More on the TN Restaurant Carry Suit
I’ve talked to a few folks about the results of the suit. Of the 4 legal types I’ve talked to, three say that it’s likely not applicable state wide. One says it might be. Only enforceable in the county since a chancery court is a local court of equity. And, apparently, if it is appealed and held up by an appeals court then it would likely be statewide. So, can you carry in a restaurant that serves alcohol? I’m not sure. Seems there’s a case made either way. And if you err, you may want to err on the side of caution. After all, the TDOS has said the law is null and void.
Some are arguing that striking the law down means guns removes the misdemeanor penalty and, in essence, makes carry everywhere peachy.
Regardless, it looks like the AG will appeal and that the TN general assembly will fix it.
November 23rd, 2009 at 11:12 am
I’m going to laugh real hard if she throws out the whole law and not just the exemption portion.
November 23rd, 2009 at 11:19 am
She ONLY struck 1305(c)(3), which is the part that provides an exemption for permit holders. It applies state wide, because she ruled it unconstitutional on the grounds that it violates due process.
November 23rd, 2009 at 3:35 pm
Just to beat the dead horse a bit more: did the chancery court in its decision mention anything, anything at all, about the status of those without permits who carry concealed in establishments serving food or adult beverages?
Because those are the folks a court should try to stop stop from carrying guns, because they are carrying illegally all the time, very often for nefarious purposes.
On the other hand, the permit holders whose carrying is restricted by this decision are the ones who follow the law more than most other subsets of society.
November 23rd, 2009 at 4:50 pm
If the law is unconstitutionally “vague” as to which restaurants are bars or not, shouldn’t the onus be on changing those laws rather than restricting or denying our Article I, Section 26 right to carry arms for self-defense? That right is clearly enumerated in the Tennessee Constitution’s Declaration of Rights and is NOT “vague”.