Visiting Tennessee and hoping to get specifics on carrying

Ruiner · Apr 10, 2008

imported post

According to usacarry, your state honors my Indiana permit, and it seems Tennessee you can open carry.

I'm going to be staying at a hotel, and probably going to a couple resturaunts here and there for the 3000GT/Stealth National Gathering ( a week long race event ) that is taking place in memphis...

What are the restrictions on open carrying / carrying in general there.

In Indiana we are lucky, and just schools, gov't buildings, and a few other things are off limits, but everything else is game, including resturaunts that serve alcohol.

( Can you carry in applebees, chili's, etc... or because they serve shots at the bar that is separate from the eating area is it banned? )

Thank for the input, I really appreciate it. I just want to make sure I'm in the right. I hate to screw up and have a cop get on my case about it.

Fallguy · Apr 11, 2008

imported post

There are no greater restrictions on OC as opposed to CC.

There are basically 5 places off-limits.

1.) Places that serve alcohol for onsite consumption. So if a restaurant serves alcohol at a bar or with meals, you can't carry anywhere inside the building at all.

2.) A room where a judicial proceeding is taking place.

3.) Schools (Can be left in car)

4.) Public parks, civic center and recreational property and buildings. (Can have in car)

5.) Any place with a sign posted per 39-17-1359. The sign must reference 39-17-1359 and can not be just a Gun & Slash sign. However a properly posted sign does carry the weight of law and if you violate it, it is $500 fine.

crotalus01 · Apr 11, 2008

imported post

Just to add to Fallguys post, the no gunsign by law has to be there, but if it's not and the manager of the building or propertyyou are in/on asks you to leave you have to leave or you can be charged with criminal tresspass.

Ruiner · Apr 11, 2008

imported post

That sucks about not being able to carry wherever alcohol is served. That restricts just about every resturaunt except fast food.

Thanks for the heads up. I'll have to keep an eye out for the signs. I may just conceal carry so there isn't any issues, but I'd like to open carry here and there while down there.

Fallguy · Apr 11, 2008

imported post

Ruiner wrote:

That sucks about not being able to carry wherever alcohol is served. That restricts just about every resturaunt except fast food.

Thanks for the heads up. I'll have to keep an eye out for the signs. I may just conceal carry so there isn't any issues, but I'd like to open carry here and there while down there.

Yep....and you can thank one person for that. The Speaker of the House Jim Nahfieh has set in on house sub-committee and voted for the last several years to kill a bill that would allow you to carry inrestaurant that serves alcohol.

I admit that is one reason I don't OC more than I do, some property owners may be more likely to ask you to leave if you OC than CC and they don't know. Just sort of depends on where I am going and what I need to do.

Have a great trip!!

Kingfish · Apr 13, 2008

imported post

Fallguy wrote:

4.) Public parks, civic center and recreational property and buildings. (Can have in car)

Not doubting you but I don't see an exception allowing car carry on recreation property.

[align=justify]39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —[/align](a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or 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.

Fallguy · Apr 13, 2008

imported post

kingfish wrote:

Fallguy wrote:

4.) Public parks, civic center and recreational property and buildings. (Can have in car)

Click to expand...

Not doubting you but I don't see an exception allowing car carry on recreation property.

[align=justify]39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —[/align](a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or 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.

You have to go down to sub-part (b)(1)(G)(iv)

(b) (1) The provisions of subsection (a) shall not apply to the following persons:

(G) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications:

(iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner.

There is actually a whole list of exceptions in subpart (b)(1)(A)-(H) I just chose to mention the one about cars. ...and to be technical it really does only say for picking up or dropping off passengers, not if you stay to eat a picnic. Although if you leave it in there and give no cause to haveyour searched not sure what the problem would be or you could also unload it and you should be ok....but IANAL.

There is also a lot of disagreement among folks, including lawyers, as to whether 39-17-1311 applies to handguns. Since the statute refers to a list of weapons in 39-17-1302(a), of which a handgun is not one. But there are two AG opinions 07-148 & 08-26 that says it is, so when I usually refer to it being illegal, although personally I don't think it is.

Kingfish · Apr 13, 2008

imported post

Fallguy wrote:

kingfish wrote:

Fallguy wrote:

4.) Public parks, civic center and recreational property and buildings. (Can have in car)

Click to expand...

Not doubting you but I don't see an exception allowing car carry on recreation property.

[align=justify]39-17-1311. Carrying weapons on public parks, playgrounds, civic centers and other public recreational buildings and grounds. —[/align](a) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), not used solely for instructional, display or sanctioned ceremonial purposes, in or 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.

Click to expand...

You have to go down to sub-part (b)(1)(G)(iv)

(b) (1) The provisions of subsection (a) shall not apply to the following persons:

(G) Also, only to the extent a person strictly conforms the person's behavior to the requirements of one (1) of the following classifications:

(iv) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner.

There is actually a whole list of exceptions in subpart (b)(1)(A)-(H) I just chose to mention the one about cars. ...and to be technical it really does only say for picking up or dropping off passengers, not if you stay to eat a picnic. Although if you leave it in there and give no cause to haveyour searched not sure what the problem would be or you could also unload it and you should be ok....but IANAL.

There is also a lot of disagreement among folks, including lawyers, as to whether 39-17-1311 applies to handguns. Since the statute refers to a list of weapons in 39-17-1302(a), of which a handgun is not one. But there are two AG opinions 07-148 & 08-26 that says it is, so when I usually refer to it being illegal, although personally I don't think it is.

I of course agree that 1311 does not apply to handguns however...

This law is enforced against handguns and unless you are dropping someone off or picking someone up YOU ARE BREAKING THE LAW.

Fallguy, I agree with alot of and appreciate most of your advice but I am going to have to disagree with you on this point. Advising someone to just keep it hidden when they know they are doing something an officer will arrest them for is not the best advise and simply unloading does not cover you. A weapon must be unloaded and out of reach with ammo separate.

Fallguy · Apr 13, 2008

imported post

kingfish wrote:

I of course agree that 1311 does not apply to handguns however...

This law is enforced against handguns and unless you are dropping someone off or picking someone up YOU ARE BREAKING THE LAW.

Fallguy, I agree with alot of and appreciate most of your advice but I am going to have to disagree with you on this point. Advising someone to just keep it hidden when they know they are doing something an officer will arrest them for is not the best advise and simply unloading does not cover you. A weapon must be unloaded and out of reach with ammo separate.

Not my advice...just my opinion.

I probably should have been more specific in my original post about parks and cars and more clear as to what was my opinion in my response to your post.

crotalus01 · Apr 20, 2008

imported post

Thanks Jimmy Naifeh! I understand you have just completed your very own CCW! I hope you are (never)in a situation where your weapon is in the car trunk because you are eating in a place that serves alcohol for consumption on premises and some nutjob opens up with a semi-auto. I hope you (never) have to experience the feeling of helplesness that you would have avoided by being armed if only the law would have allowed...:cuss:

Johnyt101 · May 12, 2008

imported post

I will be visiting TN next week and I have a PA permitt so I know I can CC. Chances are it will be hot so it might be more comfortable to OC. I guess the real question is how accostomed are people in TN to OC? If I open carry will I most likely get stopped by some police officer who is not aware that a carry permitt is good for both OC and CC, or will I be fine like I have been with my OC experiences in KY?

Fallguy · May 12, 2008

imported post

Johnyt101 wrote:

I will be visiting TN next week and I have a PA permitt so I know I can CC. Chances are it will be hot so it might be more comfortable to OC. I guess the real question is how accostomed are people in TN to OC? If I open carry will I most likely get stopped by some police officer who is not aware that a carry permitt is good for both OC and CC, or will I be fine like I have been with my OC experiences in KY?

OC is not a very common practice in TN in my experience, but it is done.

Most LEO's know that both OC and CC is legal in TN, but not all. There was an incident at Wal-Mart in Knoxville not too long ago. It is very likely if a LEO seesyou OCing he will ask to see your permit though.

As far as people in general go, it seems for the post part no one really notices, but there are always some that do.

Hope you have a great visit!

kurtmax_0 · Jun 4, 2008

imported post

How do you know a place serves alcohol without going inside and looking at the menu? Most places don't post menus outside...

LeagueOf1291 · Jun 4, 2008

imported post

kurtmax_0 wrote:

How do you know a place serves alcohol without going inside and looking at the menu? Most places don't post menus outside...

You might not know without checking, but the law charges you with the knowledge -- so you need to find out before you enter the premises with your gun.

It's a bad law. You need to defend yourself in an alcohol-serving establishment at least as much as you do in one that doesn't serve alcohol.

Fallguy · Jun 4, 2008

imported post

Many places have their menu online though.

Even those that don't usually have a phone number you can find and can call to see if the serve alcohol.

......but just to say, I've never been frisked before going to any restaurant.

falcon1 · Jun 5, 2008

imported post

kurtmax_0 wrote:

How do you know a place serves alcohol without going inside and looking at the menu? Most places don't post menus outside...

Now, this is available (note it may not include locations that serve beer only, which would still be illegal for OC/CC, IIRC):

http://www.state.tn.us/abc/LBD%20LICENSES%2005302008.pdf

I asked Ms. Shari Danielle Elks, the Executive Director of the Tennessee Alcoholic Beverage Commission, to add this to the state ABC website specifically for Tennessee (and other) permit holders, and she agreed to do so.

Gunslinger · Jun 6, 2008

imported post

kurtmax_0 wrote:

How do you know a place serves alcohol without going inside and looking at the menu? Most places don't post menus outside...

I always thought you guys had a lot of dry counties. Isn't the one where BlackJack is distilled dry? VA had OC only, in places with dram shop licenses; CO has no restrictions at all. Of course, my wife gets mad at me if I carry when we go to a nice restaurant...

Fallguy · Jun 6, 2008

imported post

Yep, the county that the Jack Daniels is in is a dry county. But...the legislature passed a law that allows them to sell "gift" bottles on the premesis.

...and Yes there are many dry counties in TN, but in this case "dry" refersmore to packageliquor not beer or liquor by the drink. Don't know of any county that doesn't allow beer sales. ...and carry is illegal in places that serve beer for onsite consumption as well.

Visiting Tennessee and hoping to get specifics on carrying

Ruiner

Regular Member

Fallguy

Regular Member

crotalus01

Regular Member

Ruiner

Regular Member

Fallguy

Regular Member

Kingfish

Regular Member

Fallguy

Regular Member

Kingfish

Regular Member

Fallguy

Regular Member

crotalus01

Regular Member

Johnyt101

Regular Member

Fallguy

Regular Member

kurtmax_0

Regular Member

LeagueOf1291

Regular Member

Fallguy

Regular Member

falcon1

Regular Member

Gunslinger

Regular Member

Fallguy

Regular Member