Fallguy

Congratulations....

That is probably true..... "Alcohol, Tobacco and Firearms should be the name of a convenience store not a federal agency"

I will be out of state some in June, but I will try to make whatever place and time is picked.

Welcome

The way the Feds have any control over Firearms is when they cross state lines (interstate commerce). This bill and others in other states are just making it distinct that a firearm completely manufactured within a state and never leaves that state has not traveled in interstate commerce and therefore is not subject to any federal regulations that would apply to a weapon that has.

VA does prohibit concealed carry, but not open carry in places that serve alcohol. Also I believe you are misreading MS law. It seems to say you can not carry in a place thats primary purpose is serving alcohol. That generally means you can carry in a restaurant that serves alcohol. Both sources below say restaurant carry is legal in MS. Handgunlaw.us Map from http://www.opencarry.org/index.html

Simple fact is, restaurants make more profit when someone orders an alcoholic drink instead of a non-alcoholic drink. I think it is the responsibility of the individual to know "when to say when" so as not to be impaired when leaving. That even goes for the HCP holder who has left his handgun in the car both before and after this law.

Ah..ok Well isn't that pretty much what Jamie said in part B of his post? For some reason I though you were disagreeing with it...

Well even without this bill we could carry in National Parks in TN, if the court withdraws the injunction, since there is no law against carry in National Parks in TN. The current 39-17-1311 only addresses parks owned by a municipality, a county or the state. But this bill would clarify that it would be legal.

I have not seen any restaurants I've been to in AR or TX posted.

The class instructor sends a class roster to the state, but not the actual certificate showing you completed the class. That is given to you, the student, to take to the Dept of Safety when applying. AFAIK there is no database online or otherwise that you can access to get a copy of that certificate. Also while I don't know for sure, I doubt you could get a copy from the state. Your best bet would be as TDR suggested and contact the instructor/school where the class was taken.

Not sure I'm following exactly what you are saying....

Well the current law (39-17-1322, unaffected by this bill) says "under the influence" and this is no matter what location you are in. The AG has said you could even be charged under this in your own home. But a section of this bill takes it even further to say no consuming period while in the restaurant. If you look at the current law for LEO carry and the times they can not carry 39-17-1350©(2) says "Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance" So going by that the legislature sees "consuming" and "under the influence" as two different acts. You can still be under the influence even if you are no longer consuming. Also IMO you can be consuming but not yet under the influence enough to affect motor skills and judgement...but I doubt a LEO and/or judge would see it that way.

LOL...that's pretty good. You know...I thought about this a little more last night. So hear is another reason I wonder if maybe this was pretty close to the way the sponsor wanted to do it all along. Since most of us did watch a lot of video....we see how hard it was for the House bill, even with the restrictions, to get out of committee and passed on the floor. I'd wager to say a "clean bill" would have never got out of committee and we'd been done right there. The way it went down...it got out of committee and was passed by the house in it's form. Then the Senate could change it all they wanted to (which they did) and the entire house would vote up or down on those changes....not each little part be debated in committee where just 2-3 could kill the bill. Again...I may be giving too much credit where it isn't due....but I don't think so......just look at the park bill... The house passed the park bill for state parks. The bill for local parks has got so messed up I don't think it could ever be fixed. But now the Senate companion bill of the House state parks bill has added local parks, made it legal by default, the local government would have to vote (maybe by 2/3) to make it illegal, if they did it would have to be the whole park and they would have to post. Also carry wouldn't be limited to just "parks" as the Senate bill as amended just makes an exception under the current 39-17-1311. Now I guarantee you if current senate bill would have been the house bill it would not have made it (see history of current House local parks bill) but the house did pass a bill, and now again the Senate has amended the companion bill and if passes the full Senate the full House will vote to concur or non-concur. Instead of the details being debated in committee and it possibly being killed there. Some who may not like all the "details" of the Senate bill may still vote for it in general. Sort of like McCord didn't like removing the restriction for the restaurant bill in the house, but still voted for what was the final version of the bill.

Interesting points.....

Oh I understand....best to be on top of our P's and Q's for quite a while. But I'm not sure how the media can watch for those not following the law. Of course they can report if someone is caught and charged. But I don't see how even if they have my name the could sit and wait and watch for me to go out to eat...then sit and watch to see if I order a drink. They don't know what I look like, where I may go etc...

The bill that passed prohibits consuming alcohol period, while carrying inside the restaurant. There is also 39-17-1321 which says it's illegal to posses a handgun if you are under the influence of alcohol or a controlled substance. "under the influence" being left up to the officer to determine. Nicely's quote was about other states...in some other states you can legally consume alcohol while armed. Some of those states have a BAC level. In some the BAC is the same as a DUI in others it is lower. Nicely's point was that even in the states that allow consumption while carrying they haven't had a problem, so if TN allows carry, but prohibits consumption there should be even less chance of a problem. On macville's quote...I am like him...I believe I could go out and have a drink with dinner, armed and there not be a problem. However I know the law does not allow this.

Probably meant it would save us 10 days of knowing if it will become law or not.

Welcome

I'd bet that at least 99.9% of the guns like that in TN were transported in to TN from outside of TN making them part of interstate commerce. I don't think orange tips has anything to do with the kid that was charged in this case, I think he was charged under T.C.A. 39-17-1362 I mentioned earlier. I only linked to the orange tip code because another poster asked about it.

Not sure if this is the only bill covering that HB0770/SB0842 but doesn't look like it is moving.

SB0976/HB0716 The House has passed it's bill. The Senate bill was amended and passed in the Judiciary Committee Wednesday. It now goes to the Finance Ways and Means Committee. So if the current version of the Senate bill is what passed the whole Senate....it will be like the restatraunt carry bill in that the House will have to vote to concur or non-concur with the Senate version...and I think we all know how it goes from there.

^^^^^what he said^^^^^ This is just the first time in a while any have made it to the floor and debated in committee with a an actual chance of passing out of the committee.

Welcome