Guns In Bars Loophole
Dread asserts that according to Tennessee Codes Annotated section 57-5-106(a) that Metro Nashville can pass an ordinance instructing its Beer Board not to grant licenses to establishments that serve beer and allow guns. Establishments serving only wine and/or liquor would be safe because they are state regulated.
Sounds like a good way to get the state involved in preempting beer regulations.
June 4th, 2009 at 1:56 pm
Funny thing about that: The law prohibiting carry in establishments that serve alcohol only applied to establishments that serve alcohol.
In Tennesse State Law, beer is not alcohol. Neither is wine. The Tennessee Firearms Association has a link on their website to an Attorney General’s opinion on this issue.
So the city council wouldn’t be restoring a limitation, they’d be adding an additional one that didn’t exist before.
June 4th, 2009 at 1:59 pm
If Nashville does that, then I would suggest gun owners there start a little campaign of their own. Start a very professionally designed and calm (no anger at the owners since they are caught in a legal bind) website steering gun owners to bars/restaurants that don’t serve beer. Emphasize the need for not only everyday Nashville residents, but also should the NRA choose Nashville for the 2014 meeting (looking very likely), 60,000+ people near the convention facilities need to know where to spend their money.
June 4th, 2009 at 2:31 pm
Tennessee’s beer/wine/liquor laws are so jacked up, it would take forever to figure all this out.
Revamp and simplify the laws concerning intoxicating alcoholic beverages completely. It’s the only way to be sure.
June 4th, 2009 at 4:31 pm
Commenters at the tennessean’s politics blog are suggesting such a move would violate preemption statutes: http://blogs.tennessean.com/politics/2009/metro-council-members-eyeing-guns-opt-out/
Also, Charlie Tygard is saying he would support Dread’s measure because he doesn’t want restaurants posting unwelcoming signs. The problem, of course, is that Dread would REQUIRE the properties post those unwelcoming signs.
June 4th, 2009 at 10:29 pm
A simple and practical plan would be for bars and restaurants to quit serving beer. Period. Just not serve it. How long before the city authorities caved to the brewery and distributorship interests who have supported them previously? Not long I wager.
Isn’t is always comical how often their “principles” are abandoned in the interests of their pocketbooks?