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.