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Thread: Are there lessons to be learned in 'Judge strikes down Tennessee guns-in-bars law '?

  1. #1
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    http://www.wtop.com/?nid=111&sid=1819185

    http://opencarry.mywowbb.com/forum50/34303.html

    Tennessee's new law allowing people with handgun permits to be armed in bars and restaurants that serve alcohol is unconstitutionally vague, a judge ruled on Friday.

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    Wouldn't the difference between a restaurant and a tavern be in the licensing?

    I mean, you have a licensed tavern and then there is a licensed Restaurant. It should be obvious. I think the argument is nothing more than a stage for the antis to trump up some more fear tactics.

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    any link to the opinion? This makes no sense to me - all kinds of gun laws are vague - for example, how does a person even know that a restaurant serves alcohol until you walk in the place and look around?

    Further, if the new law was unconstitutionally vague, this would strike down the penalty for breaking the law, not strike down the bill repealing generally the prevousl ban - in any event, we need to see the opinion to see how this judge came to this conclusion.

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    The Wisconsin statutory prohibition is on pistol carry in premises licensed to serve.

    (2) Whoever intentionally goes armed with a handgun on any
    premises for which a Class “B” or “Class B” license or permit has
    been issued under ch. 125 is guilty of a Class A misdemeanor.

    125.04 General licensing requirements. (1) LICENSE OR
    PERMIT; WHEN REQUIRED. No person may sell, manufacture, rectify,
    brew or engage in any other activity for which this chapter
    provides a license, permit, or other type of authorization without
    holding the appropriate license, permit or authorization issued
    under this chapter

    125.26 Class “B” licenses. (1) Every municipal governing
    body may issue Class “B” licenses for the sale of fermented malt
    beverages from premises within the municipality and may authorize
    an official or body of the municipality to issue temporary
    Class “B” licenses under sub. (6). Subject to s. 125.34 (5) and (6),
    a Class “B” license authorizes retail sales of fermented malt beverages
    to be consumed either on the premises where sold or off the
    premises. A license may be issued after July 1. That license shall
    expire on the following June 30. Persons holding a Class “B”
    license may sell beverages containing less than 0.5% of alcohol
    by volume without obtaining a license under s. 66.0433 (1).

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    Is it a violation to consume or have alcohol in your system while in posession of a firearm in TN?

    If so, I do not understand what the problem is!

    The people fighting against allowing permit holders to be armed while eating dinner makes no sense to me, Is their point that they are concerned about a drunk carrier possibly shooting someone? What is the problem?

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    I really want to see this opinion - I don't see how a restaurant or restaurant association would have standing to bring a challenge like this.

  7. #7
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    I haven't even been able to find if Chancery Court opinions are published. Perhaps your request made in the TN forum might get a knowledgeable response.

  8. #8
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    The Judge's name is Claudice Bonnyman her opinion isn't likely to be published until at least Monday.

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