Shelby County Attorney's opinion: New state gun laws unconst
Posted: Wed Jul 15, 2009 2:45 pmhttp://www.commercialappeal.com/news/20 ... -gun-laws/
By Clay Bailey (Contact), Memphis Commercial Appeal
Monday, July 13, 2009
A Shelby County attorney’s opinion released today asserts that the state’s guns-in-parks and guns-in-restaurants laws are unconstitutional.
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County Atty. Brian Kuhn, responding to a request from Mayor A C Wharton, issued the 11-page opinion Friday saying that the laws regarding local governments opting out of the guns-in-parks state legislation and restaurants banning guns in their establishments were too vague and diluted a statewide criminal law containing the prohibitions.
In one part of the county legal opinion, Kuhn said confusion over what constitutes a restaurant and uncertainty regarding parks “makes this enactment arbitrary, unreasonable and unconstitutionally void for vagueness.”
Based on the opinion, Bartlett Mayor Keith McDonald is planning to delay a resolution for that suburb to opt out of a state law allowing guns in parks.
McDonald said this afternoon that there are too many unanswered legal questions for the city’s Board of Mayor and Aldermen to consider the matter as scheduled at its Tuesday night meeting.
Meanwhile, Germantown officials are going forward tonight with its resolution banning guns in the parks. In addition, they will be seeking to ban guns in city-owned buildings, said Germantown City Admin. Patrick Lawton.
And Shelby County Commissioners also were expected to vote on the issue this afternoon.
Earlier this year, state lawmakers passed legislation allowing permit holders to carry guns in parks. The law allowed local governments to opt out of the legislation if they wanted to prohibit guns in their recreation areas.
By Clay Bailey (Contact), Memphis Commercial Appeal
Monday, July 13, 2009
A Shelby County attorney’s opinion released today asserts that the state’s guns-in-parks and guns-in-restaurants laws are unconstitutional.
STORY TOOLS
County Atty. Brian Kuhn, responding to a request from Mayor A C Wharton, issued the 11-page opinion Friday saying that the laws regarding local governments opting out of the guns-in-parks state legislation and restaurants banning guns in their establishments were too vague and diluted a statewide criminal law containing the prohibitions.
In one part of the county legal opinion, Kuhn said confusion over what constitutes a restaurant and uncertainty regarding parks “makes this enactment arbitrary, unreasonable and unconstitutionally void for vagueness.”
Based on the opinion, Bartlett Mayor Keith McDonald is planning to delay a resolution for that suburb to opt out of a state law allowing guns in parks.
McDonald said this afternoon that there are too many unanswered legal questions for the city’s Board of Mayor and Aldermen to consider the matter as scheduled at its Tuesday night meeting.
Meanwhile, Germantown officials are going forward tonight with its resolution banning guns in the parks. In addition, they will be seeking to ban guns in city-owned buildings, said Germantown City Admin. Patrick Lawton.
And Shelby County Commissioners also were expected to vote on the issue this afternoon.
Earlier this year, state lawmakers passed legislation allowing permit holders to carry guns in parks. The law allowed local governments to opt out of the legislation if they wanted to prohibit guns in their recreation areas.