State Appeals Guns in Bars Decision

This afternoon December 22, 2009, the State of Tennessee filed a notice that the state will appeal the Court decision that found the Guns in Bars law invalid. There is no basis stated for the appeal.

Check back for more news as it becomes available.

Guns Headed Back to Your Bar?

Senator Doug Jackson told WSMV News that he would introduce a new bill to allow gun permit holders to carry guns into any place licensed to sell alcoholic beverages. This presumably includes restaurants, bars, and nightclubs. Guns could not be brought into "beer bars," which only have a beer permit.

What is less clear is whether owners will be able to opt out, by posting a sign or through some other process. The story suggests that owners will be able to opt out, but Senator Jackson did not address the point on camera.

We also do not know the breadth of the law. Will permit holders be able to carry guns into hotel restaurants, country clubs and venues like Fed Ex Forum and LP Field? All have liquor licenses and serve food, which seems to meet the definition articulated by Senator Jackson.

Watch the story here.

Guns and Gun will continue to update this breaking story.

The Gun Bar Conundrum

Within hours of the Guns in Bars law being invalidated, some legislators vowed to fix the law in the upcoming legislative session. The new law could be filed as early as the week of December 7.

What will the fix look like?

The simplest fix would allow guns to be carried into any place licensed to sell alcoholic beverages – including bars, nightclubs and honky tonks.

Why would the legislature legalize guns in all bars? Because conservative legislators want to avoid voting for liquor laws, particularly a law that legalizes bars by creating a liquor license for bars.

The lack of a separate liquor license for bars proved fatal to the Guns in Bars law. If the state issued a different liquor license for bars, it would be easy for patrons to know that they should leave their gun in the car. The bar license would be posted on the wall and employees could easily tell patrons that they were in a bar.

What most folks think of as bars are currently licensed as restaurants, and many fail to meet the minimum food service requirements of a restaurant. Bluebird Café, BB Kings and Tootsies all operate illegally, but no one wants to shut down these valuable icons.

The state legislature, particularly in an election year, will shy away from fixing this problem. Even if it means fixing the Guns in Bars law.

Judge Signs Order - No Guns in Bars

Today, the judge signed the order striking down the guns in bars law. It is official.

As of now, no word on whether the state will appeal the ruling. Check back for more details.

Check Your Pistol at the Restaurant Door

Minutes ago, the Chancery Court threw out Tennessee's law that allows gun-permit holders to carry guns in places that serve alcoholic beverages. The Court agreed with our position that the law is unconstitutionally vague.

As of now, the law is invalid. Gun-permit holders can no longer legally carry firearms into places that serve alcoholic beverages. The case may be appealed, and certainly the legislature will take a look at the law again when they reconvene early next year.

For restaurant and bar owners, until it is generally known that you cannot carry a gun any more, I would leave "no gun signs" posted.

A big thanks to fellow attorneys David Randolph Smith, David Raybin, Adam Dread and Tom Lee that fought with me to overturn this law.

Gun Permit Holders Not All Good Apples

As we approach the hearing that may decide whether Tennessee's Guns in Bars Law is struck down, national organizations are offering research that shows a disturbing number of gun-permit holders are also dangerous murderers. Tallied from police reports, one group reports that 8 law enforcement officers and 77 private citizens have been killed by gun-permit holders since May 2007. Chalk up 8 mass murders to gun-permit holders.

View the results, with underlying descriptions of each shooting

Most gun-permit holders are certainly not murderers, but the stats support our position that guns should not be carried into bars.

Guns Court Hearing Friday November 20

The Court date has been reset to 9 am Friday November 20, 2009. The hearing is in Chancery Court Part I, on the Fourth Floor of the Davidson County Courthouse.

The time of the hearing may change, so check back for updates.

Guns in Bars and Restaurants is Hot Topic at National Licensing Association Meeting

I spoke on a panel about gun carry laws in restaurants at the annual conference of the National Association of Licensing and Compliance Professionals in Portland, Oregon yesterday. The hot topic filled the room to capacity.

I asked for people to raise their hands if they supported lawful gun carriers being able to bring weapons into places that serve alcoholic beverages. Out of eighty-eight in attendance, only one person expressed support.

Representatives from several national restaurant chains were clearly opposed to guns in restaurants that serve alcoholic beverages. Many have restaurants in Tennessee and allow guns, but licensing professionals at the conference recognize the danger posed to employees and customers.

The gun panel moderator began the program by replaying a "Colbert Report" clip, in which Tennessee's gun law is ridiculed and rednecks at bars are featured for comic effect.

Makes one proud to be a Tennessean.

Guns in Bars: Here Comes the Judge

9 am November 6, 2009. That’s when the Tennessee Guns in Bars law is set for Court.

A group of restaurant owners and gun permit holders has asked the Court to strike down the Guns in Bars law. If the Court agrees, guns could not be carried into bars and restaurants. At least not until the legislature returns in January of 2010.

The Court could rule from the bench on November 6. More likely, the Court will take a few days and release a written order.

In the motion, the restaurant owners and gun permit holders say the Guns in Bars law is:

Vague. You cannot tell where it is legal to carry a gun. The Guns in Bars law allows guns to be carried in restaurants with liquor licenses, but not bars. You have to be able to tell if a place sells more food than alcohol, merchandise, rooms and other things typically sold by restaurants, bars, hotels and other places that sell alcohol. Many “restaurants” make more money from booze than food.

Dangerous. Having guns around alcohol creates an unsafe place for waitresses and other restaurant employees to work. Restaurants, bars and other places with liquor licenses are required by state and federal law to have safe workplaces.

Selected legal pleadings filed in the case are available here.

Look for more posts on Guns in Bars as the case progresses.

Learn more about the group Guns and Alcohol Don't Mix.