Congratulations are in Order

As SayUncle pointed out yesterday, the Memphis Commercial Appeal had their panties in a bunch because the NRA lobbyist for Tennessee was actually, you know, lobbying. Now they give us some idea why they were so upset: she flipped the votes of 9 lawmakers. Great work Heidi!

Lawmakers wanted to float a 51% type bill. Those of you from Texas know what this is, because Texas is a 51% state when it comes to establishments that serve alcohol. What that means is if the establishment derives more than 51% of its revenue from alcohol, you can’t carry there. Most states that adopt this have posting requirements, so you’re not required to go get e financial statement before entering a restaurant, but I’m not aware whether the proposed Amendment that Heidi defeated contained a signage requirement. The obvious problem with this is there are pubs that do serve food that nonetheless are defined as “bars” because they don’t sell enough of it. The bill Heidi helped pass basically doesn’t mess with what is a bar and what isn’t, and just allows carry provided you’re not drinking.

Tennessee passed a restaurant carry law last year, but it was vague, since it allowed carry in restaurants, but not in bars, even though Tennessee had no statutory definition of a bar.

4 thoughts on “Congratulations are in Order”

  1. Michigan has the 51% rule, and NO posting requirement. Which makes 0% sense.

    Open carry with a CPL is legal in a >51% bar though.

  2. Washington prohibits carry in the “no minors allowed” sections of establishments that serve alcohol. You’re okay to eat at restaurants which serve alcohol, but you must stay out of the portion marked “no minors allowed” if there is one.

    Given the typical floor plan at places like Applebees, this leads to a wildly amusing situation where restaurants are concerned. A lot of times, a restaurant places its bar in the center of a large open room, with booths around the outer edges for family seating. The bar area is designated with a little waist-high divider wall, and that’s it. You’re legal sitting in the outer edges of the room, and you can easily carry on a conversation with people in the bar because you are, after all, in the same room with them — but the center part of the room is off-limits to you.

    Madness, but amusing madness.

    Of course, that law is not so amusing for a designated driver with friends who want to shoot pool at a real bar, however. You can be sober and alert and all those other good things, even the one really in charge of keeping the group safe when it is time to walk out to the car, but that doesn’t matter to the nanny staters. You’re in a bar, you must be drunk and irresponsible. No carry for you!


  3. Trivia note on Texas’s 51% law —

    The 51% determination is part of the Alcoholic Beverage Code. If an establishment makes over 51% of its revenue from alchohol, it is supposed to display a RED sign that has a big 51% on it. Below 51%, they have a blue sign (or no sign in practice, it seems).

    The Penal Code says CHL’ers not supposed to carry in a 51% establishment. However, there is NO requirement there that the CHL’er be notified by a sign. If a 51% establishment fails to put up the sign required by the Alcoholic Beverage Code, a CHL’er who enters while carrying is still guilty of breaking the law in the Penal Code. (!) Occasionally some non-51% establishments put up the wrong (red) 51% sign. The only way to be sure is to check the actual license, which will say “sign=blue” or “sign=red” on it.

  4. Good for the NRA (and I might have thrown up just a little ;-)!

    I hope that the NRA decides to refund Rep McCord his life membership fee.

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