The man in a restaurant, broadcasting his gun, was left in his vehicle

Anyone who knows me personally or watches my social media platforms will know I am a pro-gun advocate of the Second Amendment. Though we all benefit from the Bill of Rights, I am particularly fond of our Second Amendment – the right to bear arms. Especially since it is not contra-Scriptura as are some other Amendments. I would also like to see gun-grabbing agencies, such as the ATF, abolished. And the repeal of various restrictions on guns and ammunition.

One of the many things I love about Tennessee is that we are known as “The gun state.” But we’re not as free as I’d like. Though we may be a CCW state, we still have too many restrictions, such as unconstitutional gun-free zones.

Having said that. I am disappointed that my great state of Tennessee, sadly, leads the Nation in stolen guns from motor vehicles. The cause of this is twofold. 1) Gun laws restrict us from concealing firearms inside certain locations. 2) The gunowner who chooses to comply leaves their firearm in their motor vehicle. And the gun thieves love that negligent combo.

And now to the title of this blog post.

Yesterday, while out of town, I enjoyed lunch at a restaurant. Though I was not drinking, this restaurant also serves alcoholic beverages. As I sat on the dining side of the restaurant, I noted a man and his guest sitting in a booth next to me. He clearly was wearing an exposed holster on his right hip. Though I’m not a fan of open carry. His holster was empty. Why? I can only assume the why, but I suspect it is because of this Tennessee law – Criminal Code § 39-17-1321.

In summary, this law states that, unless properly posted “No guns allowed,” a citizen can legally conceal a firearm inside a bar or restaurant. But they cannot consume alcohol if in possession of a firearm. If you choose to be bored with that Criminal Code, you can read it below in the notes. ¹

So, I reverted back to my undercover LAPD VICE Cop days working ABC violations inside bars and placed him under fixed surveillance. And soon, the most likely answer to my question “why” came. The waitress handed him a clear glass. More specifically, it was a lowball tumbler or rocks glass consistent with serving liquor on the rocks. And of course, I observed a clear amber liquid over ice in the glass. I then watched the subject use his right hand (his gun hand) to lift the glass, place it up to his lips, and take a drink from the glass.

Back in the day, when working bars. My task was to grab the drink and secure it as evidence. That was easy if it was a minor for consumption, but if it was a man obviously inebriated who liked to fight, that required some skill.

In this case, I simply saw this as a Kodak moment and snapped photographs for this blog post (see below). However, I see no beneficial purpose to display his face.

.

I’m not judging the man for drinking alcohol; that’s his liberty to do so. But I want to seize this opportunity to further educate the public on how wrong this gun restriction is.  

Active criminals and gun thieves already know that a large percentage of vehicles in Tennessee irresponsibly have firearms in them. And this man clearly had no firearm in his holster. We can only assume that because of this unconstitutional, restrictive gun law, his firearm was left in his vehicle. To add insult to injury, this man could not monitor his vehicle from where he sat.  

The moral of this story is, don’t leave your gun in the car. In many ways, it is tactically unsound and unsafe for our community. In summary. The man (or woman) with no gun is a soft target. The man displaying an empty holster is broadcasting “I am unarmed,” or worse, “I left my gun in my car!” And, in Tennessee, the shooter who shoots you or someone else probably stole the firearm from an unattended vehicle. Train well and be a Sheepdog, be a tactician.

1. Tennessee Code Title 39. Criminal Offenses § 39-17-1321
   
   Current as of January 02, 2024 | Updated by Findlaw Staff
   (a) Notwithstanding whether a person has a permit issued pursuant to § 39-17-1315 or § 39-17-1351 or § 39-17-1366, it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue.
   (b) It is an offense for a person to possess a firearm if the person is both:
   (1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a), or beer, as defined in § 57-6-102, are served for consumption on the premises; and
   (2) Consuming any alcoholic beverage listed in subdivision (b)(1).
   (c)(1) A violation of this section is a Class A misdemeanor.
   (2) In addition to the punishment authorized by subdivision (c)(1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351 or § 39-17-1366, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.
   
   Source: https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1321.html ↩︎