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Tennessee Firearms Assoc. Inc. • View topic - Another legal question

Another legal question

We have 20,000+ laws and regulations to be concerned with - most in possible derivation of the Second Amendment

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Another legal question

Postby David » Fri Oct 27, 2006 3:38 am

A few weeks ago I decided to go to Tunica and give the casinos some money. On my way out I realized I had my gun on me. I decided I better leave it behind because when I go to the casinos, which isn't often, I take advatage of the free drinks. They take my money at the tables, I make it back at the bar! :D

Anyway, I realized I really hated driving that far and in that part of town unarmed, but I'm not sure what the laws are on this. I'd much rather go and NOT drink, as opposed to leaving my gun at home again.

Of course I'm not driving myself and the driver doesn't drink at all so there's no DUI there, but what about the gun? Was I right to leave it behind or does the law simply say it cannot be carried into places that sells alcohol by the drink?

If I do have it with me, in the glove box or something, and I've had a few drinks am I breaking the law?
David
 
Posts: 61
Joined: Wed Apr 12, 2006 9:35 pm
Location: Memphis

Alcohol/Guns

Postby ProguninTN » Tue Oct 31, 2006 4:32 pm

Are you referring to MS Law or TN Law and are you referring to carrying a gun into the establishment, or in your vehicle ?

If you are referring to the establishment, both MS and TN prohibit carrying into establishments which serve alcohol for on-site consumption.

MS Code Section 45-9-101
http://www.mscode.com/free/statutes/45/009/0101.htm

TN Code 39-17-1305
http://198.187.128.12/tennessee/lpext.d ... in.htm&2.0

Additionally, regardless of whether you have a HCP, you are prohibited from carrying a weapon while under the influence in TN.

TN Code 39-17-1321
http://198.187.128.12/tennessee/lpext.d ... in.htm&2.0

ProguninTN
ProguninTN
ProguninTN
 
Posts: 397
Joined: Wed Nov 30, 2005 1:55 pm
Location: Middle TN

Postby David » Thu Nov 02, 2006 5:38 am

I meant carrying in my car. I don't go to casinos or bars often and I know you can't carry into these places. I'm really not much of a drinker so I don't want anyone to think I'm a boozer out drinking and carrying a gun around.

Sometimes things can happen and you can end up places that you don't plan for, so I was mainly curious about the laws after you leave these places.

Thanks for the reply.
David
 
Posts: 61
Joined: Wed Apr 12, 2006 9:35 pm
Location: Memphis

DRINKING = Not allowed to carry at all

Postby Ed__357 » Fri Nov 03, 2006 1:23 pm

I believe the law says you may NOT carry a gun at all if you are under the influence. And in a court of law, you can bet the prosecutor will argue that "Under the Influence" does not mean drunk. The law does not specify such words as "Drunk, messed up, High, Intoxicated, or passed out." Under the influence can simply be one drink or even one sip. So if you plan to drink at all, leave the gun at home. And if carrying a gun and protecting yourself is more important, forget the drinks.
Ed__357
 
Posts: 70
Joined: Sun Jul 27, 2003 6:48 pm
Location: Franklin, Tn

Postby David » Sun Nov 05, 2006 6:50 pm

My thoughts exactly. ;)
David
 
Posts: 61
Joined: Wed Apr 12, 2006 9:35 pm
Location: Memphis


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