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Latest on restaurant carry bill

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RickTN

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Tennessee Right-to-Carry Reforms Moving Through Legislature!



Friday, January 18, 2008




Senate Bill 23sponsored by State Senator Doug Jackson (D-25), allows a person who has a valid Right-to-Carry permit to carry a firearm into restaurants where alcohol may be served, as long as the permit holder is not consuming alcohol or is not otherwise prohibited by posting provisions. This important Right-to-Carry reform passed the State Senate by a vote of 24-6 on Wednesday, January 16.

Law-abiding permit holders should not be denied their right to self-defense simply because they choose to dine out with friends or family.

SB23 now heads to the House for its consideration.
 
T

tonyparson

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i sure hope this go through. its getting harder and harder to find good places to eat that doesnt sell alcohol
 
C

crotalus01

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I am all for the bill but have a clarification question - does that include "bars"? I don't know if Tn law makes a distinction between a "bar" and a "restaraunt" since to be able to serve alcohol you must also serve some kind of food (even if it is just popcorn in the case of the New Daisey on Beale St)...

Anyone know a definitive answer?
 
Kingfish

Kingfish

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crotalus01 wrote:
I am all for the bill but have a clarification question - does that include "bars"? I don't know if Tn law makes a distinction between a "bar" and a "restaraunt" since to be able to serve alcohol you must also serve some kind of food (even if it is just popcorn in the case of the New Daisey on Beale St)...

Anyone know a definitive answer?
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The original bill would make no distinction.

There was an amendment passed on the senate version where the new law only applies to places deriving 50% or more of income from food.

Bill
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0023.pdf


As ammended
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0830.pdf
 
Kingfish

Kingfish

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Wow, so sorry.

I am very surprised it passed allowing carry in "bars."

Now I am even more sceptical about it passing the House.
 
T

Tomahawk

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kingfish wrote:
There was an amendment passed on the senate version where the new law only applies to places deriving 50% or more of income from food.
Click to expand...
I always wondered about laws like this. How are you supposed to know what percentage of a joint's income comes from alcohol? Mind-reading? Maybe you should demand the establishment owner cough up his books at the door for your convenience. Maybe it's a mob front and they make 50% of their income from drugs.
 
Fallguy

Fallguy

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Well it is going to have a hard time passing in the house no matter what it said.

The reason I kept up with the amendment is because of it's wording that it would be ok to carry in place that made "50% or more from food" instead of "less than 50% from alcohol for onsite consumption" What's the difference you may ask. Well how about the bowling alley that sells beer....I doubt they make more than 50% from food...most is made from the bowling etc.... so they would make less than 50% from alcohol.

But honestly I like it better without the 50% at all. Just like Tomahawk!!
 
S

swillden

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Maybe it'll pass as-is. There are other states that allow carry in bars, but prohibit carrying while impaired. That seems workable to me. In Utah, since they don't define what "impaired" means, you can carry in a bar but you'd better not drink. Of course, I don't know anything about TN politics.
 
Fallguy

Fallguy

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Thanks swillden.

TN also prohibits impaired carry. T.C.A. 39-17-1321

However this bill as written prohibits an armed person from consuming alcohol period while in the establishment.

As far as TN politics, the problem is the Speaker of the House, Jim Naifeh(Check link).As speaker he already has the committees stacked in his favor, if it appears a bill may stillpass in acommitteehe can choose to sit in and vote on any bill in any sub-committee or committee at anytime, he can even prevent a bill thathas passed through all committees from going to the house floor for a vote.

I can't find a link to the article now, but he said he would make a "that day decision" as to whether to vote on this bill or not in the sub-committee. Basically I take that to mean if he knows he has the votes to kill it, he won't bother if he doesn't or he's not sure he'll be there.
 
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nauss

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No, they put a "51" on the door.



There is a Federal law prohibiting alcohol consumption already

so the State laws are there so they can choose Federal or State

charges on you. :lol:
 
Fallguy

Fallguy

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nauss wrote:
No, they put a "51" on the door.



There is a Federal law prohibiting alcohol consumption already

so the State laws are there so they can choose Federal or State

charges on you. :lol:
Click to expand...

Can you post the federal law?

As of now TN does not have a law that says you can't drink while armed only that can't you be under the influence. T.C.A. 39-17-1321

This bill as written would prevent consumption while armed within a place that serves alcohol for onsite consumption.
 
N

nauss

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Fallguy wrote:
nauss wrote:
KBCraig wrote:
nauss wrote:
There is a Federal law prohibiting alcohol consumption already :lol:
Click to expand...
Penalty flag!
Click to expand...

While carrying a firearm



Comment??
Click to expand...


Ever locate the federal code?
Click to expand...


Unfortunately, no. I searched the cornell source and it is like finding a needle in a stack of turds.

They make it so hard to find the laws in which we are governed. How do they expect us to be lawful?



Answer: They don't want you to know the law.

Back to the subject. I'll have to ask one of my friends in the industry soon.
 
Fallguy

Fallguy

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I really don't mean to be argumentative, it's just as I said I don't think it is a federal law. If it was, why would so many states have laws that address it? I wonder if it is one those things that gets started and because it sounds somewhat reasonable gets spread as the truth...or it was at one time and is not now.

Just like many still believe it is illegal to carry in a big rig per national DOT, it isnot...if you havepermit it depends on whether each states recognizes your permit. Of course your trucking company could ban them in their trucks if they chose to.
 
N

nauss

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Fallguy wrote:
I really don't mean to be argumentative, it's just as I said I don't think it is a federal law. If it was, why would so many states have laws that address it? I wonder if it is one those things that gets started and because it sounds somewhat reasonable gets spread as the truth...or it was at one time and is not now.

Just like many still believe it is illegal to carry in a big rig per national DOT, it isnot...if you havepermit it depends on whether each states recognizes your permit. Of course your trucking company could ban them in their trucks if they chose to.
Click to expand...
style="BACKGROUND-COLOR: #ffffff"
Click to expand...

Might very well be the case.

On a seperate note, states enact their own set of laws in redundant situations.

The reason is that they can choose to charge you in Federal court OR state court.

My sister was a state prosecutor and this is what she says.

You want to be charged in state court because Federal jail-time is day for day.

State jail-time is actually up to them. You can get out sooner. Not in Federal. You are screwed.
 
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