above" being annoyed, would most likely just start using another liquor store unless MAYBE (at a later time) try discussing the issue with the owner.

Edited by Lester Weevils
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Guess I will just inform them of the law and take my business else where. The only reason I stopped there is because of its location to my home which is just a hop, skip, or jump away. Ill just go to the one I have always gone to which is friendly towards my carrying. Thank you for your time.

If you are going to take your business elsewhere, I would not bother informing them of the law. That could make them post - which only affects other HCP holders.

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There used to be, and may well still be an ABC requirement that package stores be posted. If that wording is displayed still it carries no force of law.

I was in ten liquor stores today and none of them had the outdated signage so maybe abc did away with it.

As others have stated there is no law making carry there illegal.

The clerk was totally mistaken.

If I was you I would just let it go.

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Go back in while she is working and have her call the Police. Just in case you get an Officer who doesn't know the law I would have a copy in my pocket. It would be fun to watch knowledgeable officers tell her that she should learn the law!

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Guest OGMCVilleTC

I did leave the store and did not get into an arguement with her. I am aware that if I am asked to leave then I have to leave. Just sucks as it is so close to my house. Haven't had a problem anywhere else. Maybe I should just get a new holster that more easily conceals my sidearm. That is the only bad experience I have had there. Enjoyed the other people that work there. Have even met the owners. Couple nice indian guys. Ill figure somethng out. all the responses are great and I can see this is a helpful online community and look forward to picking some more brains or helping if I can.

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Guest OGMCVilleTC

It was Favorite Liquors on Madison St. I talked to the owner and he said it was fine. He would handle the situation and would appreciate it if I would keep doing business there.

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Guest OGMCVilleTC

Ive never had a problem either at Caddys or Pals. Glad to see the owner of favorite liquors is supporting my right to carry. If it changes I will be sure to update everyone on the status.

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It was Favorite Liquors on Madison St. I talked to the owner and he said it was fine. He would handle the situation and would appreciate it if I would keep doing business there.

That is awesome. Always good to hear of a gun friendly business.

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There used to be, and may well still be an ABC requirement that package stores be posted. If that wording is displayed still it carries no force of law.

I was in ten liquor stores today and none of them had the outdated signage so maybe abc did away with it.

Many many threads about this. They did away with it 2 years ago, did away with whole statute regarding both the crime AND the posting, but some ABC guys were still telling stores it had to be posted.

They had verbiage like this:

ABC.jpg

Last time I noticed, the Walgreens on Cumberland has one on front door to this day.

- OS

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Walgreens would not have reason to have any ABC signage. They can't sell wine or spirits, only beer.

Beer sales are under a different umbrella.

The sign you posted may be some leftover from the beer board.

Mike there used to be same type sign in liquor stores, beer outlets, and both beer only and liquor bars, because it was a state law that you couldn't carry anywhere booze was sold, for onsite or off site consumption.

Though the HCP negated it, it was a separate offense from simply going armed for those without a permit, predated the HCP process, and that law was only repealed along with the final version of "bar carry" law revision a couple years ago. Matter of fact, when HCP was first issued it was still an offense to carry anywhere it was sold even for permit holders, but that got changed to okay for off site consumption outlets only, which was the way it stayed until the "bar carry" change.

The state statute mandated the signage, so really didn't have anything to do with ABC or beer boards rules. Even though the state doesn't license beer stuff, the law applied in beer only selling points of both on and off site consumption. The ABC though, is the agency that had some reps keep erroneously insisting the signage had to stay.

Point is, NObody has to post such a sign anymore under any agency's jurisdiction, because there's no longer any law against doing it.

- OS

Edited by OhShoot
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If you want a copy of where the law changed, it is here http://state.tn.us/sos/acts/106/pub/pc1009.pdf

39-17-1305 was completely repealed. 57-3-204(e) and 57-4-203(k) were deleted.

39-17-1305 was the law that prevented carry where alcohol was served for "onsite consumption". Many years ago it was illegal to carry where alcohol was sold period but that changed in 2001 http://www.tn.gov/sos/acts/102/pub/pc0345.pdf

57-3-204(e) and 57-4-203(k) were the laws that required the signs like in the post by OS to be posted. (One was for places where it was sold, the other for places where it was served for onsite consumption).

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One store owner said his insurance company required them to post the out-dated sign about fines if caught carrying in the store. He knew the law, was fine with HCP owners shopping while carrying, just frustrated by the insurance company.

Sent from my iPad using Tapatalk

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Carry concealed or better yet, leave your gun in the car when you go inside. It's ok......I personaly feel that if they don't want me to carry while inside....I'm more than willing to let the "bad guy' put a knife to their throat and rob them...that's on them, less of a worry to me...."be careful what you ask for".....

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