2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 13 - Weapons
39-17-1305 - Possession of firearm where alcoholic beverages are served.

39-17-1305. Possession of firearm where alcoholic beverages are served.

(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.

(b)  A violation of this section is a Class A misdemeanor.

(c)  The provisions of subsection (a) shall not apply to a person who is:

     (1)  In the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of duties as a correctional officer employed by a penal institution;

     (2)  On the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property; or

     (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 in the restaurant 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.

(d)  (1)  Notwithstanding title 57 or any other law to the contrary, no entity of state or local government is authorized, based solely upon conduct or activity that is lawful under this section or § 39-17-1359, to:

          (A)  Refuse the issuance or renewal of any permit or license to sell beer, wine or alcoholic beverages;

          (B)  Suspend or revoke a permit or license to sell beer, wine or alcoholic beverages; or

          (C)  Otherwise discriminate against the holder of, or applicant for, a permit or license to sell beer, wine or alcoholic beverages.

     (2)  As used in this subsection (d), “discriminate against” includes, but is not limited to, requiring additional information in the permit or license application, charging a higher fee, requiring additional inspections or restricting otherwise available locations.

[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 4; 2001, ch. 345, § 1; 2009, ch. 339, § 1; 2009, ch. 605, § 2.]