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Punishments for carrying in disallowed locales...


Guest Hyaloid

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Guest Hyaloid
Posted

I wanted to try, with as much accuracy as I can, to find out what we are risking when we carry in places that are disallowed by current law.

Here's what I have so far, I listed the maximum penalties for each:

CLASS A MISDEMEANOR: (11 months 29 days / $2,500)

Where alcohol is served for on site consumption (39-17-1305)

Carry weapons on public parks, playgrounds, civic centers, and other recreational building and grounds. (39-17-1311)

Possession of firearm while under the influence (39-17-1321)

Class E Felony (1-6 years / $3,000)

Carrying weapons on school property (39-17-1309)

Carrying weapons at judicial proceedings (39-17-1306)

Prohibition at certain meetings, i.e. posted property (39-17-1359):

Class B Misdemeanor (6 months / $500 fine). IMPORTANT NOTE: The statute actually doesn't seem to classify this as a Class B Misdemeanor, but states that you can be fined up to $500, which is the equivalent amount under a Class B Misdemeanor.

** note**

Please do not take the following as being antagonistic at all, I really mean this in good spirit.

**/note**

My personal reason for this was because my profession is licensed by the state, and overseen by my state board. If convicted of any felony, I AUTOMATICALLY lose my license, no appeal. Other offenses would make me likely to be fined, suspended, or put on probation.

Some responses to my desire NOT to carry where alcohol is served were surprising to me, the rolling of the eyes, etc. I could care less if others want to risk the punishments, and wish to be armed... super. For me, it has the potential to damage my image in my small community (hopefully not too much, given where I am located) and suspend my ability to run my practice (and therefore provide income for my family).

Additionally, if convicted of the Class E felony, you lose the "priviledge" of qualifying for a CHP (as it is punishable by more than one year, as I read it).

  • Applicants shall not have been convicted of any felony offense punishable for a term exceeding one (1) year;
  • Applicants shall not currently be under indictment or information for any criminal offense punishable by a term exceeding one (1) year

Anyhow, I hope you can all use this information... if there are any inaccuracies, please do not hesitate to point them out. I compiled this for myself and thought I'd share, but IANAL.
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  • Administrator
Posted

You're right... there is a tremendous risk in carrying in certain prohibited locations. All the more reason to work through the proper channels to correct stupid, narrow-sighted legislation like that which prohibits responsible, legal carry in restaurants that serve alcohol so long as you are not partaking.

Guest Hyaloid
Posted
You're right... there is a tremendous risk in carrying in certain prohibited locations. All the more reason to work through the proper channels to correct stupid, narrow-sighted legislation like that which prohibits responsible, legal carry in restaurants that serve alcohol so long as you are not partaking.

Could not agree with you more... make sure your elected officials know exactly how you feel everyone! Mine do!

Guest jackdog
Posted

I agree with getting the laws changed, but in the mean time I just do not intend to be a victim, of a political system that wants to violate my 2A rights. Are the penalties stiff, you bet they are, but getting blown away seems just a little bit worse to me. :D

  • Administrator
Posted

The only problem that I have with that is, statistically speaking, you're probably a lot more likely to get caught than you are to get blown away by someone at a restaurant. That's what makes this such a dangerous double edged sword. :meh:

Guest jackdog
Posted

Well I surely cannot argue with your logic Tungsten. Once again it all comes down to personnel beliefs and decisions. I may be totally wrong, in either case I truly hope I never find out the answer.

  • Administrator
Posted

I agree completely. If I'm able to attend the TFA meeting tomorrow night here in Nashville, I hope to speak to John Harris about this current state of affairs re: restaurant carry.

Guest Hyaloid
Posted
I agree completely. If I'm able to attend the TFA meeting tomorrow night here in Nashville, I hope to speak to John Harris about this current state of affairs re: restaurant carry.

I know you will, but please let us know what he says!

Guest Phantom6
Posted

Fortunately, laws can be changed. Don't forget, when the carry permit laws were first passed you could not carry in a convenient type market when you went in to pay for your fuel. How stupid was that? It will take encouragement and nudging of state reps to get it done. As long as I don't drink while doing so, there is no earthly reason why I should not be able to carry my pistol(s) in Ruby Tuesdays, Appleby's or wherever.

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