Restaurant Carry

[Guest benchpresspower]

Quick question:

My wife is wanting to go to a restaurant in Murfreesboro tomorrow, The Omni Hut. I've never been there but found out through others it is BYOB (bring your own beer). According to law, I cannot carry into a place that sells alcohol for on premises consumption. Would a BYOB place be included in this or is this a loophole? Given, I don't plan on drinking.

[TGO David]

If it's not sold, it's not against the present wording of the law as I understand it. I would go with deep concealment and make sure you're not printing just to be safe.

[Guest bkelm18]

The law does not mention the word "sold", it just says "served". So I guess it really depends on what the definition of "served" is.

39-17-1305. Possession of firearm where alcoholic beverages are served. —

(a) It is an offense for a person to possess a firearm within the confines of a building 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 on premises consumption.

( A violation of this section is a Class A misdemeanor.

© The provisions of subsection (a) shall not apply to a person who is:

(1) In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution; or

(2) On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1.]

[Fallguy]

bkelm18 is exactly right about the "served" as opposed to "sold".

IMO though if you are bringing it yourself, it is not being served to you. Just remember IANAL nor did I sleep at a Holiday Inn Express last night...

[Guest bkelm18]

But then you get back to the discussion of: the law doesn't specify who is serving who. Technically speaking, you would be serving yourself... :P

[Fallguy]

LOL...ok ok

But seriously...I have read enough AG opinions that he says if something is not defined within the statute then you look to the common meaning of the word.

Looks like most of the relevant definitions I see refer to one giving something to another.

http://www.google.com/search?hl=en&q=define%3AServe

[Guest bkelm18]

Yeah I pretty much interpret it as them serving you.

[Fallguy]

If only our opinions counted.....lol

[TGO David]

Deep concealment.

[Mike.357]

I have not been to one of thse BYOB places before. Do you keep it on you table the entire time or does the facility keep it for you until you want another?

If they keep it for you I believe it would be the same as serving it. If you keep it with you then they are not serving.

[Guest canynracer]

The ones I have been too, you keep it with you

[Guest nraforlife]

Send an email to Naifeh for his opinion

[Volzfan]

Send an email to Naifeh for his opinion

And tell him for me to kiss my a**!

[Fallguy]

Deep concealment.

+1

I have not been to one of thse BYOB places before. Do you keep it on you table the entire time or does the facility keep it for you until you want another?

If they keep it for you I believe it would be the same as serving it. If you keep it with you then they are not serving.

I would agree with that as well....

[shaftbass]

If you owned a J-frame you wouldn't have had the need to post this thread

[Guest nraforlife]

And tell him for me to kiss my a**!

+1

[Guest Todd@CIS]

My opinion is that your legal to carry at OmniHut...provided you're not drinking.

Also, IMO, this is the #1 thing that needs to be changed in the TN HCP law. If my wife and I go to a restaurant that serves, and she's not drinking, I see no reason why she has to disarm.

[Volzfan]

Does anyone know if this is scheduled to come back up before the legislature any time soon?

[Fallguy]

Does anyone know if this is scheduled to come back up before the legislature any time soon?

The new legislative session will not start till January.

[Guest bkelm18]

I'm sure Naifeh will do everything he can to get it scuttled again.

[Volzfan]

The new legislative session will not start till January.

Is there anyone that is going to get this revived? Do you know what the HB# and SB#"s were?

[Angus]

My opinion is that your legal to carry at OmniHut...provided you're not drinking.

Also, IMO, this is the #1 thing that needs to be changed in the TN HCP law. If my wife and I go to a restaurant that serves, and she's not drinking, I see no reason why she has to disarm.

Ditto.....the DD or non-drinker should be allowed to carry IMHO.

As far as serving yourself, well then I am soooo guilty of a class A mis. every weekend I guess....that would be my defense anyway....heh

[Fallguy]

Is there anyone that is going to get this revived? Do you know what the HB# and SB#"s were?

The bill to remove the restrictions for HCP holders is SB0023/HB0702

The bill to remove the restrictions for LEOs is SB3853/HB3622

I'm really not familiar with the procedure of a bill that has been sent to a summer study committee. Also since this January will be the start of new legislative session....the bills may have to be reintroduced from scratch. But if not it is up to the sponsor of each bill to put it on the calendar to be heard in whatever committee it is in.

[Volzfan]

The bill to remove the restrictions for HCP holders is SB0023/HB0702

The bill to remove the restrictions for LEOs is SB3853/HB3622

I'm really not familiar with the procedure of a bill that has been sent to a summer study committee. Also since this January will be the start of new legislative session....the bills may have to be reintroduced from scratch. But if not it is up to the sponsor of each bill to put it on the calendar to be heard in whatever committee it is in.

Thanks!

I think that it is time for us all to begin contacting our elected House and Senate representatives and let them know how we stand and that we want this to come to a vote next session if that is possible. It looks like the Senate passed it and was only waiting on the House. It looks like it passed the House on a voice vote and that A**hole Naifeh was the one who killed it.

I am going to start emailing and faxing my legislators and I hope that EVERYONE here will do the same. There is a link below where you can find your Representative and Senator. I would recommend that we contact Naifeh too. Anyon living in his district should really pound him on this and also work to get him kicked out. I know that has been tried before but try again!!!

http://www.tennesseeanytime.org/officials.html

[Guest UofM Matt]

Just wrote both my Representative and my Senator:

"I am writing in hope that at the beginning of the new legislative session you will work to make changes to the law which prevents the carrying of firearms into an establishment which serves alcohol for on-site consumption. The law as it is now prevents law-abiding citizens from protecting themselves while dining in nearly every major sit-down restaurant. I eat out quite often without consuming alcohol and I disarm as the law requires. I would venture to guess that criminals do not, leaving my family and me at risk. Anytime a legally carrying, law-abiding citizen is disarmed, criminals are protected. Please work to remedy this."

I found myself complaining alot about it and doing nothing. Time to step up.