Like you and me, only better
Some Tennessee cops were decommissioned and placed on leave after carrying their guns in a bar (while off duty and drinking):
Undercover police detectives Ernest Cecil and Ulysses Hernandez had their guns and badges taken and were placed on administrative duty.
A bouncer for Club Hurricane, located on Second Avenue North, called for uniformed police officers after he bumped into Cecil and felt Cecil’s gun. Cecil identified himself as a police officer. The bouncer asked Cecil to leave the bar but he refused. That’s when the bouncer called for uniformed officers.
It is illegal for anyone to carry a weapon inside a bar. That includes police officers unless they are “on-duty and acting in their official capacities,” Police Chief Ronal Serpas said.
If that was me or you (and we weren’t drinking), we’d be in jail.
December 10th, 2004 at 9:57 am
Those guys deserve more than just admin leave. However, saying that, there have been times when I was off duty, walking heeled, and went into a bar, only to realize that I needed to go back out to the car for a few minutes to divest myself of the iron.
December 10th, 2004 at 12:39 pm
Uncle:
Would we be? I don’t know what the punishment provided is for Class A Misdemeanors, but according to 39-17-1307, that’s what the offense would be. Even for possession while under the influence (39-17-1321) is Class A Misdemeanor. If my understanding is correct, the maximum penalty for this would be less than a year in prison, and I don’t think mere possession (particularly for a first offense) would get you that. Apart perhaps from the initial arrest, I’d be surprised if there were prison time. But then, I’m not a lawyer.
December 10th, 2004 at 12:48 pm
I did say jail and not prison.
December 11th, 2004 at 1:43 am
IANAC and I have no commentary or opinion but I do have an anecdote for you.
In Ireland Special Branch detectives carry a breifcased smg as well as a personal choice of sidearm.
Holiday time and a pal in the branch and I were meeting in the city after work so we could make our way two counties over to meet a larger group of revellers.
With little time to spare and a ways to go I guess not all of the required disinvestiture was correctly applied by my pal.
We made haste to the pub where we had ararnged to meet and our gang had swelled somewhat when some mild & harmless horseplay broke out.
In the midst of a minor melee , my pals weapon (a sig sauer) suddenly skittereed a full 10 meters across the hardwood floor. The sight of such a weapon(in ireland uniformed police are unarmed)was enough to drop a stony silence on the entire place.
My pal disentagled himself from the scrum and made straight for the door stooping midstride to retrieve his weapon and left. Never have I seen someone sober up so utterly, so quickly.
Yeah , he shouldn’t have had it with him while drinking and yes I’m cognisant of the dangers involved. But the dedicated professionalism I had come to respect on this guy does make me feel that sending him to jail, or even reporting him, would be wrong.
December 11th, 2004 at 3:39 am
The article says it is illegal for off-duty cops to carry in a bar. What they don’t say is that every time they stop off for lunch or dinner in a restaurant that has a bar (like the now-defunct family restaurant Applebee’s) they are breaking the law. We have to leave ours unprotected in the car.
Double standards.
December 11th, 2004 at 7:27 pm
I thought TN passed/amended a law stating one could carry in a rest. (or gas station) that served alcohol as long as they didnt drink?
December 11th, 2004 at 7:30 pm
If they did then it was a case of the law accepting and officially sanctioning what has long been standard practise as near as I can tell.
December 11th, 2004 at 9:11 pm
In Texas, we have a 51% provision: if the establishment derives more than 51% of its income from ON-PREMISE consumption of alcohol, firearms are prohibited. The TABC (Texas Alcholic Beverage Commission) has jurisdiction here, and is responsible for establishments posting the signs (very noticible RED-letter “51%” signs). Just because a restaurant serves alcohol, it doesn’t mean concealed carry is prohibited. It’s a fairly-well measured means of distinguishing “bars” from restaurants. Nonetheless, there is abuse here – some stores (hippie-owned “whole-food” stores) have asked for and received 51% signs, ostensibly because they serve wine on-premise. They’ve been called on this BS, but we just let them know where we stand by not spending money at such places.
Incidentally, the 51% rule allows you to carry in such places as liquor stores. The “on-site consumption” clause is key here. It’s illegal to drink alcohol on the premises of package liquor stores. Go figure.