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Guest CrazyLincoln

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Guest CrazyLincoln

Ok, this may be a little out there, but I'm thinking hypothetically.

I remember some places had "private" clubs so they could serve alcohol in dry counties and such.

WELL.... I was wondering, if some restaurants that serve alcohol became "private" clubs (i.e. you pay $10 for a membership card) could you carry in those "clubs"? (Provided 51%+ revenue was from food)

That way if you wanted wine or a beer with dinner, leave your gun at home, but if you just want a meal, no need to disarm.

I know this defeats the purpose since it still doesn't make the ever convenient Chili's or Applebee's any more accessible, but hey, it would make a point.

I vote we open Club TGO. The $114 (or whatever) fee you pay to the state is your membership fee. :);)

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Guest CrazyLincoln

Such a club would not be open to the "public"...

39-17-1305

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.

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Good question, I realy don't know for sure. As worded it seems you may be right. As you noted "clubs" can sometimes do things that are otherwise against the law and are not open to the general public.

Where I live is a dry county, but a private club can sell liqour by the drink and the Elks Club does just that.

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Guest bluecanary25

I don't drink in public, anymore....

and while I enjoy the chance to get the ole lady liquored up,

I wouldn't recommend drinking and carrying.....

If there is a situation, your target wobbles too easily... :surrender:

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I don't drink in public, anymore....

and while I enjoy the chance to get the ole lady liquored up,

I wouldn't recommend drinking and carrying.....

If there is a situation, your target wobbles too easily... :surrender:

That and you might have a little trouble deciding which one of your target you should be shooting at.

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39-17-1305

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.

I have an interesting loop hole for you guys on this law. Here in Ktown strip clubs that offer completely nude dancers can't serve alcohol. However, you can bring your own alcohol and they make you pay a fee for bringing it in. Since they are not serving, carry would be legal there unless posted otherwise.

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would be the safest club in town!and I dont think he means get "ntoxicated" just a drink maybe two beers max as a club rule.

plus we all know its not the middle one "fallguy" its the one on the left for right handed,and the right for left handed people....duhhh:drool:

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It would not seem illegal to carry a handgun at a private club, such as a country club that requires membership and serves alcohol. The law does not make it illegal to carry a handgun and drink, just illegal to be 'under the influence'. The problem with the law here is the carrying a handgun under the influence does not have a numeric amount like DWI blood alcohol content. I am curious how the courts interpret in Tennessee being under the influence. My guess is someone who cannot control their actions well is under the influence, not having a drink or two with a meal.

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Guest CrazyLincoln

Well, you could still get intoxicated, just leave the gun at home if you're gonna have more than a couple. If some idiot tried to rob the place the DD and the rest of the club got the drunk guy's back. :)

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I am curious how the courts interpret in Tennessee being under the influence. My guess is someone who cannot control their actions well is under the influence, not having a drink or two with a meal.

My guess would be that it’s just like it is in some states where there is a “Presumption†for DUI; .08, .10, whatever. You can be charged with DUI at BAC levels less than those but the state must convince a Judge or Jury you were intoxicated or impaired. It is usually used when there is an accident with serious injuries or death.

I would guess it would be up to a jury.

The issue of guns and alcohol is a common sense one. Is Tennessee ever going to allow carrying where liquor is served? Not a snowballs chance in … well, I just doubt it will ever happen.

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There was a discussion either on another thread or another forum, can't remember where now, as to what constituted "under the influence".

The general thought seemed to be it would be up to the officer's discretion, just like "Public Drunk or Publis Intoxication". That is the problem most people had with it "officer's discrestion". What if he didn't like you? Also according to the law that let's a LEO carry 24/7, they can not even consume alcohol period when armed or be under the influence. T.C.A. 39-17-1350©(2)

39-17-1350. Law enforcement officers permitted to carry firearms — Exceptions — Restrictions — Identification card for corrections officers.

© The authority conferred by this section shall not extend to a law enforcement officer

(2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance

So I wouldn't be surprised if a LEO thought...if it's good enough for him it's good enough for Joe HCP holder.

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The "officer's discretion" pretty much sums it up. ONE slurred or mispoken word, ONE stumble, with the smell of alcohol on your breath, and you can be toast. I am old, and very hard of hearing. I occasionally stumble, mumble and mispeak. I haven't had a drop in many years!

If you are driving, and cross the center line after having ONE BEER, you can be charged with DUI. As an interesting note, 12 out of 20 sober folks CANNOT pass a field sobriety test. I know I can't. I can't recite the alphabet backwards, and cannot walk a straight line (old injuries, and clumsy)!

And,,, don't vomit on the nice officer's shoes! LOL

In my never to be humble opinion, ANY consumption or use of a mood altering substance while carrying is a CARDINAL SIN. If you are going to protect your life or the life of a loved one, you owe it to yourself and them to be at your absolute best.

The main reason we cannot carry in a serving establishment is because the powers that be do not trust us to be in such a place and NOT drink!

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Guest tlooney

Yes, it would probably be legal, but, as soon as you opened the door someone would notice and the General Assembly would go into melt down. How dare you attempt too exercise your constitutional rights as a free American. You can't even carry in a private business that post the Gun Free Zone sign such as Govnors Square Mall in Clarksville, TN where one drive by and two rapes have occurred.

It isn't a matter over making our own place to have a good safe time it is a matter of removing from office those individuals that feel they can infringe upon our rights. Get out and vote and get other people too vote that don't.

________________________________________________________

Gun free zones make security slack.

It lets crooks and nuts know.

You can't shoot back.

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