Restaurant Carry - Tennessee - Stories From The States - OpenCarry.org

OpenCarry.org - Discussion Forum > Stories From The States > Tennessee > Restaurant Carry

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aka_caleb
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Has the new law passed and if so, when does it go into affect? I can't find any confirmed information on that. I eat out for every meal, lazy single guy, and every restaurant here seems to serve alcohol, so I'd like to know how soon till my life is simpler.

Fallguy
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The bill has passed the House and Senate and been sent to the Governor, but he has not signed it yet. If he does not sign it or veto it within 10 days (except Sundays) of it getting to his desk (done 5/19/09) it will become law without his signature.

The effective date is June 1

You can see the bill's status page here

aka_caleb
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Thanks, I appreciate it.

With the way it is now, if the venue is age restricted you cannot possess a firearm, right? I can't tell if that was amended or not.

Fallguy
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NP.

The final version that was passed was Senate Amendment 1, see here. It removed both the curfew and age-restricted venue restrictions.

So basically it is a "clean" bill, the only restriction is you can not be consuming and it only applies to restaurants as defined in the bill/amendment.

However my understanding is 99.9% of the places that can serve liquor by the drink have a restaurant license and would be considered a restaurant as defined in the bill/amendment.

aka_caleb
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Thanks again. I'm not too good at understanding all that stuff. I swear they put it together to confuse the lay man.

Fallguy
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LOL...I hear ya. Been following this and a few other bills and my head is still hurting. Some days I had to just check the status at the end of the day, couldn't take watching the video...

WillJitsu
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I checked the status page and it shows:

Vetoed by Governor. 05/28/2009

So is this law effectively dead?

Fallguy
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WillJitsu wrote: I checked the status page and it shows:

Vetoed by Governor. 05/28/2009

So is this law effectively dead?

No...it will go back to the legislature. In TN it only takes a simple majority to override his veto.

He said he expects it to be overridden, even said the majority of communications to his office were in support of him signing it, but he still vetoed it.

Anyway...one news report said it could be overridden as soon as next week.

WillJitsu
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Excellent. Glad to hear that. Thanks!

jmelvin
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Good luck to you Tennesseeans getting the veto overridden! Although I'm not in Tennessee often, I'll certainly be tempted to travel that way more than through the states directly to my south (NC & SC) when planning vacation.

Abock33
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Any News on the Restaurant Carry? We are leaving tomorrow for Deals Gap and staying in Pigeon Forge for the weekend. What's the story on whats going on?

Fallguy
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Sen Jackson giving a VERY passionate pro speach right now.

Vote should be shortly.

Fallguy
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It has passed!!

However because it didn't pass until after the orginal effective date, it has to wait 40 days before becoming effective. Will be effective July 14

Abock33
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good to know. Thanks

tnroadrunner
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Sen. Jackson gave a great speech. I'm so proud to call him my state senator. My state House Rep. Tidwell also voted to override Gov's veto.

MT GUNNY
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can some one post the text of the bill? Im in the middle of Educating Fox news that its not a Bar Carry bill!

Fallguy
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MT GUNNY wrote: can some one post the text of the bill? Im in the middle of Educating Fox news that its not a Bar Carry bill!

From http://www.capitol.tn.gov/Bills/106/Amend/SA0204.pdf

SECTION 1. Tennessee Code Annotated, Section 39-17-1305(c), is amended by adding the following language as a new, appropriately designated subdivision:

(3)

(A) Authorized to carry a firearm under § 39-17-1351 who is not consuming beer, wine or any alcoholic beverage, and is within the confines of a restaurant that is open to the public and serves alcoholic beverages, wine or beer.

(B) As used in this subdivision (c)(3), “restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be served at least five (5) days a week, with the exception of holidays, vacations and periods of redecorating, and the serving of such meals shall be the principal business conducted.

39-17-1305(c) gives a list of people that are exempt for the general prohibition of the carry of firearms in places that serve alcohol for onsite consumption.

Last edited on Fri Jun 5th, 2009 05:26 pm by Fallguy

Fred
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The report I heard on the radio said the bill included carrying in a bar as well. Could be wrong but either way its a good win. Looking foward to carrying when I eat out.

Fallguy
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Fred wrote: The report I heard on the radio said the bill included carrying in a bar as well. Could be wrong but either way its a good win. Looking foward to carrying when I eat out.

Well TN law does not have a definition of a "bar" anywhere in it. So for legal purposes, there is no such thing as a bar in TN.

So there are probably a few places that some may consider a bar, but that would still meet the definition of a "restaurant" as provided in the new law.

MT GUNNY
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Thanks "Fallguy"

GWbiker
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Fallguy wrote: Fred wrote: The report I heard on the radio said the bill included carrying in a bar as well. Could be wrong but either way its a good win. Looking foward to carrying when I eat out.

Well TN law does not have a definition of a "bar" anywhere in it. So for legal purposes, there is no such thing as a bar in TN.

So there are probably a few places that some may consider a bar, but that would still meet the definition of a "restaurant" as provided in the new law.
I wonder if your new Tennessee restaurant law allows only CC with permit??

NRA is down here coercing Arizona Politicians to compromise with the restaurant association to modify our SB1113 to mandate CC only! Conceal Carry is kinda' uncomfortable in Arizona when we're wearing shorts, sports shirt and summertime temps are near 110 degrees.

We're trying to politely tell the NRA to f*ck off! :cuss:

Pol Mordreth
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GWbiker:

Current TN law is that a permit is required for ANY carry, and that open carry is allowed. The restaurant bill doesn't require carry either way, as long as you have a permit.

Regards,

Pol

1swellguy
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Fallguy wrote: It has passed!!

However because it didn't pass until after the orginal effective date, it has to wait 40 days before becoming effective. Will be effective July 14
Great news. Congrats Tennessee!

Now I guess OpenCarry.org needs to update the Restaurant Carry map to show TN allows it.

Task Force 16
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Just heard on Channel 2 Nashville that the officials opposing this new law, and looking for ways to circumvent it, have conceded that there's no point in fighting it. The councilman interviewed sited the possible legal repercussions that could cost Metro tax dollars they don't have to waste in law suits.

Now, to see which establishments want our business and who doesn't. :celebrate