Ok, I'm a little lost

[Guest Boomhower]

Can a permit holder carry into or on the premises of a business that serves or sells alcoholic beverages?

[Guest GlocKingTN]

Yes, unless it is consumed on that property. For example, the nearby 7-11 store sells it, but it can not be consumed on their property, legally! But Logan's Roadhouse (for example) serves alcohol for consumption on their property! Therefore it is illegal at Logan's Roadhouse, but perfectly legal at the 7-11 store! Understand now?

[Guest Boomhower]

The story I heard makes sense then. Do you have to carry open when entering the "7-11"?

[Punisher84]

No. The permit in TN allows you to carry openly or concealed. It is as simple as you can either carry in a place legally or not at all. There is no distinction on open or concealed.

[Guest GlocKingTN]

No. The permit in TN allows you to carry openly or concealed. It is as simple as you can either carry in a place legally or not at all. There is no distinction on open or concealed.

Exactly^^^^^^^^

[Guest Boomhower]

Ok....Is there some place that I can find a list of "Where you can legally carry" and "Where you can NOT legally carry"? I have been searching high and low to no end and can not find anything.

[Guest db99wj]

Yes, unless it is consumed on that property. For example, the nearby 7-11 store sells it, but it can not be consumed on their property, legally! But Logan's Roadhouse (for example) serves alcohol for consumption on their property! Therefore it is illegal at Logan's Roadhouse, but perfectly legal at the 7-11 store! Understand now?

Heres the beauty of the above statement. How many 7-11's (or other convenient store or gas station) vs Logan's Roadhouses' (or other family eatery's that serve alcohol.) have you heard about having an armed robbery or a shootout?

[Guest GlocKingTN]

Heres the beauty of the above statement. How many 7-11's (or other convenient store or gas station) vs Logan's Roadhouses' (or other family eatery's that serve alcohol.) have you heard about having an armed robbery or a shootout?

If my count is right, None!

[Guest EasilyObsessed]

Do the state laws prevent carry where alcohol is consumed, or malt beverages as well? In other words, if an establishment sells only beer, would carry be permitted?

I know for restaurants to serve, there is a pretty big distinction, as alcohol sales are primarily regulated by the state and beer (or any other malt beverage less than 6%) is regulated by the county or city.

[Guest jackdog]

It is my understanding that you cannot carry where alcohol is consumed.

They make no distinction as to wine beer or whiskey.

[Guest jackdog]

Hey boomhower, try this site. it has the TN code.

http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=

hopefully this will answer most of your questions. You may also want to try

http://www.packing.org/ They have a lot of good info also.

[Guest ProguninTN]

Hey boomhower, try this site. it has the TN code.

http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=

hopefully this will answer most of your questions. You may also want to try

http://www.packing.org/ They have a lot of good info also.

Particularly, see Title 39, Chapter 17, §1305

(Criminal Offenses, Offenses Against Public Health, Safety, and Welfare, Part 13: Weapons)

You will see that the state does not make any distinction between types of beverages. If any alcohol is sold on the premises for on-site consumption, then no guns.

[Guest Tracy Hightower]

It is my understanding that you cannot carry where alcohol is consumed.

They make no distinction as to wine beer or whiskey.

You may find the following TN State Attorney General opinion interesting regarding carrying a firearm where only beer is sold.

S T A T E O F T E N N E S S E E

OFFICE OF THE

ATTORNEY GENERAL

425 FIFTH AVENUE NORTH

NASHVILLE, TENNESSEE 37243

February 22, 2000

Opinion No. 00-031

Ability of Persons to Carry Firearms on Premises that Sells Beer Which Contain Five Percent

Alcohol or Less

QUESTION

Does Tenn. Code Ann. § 39-17-1305(a) prohibit carrying of a gun into an

establishment that sells beer with less than a 5% alcohol content?

OPINION

No. A court would most likely interpret the term "alcoholic beverages" in Tenn.

Code Ann. § 39-17-1305(a) to exclude beer, thereby permitting the carrying of a weapon into an

establishment that sells beer with an alcohol content of 5% by weight or less.

ANALYSIS

In 1989 the legislature changed the scope of the prohibition against carrying firearms on

premises where beverages containing alcohol are sold or served. The current version provides:

It is an offense for a person to possess a firearm on the premises of a place open to

the public where alcoholic beverages are served or in the confines of a building

where alcoholic beverages are sold.

Tenn. Code Ann. § 39-17-1305(a)(emphasis supplied). The prior version provided:

No person shall intentionally, knowingly, or recklessly carry on or about his person

while inside the confines of the building of any establishment licensed to sell beer,

wine or any other alcoholic beverage, for consumption on or off premises, any

weapon prohibited by § 39-6-1701 for the purpose of going armed.

Tenn. Code Ann. § 39-6-1717 (1988)(emphasis supplied).

When interpreting the meaning of a statute, a court cannot dismiss a change in wording which

the legislature has chosen to make to the statutory provisions. State v. Horton, 880 S.W.2d 732, 736

(Ct. Crim. App. 1994). The court must presume that there was a purpose for the legislative decision

to change the provisions of the prohibition from applying to an "establishment licensed to sell beer,

wine or any other alcoholic beverage, for consumption on or off premises" to "premises of a place

Page 2

Further, Tenn. Code Ann. §57-4-203(k) provides that persons licensed to sell wine or liquor must display a 1

sign specifying that it is illegal to carry weapons where alcoholic beverages are sold or served. Tenn. Code Ann. §§57-

5-105 and 57-5-301, which deal with the regulation of beer containing an alcoholic content of five percent (5%) or less,

do not have similar provisions dealing with the posting of a sign prohibiting the carrying of weapons. The presence of

words of limitation in one part of a statute and the absence of those words in other parts of the same statute indicates

an intentional legislative choice. State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991). The legislature has clearly

provided that in licensing of establishments which sell "alcoholic beverages" warnings concerning the possession of

weapons on the premises are required. However the legislature has not required a similar provision for the licensing

of establishments that local beer boards choose to license. The parts of a statute should be construed so that its

component parts are consistent. Cohen v. Cohen, 937 S.W.2d 823, 827 (Tenn. 1996).

open to the public where alcoholic beverages are served or in the confines of a building where

alcoholic beverages are sold."

The legislature did not provide a separate definition for alcoholic beverages in Title 39.

Courts have previously found that the terms "alcoholic beverages" and "beer" are not synonymous

under the law. Underground II, Inc. v. City of Knoxville, No. 03A01-9709-CH-00425, 1998 LEXIS

78, p. 2 (Tenn. Ct. App. February 4, 1998). "Alcoholic beverages" are specifically defined in Tenn. 1

Code Ann. § 57-3-101(a)(1) to exclude patented medicine or beer with an alcoholic content of five

percent (5%) weight or less. These distinctions between "alcoholic beverages" and "beer" existed

in 1989. When the legislature chose to reword the provisions of Tenn. Code Ann. § 39-17-1305(a),

the legislature removed the word "beer" from the statute, and did not provide a separate definition

of the term "alcoholic beverages" for the specific purposes of Title 39. Therefore, a court would

most likely interpret the term "alcoholic beverages" in Tenn. Code Ann. § 39-17-1305(a) to conform

to the definition provided in Tenn. Code Ann. § 57-3-101(a)(1). Thus the prohibition against

carrying a weapon where alcoholic beverages are sold would not apply to establishments which sell

or serve no intoxicating beverages other than beer with an alcohol content of 5% by weight or less.

PAUL G. SUMMERS

Attorney General and Reporter

MICHAEL E. MOORE

Solicitor General

WILLIAM C. BRIGHT

Assistant Attorney General

Page 3

Requested by:

Mae Beavers

State Representative

208 War Memorial Building

Nashville, TN 37243-0157

[Marswolf]

Thank you Tracy. You saved me some typing.

As a practical matter, it probably isn't an issue. It is unlikely an establishment will serve beer and not serve malt liquors, but technically it does matter.

[molonlabetn]

Yes, Tracy, thank you for posting that! I was unaware of the implications of that change, and the relevant AG opinion...

That doesn't change things for most resturaunts which serve alcohol, but most pool-halls, etc... only serve beer.

So, now there are a few less places that I have to worry about being discovered carrying in... Good news!

[saintsfanbrian]

Careful Molon - That pool hall probably serves Zima or Smirnoff Bottled Drinks or Wine Coolers. Those are ALL malt liqueur.

[molonlabetn]

Good point...

I guess I'll just keep my trap shut about that, then

[Guest db99wj]

Good point...

I guess I'll just keep my trap shut about that, then

Is that my stapler?

[saintsfanbrian]

I could burn this building down.Um - Yeah, we're gonna need you to move down to the basement.

[JW3Percent]

Yes, unless it is consumed on that property. For example, the nearby 7-11 store sells it, but it can not be consumed on their property, legally! But Logan's Roadhouse (for example) serves alcohol for consumption on their property! Therefore it is illegal at Logan's Roadhouse, but perfectly legal at the 7-11 store! Understand now?

/thread. This is completely accurate.

[molonlabetn]

Is that my stapler?

Nooo...no. This, this is my stapler. Bill told me that I, I'm supposed to have this stapler. I... I used to have my own stapler, but they took it away from me.

[robbiev]

Here are the basic places that you CANNOT carry legally.

Anywhere that serves alcohol (already discussed).

Any room where any judicial proceeding is being held.

Schools and school property. This also includes the BoE. There is a statute that allows you have a gun in your vehicle if you are on the property as long as the gun stays in the car, and as long as the gun is not "handled."

On the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, for recreational purposes. On the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.

Any property that has been properly posted.

You can also read most of the laws here:

http://www.rrmemphis.com/laws.html

[Marswolf]

http://www.rrmemphis.com/laws.html

Pretty handy page.

We might quibble about carrying in parks on technical grounds, but consensus seems to be as stated in your post. Bristol recently decided they didn't need to post their parks.

[Guest GlocKingTN]

Im kinda back and forth on the park thing myself!

[robbiev]

Pretty handy page.

Thanks!

We might quibble about carrying in parks on technical grounds, but consensus seems to be as stated in your post. Bristol recently decided they didn't need to post their parks.

In my post above, the part about the parks was simply a direct copy and paste from the law. Even though there are some differences of opinion, it seems fairly clear to me that the law translates as "any public park, playground, or civic center owned by any city, state, county, or other municipality."