On the Restaurant Lawsuit
People are asking me if the chancery court has jurisdiction over the whole state. I don’t know. Researching and asked a few of my legal correspondents and am awaiting an answer. Being a court of equity that settles disputes, this makes little sense.
Update: According to a former judge acquaintance, this ruling is not applicable anywhere but the county. Unless it is upheld by another court (which it won’t be), then it becomes case law.
Update 2: The TN Dept of safety advises that it is not the law anymore. Not sure if that’s an interpretation or some sort of ruling. So beware out there.
November 20th, 2009 at 7:32 pm
The TN Department of Safety Handgun Carry Permit Website at http://www.tennessee.gov/safety/handgunmain.htm currently says:
“On November 20, 2009, the Davidson County Chancery Court held that the law allowing Tennessee handgun carry permit holders to carry their handguns into establishments serving alcohol was unconstitutional. As a result, the prior law which prohibited all persons from carrying firearms into establishments serving alcohol is back in effect.”
November 20th, 2009 at 10:02 pm
The AG that represented the state in this case told me the law was struck down, effective today.
November 20th, 2009 at 10:09 pm
“Well, I guess it’s safe to eat in TN restaurants again.”
November 20th, 2009 at 10:22 pm
Yeah, I hate it when I find one of those pesky Berettas hidden in my steak. They’re kinda chewy.
November 21st, 2009 at 2:32 am
Has the whole world gone crazy?
November 21st, 2009 at 11:21 am
Ordinarily, a trial court judgment only binds the parties to the case. However, if the case involves the validity of a statute and the losing party is the state, the law is struck down statewide unless the state wins on appeal.
November 21st, 2009 at 12:57 pm
Wasn’t the allegation that those of us who exercise our Article I, Section 26 RIGHT a “public nuisance”?
Did they present evidence to demonstrate us guilty beyond a reasonable doubt.
IF I were Govenor, I would simply announce that in accordance with my oath to the Tennessee Constitution and specifically the enumerated RIGHT cited above, that I would NOT enforce this ruling. You know, I think they call it “checks and balances”. But then we don’t have a Govenor who goes by the WORDING of the Constitution or else, he would not have vetoed this law pursuant to Article I, Section.
November 21st, 2009 at 12:57 pm
..Section 26
November 21st, 2009 at 6:14 pm
I don’t think the Governor has a say in the matter. Local DAs determine if charges get filed or not.
November 22nd, 2009 at 10:43 pm
ParatrooperJJ – can’t the TN Governor use pardon powers? Or is that not an option in TN?