Guns in "bars" law

[Tenifer17]

I hear this and I hear that but cant find the proper TCA that covers it . My question is this : Can a Tn handgun Carry Permit holder carry their handgun in a place that serves alcohol if the place doesnt have a sign prohibitting guns and as long as the person doesnt drink alcohol ?

Yes or no ? Thanks in advance . And if you know the TCA code please let me know what it is , thanks !

[Romad7]

In my recent CC class they said yes.

[enfield]

That's the way I understand it.  Don't have a citation though.

[Dolomite_supafly]

Tenn. Code Ann. § 39-17-1321
 

TENNESSEE CODE ANNOTATED
© 2012 by The State of Tennessee
All rights reserved
*** Current through the 2012 Regular Session ***
Title 39 Criminal Offenses
Chapter 17 Offenses Against Public Health, Safety and Welfare
Part 13 Weapons
Tenn. Code Ann. § 39-17-1321 (2012)

39-17-1321. Possession of handgun while under influence -- Penalty.

(a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.

(b) It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and

(2) Consuming any alcoholic beverage listed in subdivision (b)(1).

(c) (1) A violation of this section is a Class A misdemeanor.

(2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

[itchytriggerfinger]

I'm sure one of our resident experts will step in, but if you read 39-17-1321(b), it states both conditions must be met, which means you have to be in a place that serves alcohol AND you are consuming.

 

no gun buster + you no drink = ok to conceal carry

[Punisher84]

Hard for me to believe people still don't know that law. Mean, no offense by that, but a couple years ago you couldn't log on here without 50 threads on it passing lol That was as big here in TN as the AWB ban is now nationally.

 

Long story short, yes you can carry in any non-posted establishment that serves alcohol as long as you are not drinking, yourself.

[Tenifer17]

Thanks everybody !

[Oh Shoot]

... no gun buster + you no drink = ok to conceal carry

 

Or open carry.

[daddyo]

Hard for me to believe people still don't know that law. Mean, no offense by that, but a couple years ago you couldn't log on here without 50 threads on it passing lol That was as big here in TN as the AWB ban is now nationally.

 

Long story short, yes you can carry in any non-posted establishment that serves alcohol as long as you are not drinking, yourself.

 

Not to mention all the negative press it got.

[tartanphantom]

Not to mention all the negative press it got.

 "Blood in the Streets! Blood in the Streets!"-- I believe that's what all the nanny-state crowd was saying...

[Guest MiniGunGal]

I'm happy the topic was "re-raised," as I wasn't living in the state a couple of years ago, and I was under the impression that you could NOT carry concealed drinking or not.  That was the big issue - leaving your weapon in the auto so someone could steal it while you were inside enjoying yourself or being designated driver.

 

So thanks to everyone for clarifing for me!  Now I'll fell much more comfortable carrying and drinking soda, water, etc.  Cheaper to drink at home anyway! 

 

Tenifer17 - thanks for raising the question, as I would have continued going unarmed and a potential victim!

[daddyo]

 "Blood in the Streets! Blood in the Streets!"-- I believe that's what all the nanny-state crowd was saying...

 

Gail Kerr of the Tennessean was the head cheerleader for this. I wrote her about a year after the law was passed, asking her where all the reports were of "blood in the streets" and "shootouts in bars". All I got was crickets.

[Guest Cami]

Gail Kerr of the Tennessean was the head cheerleader for this. I wrote her about a year after the law was passed, asking her where all the reports were of "blood in the streets" and "shootouts in bars". All I got was crickets.

That is all you will get from "Pravda on the Cumberland" as I like to call them...I guess I still miss "The Banner'.

[JayC]

There are police officers who still think it's against the law to carry into a store that sells beer, and that law was changed 10 or 15 years ago.

 

Hard for me to believe people still don't know that law. Mean, no offense by that, but a couple years ago you couldn't log on here without 50 threads on it passing lol That was as big here in TN as the AWB ban is now nationally.

 

Long story short, yes you can carry in any non-posted establishment that serves alcohol as long as you are not drinking, yourself.

 

[robbiev]

There are police officers who still think it's against the law to carry into a store that sells beer, and that law was changed 10 or 15 years ago.

 

There are police officers that still think open carry is illegal in any circumstance, and will still to this day insist that the TN permit is a concealed permit.

 

No matter how well known something is, there will almost always be someone who thinks it's wrong, unfortunately.

 

Speaking of, I just saw this:

 

http://godfatherpolitics.com/9301/legal-gun-carrier-arrested-for-carrying-gun/

 

Relevant to my comment:  the article states that in 2011 the law in FL was changed to say that brief accidental exposure is not illegal.

Edited February 5, 2013 by robbiev