Tennessee AG Answers
Folks kicked around idea of local municipalities banning weapons in restaurants. Someone asked the TN Attorney General. He says no:
No. While municipalities have broad discretion to regulate the sale of beer through the permit process as described in Tenn. Code Ann. § 57-5-106, a local ordinance banning “any person” other than on-duty law enforcement officers from possessing a firearm in an establishment with an on-premises beer permit is not the regulation of the sale of beer, but rather is a local regulation pertaining to the possession of firearms and is therefore prohibited by Tenn. Code Ann. § 39-17-1314(a).
June 16th, 2009 at 3:53 pm
Look for local government to tell law enforcement to go ahead and harass those carrying guns in restaurants anyway, and to let the gun carriers defend themselves in court.
After Texas changed the state law about “carrying in a car while traveling” here, specifically to stop such harassment by local police, the Houston DA told the officers to continue arresting folks with legal guns in their cars.
This issue has worked itself out now, but it took a while, and most local DAs still want to prosecute for carrying legally in a car while traveling.
June 16th, 2009 at 8:08 pm
This is yet one more example of how, when government gets control of one thing (alcohol) they use it a a pretext to control other things. You want a beer license? Fine, ban guns first.
Just wait; when they get control of healthcare, everything under the sun will be deemed as effecting the cost of healthcare, and will be restricted accordingly.
June 17th, 2009 at 11:46 am
Oh man they are going to hate this in Chattanooga. One subordinate municipality (Red Bank) has already passed resolution for the city attorney to draft a law prohibiting all but law enforcement from carrying into “targeted locations”, i.e., parks and places that serve alcohol (for now). The city itself is moving post haste for a parks ban and trying to get the county to go along.
June 18th, 2009 at 4:54 pm
So the ordnance forbids selling/consuming beer in a place that isn’t posted gun free by its owner.