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Thread: Tennessee restaurant owner sues to stop guns in bars

  1. #1
    Regular Member TFred's Avatar
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  2. #2
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    Here's a link to the plaintiff's petition.

    http://www.drslawfirm.com/gunsinbarscomplaint.pdf

  3. #3
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    5. No state, by statute or regulation,
    expressly allows firearms in bars.

    Because bars, saloons, nightclubs and restaurants with bar areas are notorious for

    fights, assaults and breaches of the peace, carrying loaded guns is
    expressly prohibited

    in bars, nightclubs or bar areas serving alcohol in
    24 states
    Here in Utahwe can carry in the Bars , Restaurants and ANY other establishment that in ANY way shape or form sells alcohol or even where one may drink.

    Sure, there is NO ONE specific title in the law that says you CAN. Laws here in Utah are RESTRICTIVE and NOT Permissive. So if it doen not say you CANNOT do it you CAN do it.

    TJ

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    Likewise in Pennsylvania, the law is silent on such. Doesn't even mention it, just like open carry - not one word. Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.

  5. #5
    Regular Member Fallguy's Avatar
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    Statkowski wrote:
    Likewise in Pennsylvania, the law is silent on such. Doesn't even mention it, just like open carry - not one word. Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.
    There you go exactly.

    The person bringing this lawsuit says the sponsor of the bill was misleading.....how mis-leading is he.

    No....several states don't have laws that specifically allow carry in places that serve alcohol, but they don't need to because there is no law against it.

    Ifyou want to argue the other side...this law, even there is no legal definition of a bar in TN, attempts to only allow carry in restaurants by only allowing carry in those places that serve alcohol AND meet the definition of a restaurant in the new law.

    I mean it would have been a lot more simple to just do away with the law that prohibits carry where alcohol is served all together right?

    Anyway.....this has been a long fight in TN....and apparently is still ain't over quite yet....
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  6. #6
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    Fallguy wrote:
    Statkowski wrote:
    Likewise in Pennsylvania, the law is silent on such. Doesn't even mention it, just like open carry - not one word. Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.
    There you go exactly.

    The person bringing this lawsuit says the sponsor of the bill was misleading.....how mis-leading is he.

    No....several states don't have laws that specifically allow carry in places that serve alcohol, but they don't need to because there is no law against it.

    Ifyou want to argue the other side...this law, even there is no legal definition of a bar in TN, attempts to only allow carry in restaurants by only allowing carry in those places that serve alcohol AND meet the definition of a restaurant in the new law.

    I mean it would have been a lot more simple to just do away with the law that prohibits carry where alcohol is served all together right?

    Anyway.....this has been a long fight in TN....and apparently is still ain't over quite yet....
    That's pretty much what 962 does, at least in part anyway. It is an amendment to the existing law that repeals the prohiibition.It would help if we could get an opinion from the Tn AG concerning the definition of Resaurants and bars.

  7. #7
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    I doubt he will get anywhere.

    Here in Alabama we have no restrictions for carrying in bars. We don't have gunfights at high noon everywhere. Although, the court case confirming the preemption statutes involves a gunfight in a bar

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