Carry may still be legal in restaurants serving alcohol?

[Tim Nunan]

http://www.examiner.com/x-2782-DC-Gun-R ... iner-email

Recent rumblings from legislative circles in Nashville suggest that gun rights backers Representative Curry Todd (R-Collierville) and Senator Doug Jackson (D-Dickson) are planning to legislatively override a judge’s opinion holding that the definition of “restaurants” in the exception to Tennessee’s general ban on gun carry is “unconstitutionally vague." Reportedly, the legislators plan to more clearly restrict alcohol sales under state law.

But some question the common assumption that Chancellor Claudia Bonnyman's “void for vagueness” ruling makes it illegal to carry guns in Tennessee restaurants today. John Pierce, co-founder of OpenCarry.org and a second year law student who owns a farm just inside Virginia near Bristol, TN is concerned. Pierce worries that the void for vagueness doctrine is being misunderstood "as a sword against criminal defendants instead of the shield from prosecution it traditionally provides."

The November 2009 Davidson County Chancery Court opinion was widely reported as repealing the 2009 bill allowing licensed handgun carriers to carry their guns in alcohol serving restaurants in Tennessee. Chancellor Bonnyman’s opinion states on pages 1-2 that

“TCA § 39-17-1305(c)(3) is unconstitutional because the [restaurant definitional] language in TCA § 39-17-1305(c)(3)(B) ‘and the serving of such meals shall be the principle business conducted' is void for vagueness.”

The Tennessee Department of Public Safety (DPS) has posted the following notice on its website:

“On November 20, 2009, the Davidson County Chancery Court held that the law allowing Tennessee handgun carry permit holders to carry their handguns into establishments serving alcohol was unconstitutional. As a result, the prior law which prohibited all persons from carrying firearms into establishments serving alcohol is back in effect.”

DPS Spokesman Mike Browning told the Examiner.com that

“[a]s I understand it section (c)(3)(b), which was ruled unconstitutional, was an exception to the ban that is still in effect, not allowing a person to carry a firearm where alcohol is served.”

But Professor Dwight Aarons of the University of Tennessee College of law says the issue is more complicated.

Aarons contends that while there is a general legal doctrine that says when a statute is struck down as unconstitutional “the previously law applies,” there is a more specific effect to a “void for vagueness” ruling – that is, that it actually makes it “dangerous” or “foolish” for a prosecutor to prosecute a person who violates the vague statute, i.e., carrying a gun in a restaurant whose “principle business” is not serving meals. The rationale for this doctrine is “to protect the law abiding public” from prosecution under criminal statutes "where the legislature has not spoken with sufficient clarity” says Aarons.

Professor Aarons is excited about incorporating this "gun ‘n bars void for vagueness case” into his course entitled “Legislation.” The ultimate question his course explores is “What is the Law?”

So “what is the law” now on gun carry in alcohol serving restaurants in Tennessee? Tennessee Attorney General Robert E. Cooper Jr.’s Office declined the Examiner.com’s repeated requests to say whether the Chancery Court’s ruling makes it (1) illegal to carry guns in alcohol serving restaurants, or rather, (2) just more difficult to prosecute a person who carries in a restaurant that does not serve enough meals in a given week to qualify for the exception in TCA § 39-17-1305(c)(30(B).

But civil rights attorney John Monroe, a Director of Georgia Carry Inc. and licensed to practice law in Tennessee for many years, does not blame General Cooper for remaining silent on the issue. “I would not expect the AG to give an opinion without being asked for one by a state agency,” explained Monroe

[Tim Nunan]

John,

Is this alternative interpretation of the ruling valid?

[johnharris]

At this time, Tim, I am not carrying in such locations. I don't want to risk the time or expense of a legal battle over my gun or permit. I find lots of restaurants to serve me meals where its not an issue.

[tnxdshooter]

Got this from the NRA Yesterday. It looks like the bill has been rewritten and reintroduced.

Restaurant Carry Reform Measure Takes a Step Forward
Please Contact the Members of the House Judiciary Committee Today!


On Wednesday, March 10 the House Judiciary Criminal Practice Sub-Committee passed House Bill 3125 by a vote of 4-2. This legislation will now be heard by the House Judiciary Committee.



HB3125, with an NRA-backed amendment, would enable a person who has a valid Right-to-Carry permit to carry a firearm into restaurants where alcohol may be served, as long as the permit holder is not consuming alcohol or is not otherwise prohibited by posting provisions. HB3125, introduced by State Representative Curry Todd (R-95), was filed in response to Chancellor Claudia Bonnyman’s ruling last November. The current law was ruled as being unconstitutionally vague because of a perceived ambiguity over the state’s definition of restaurants. This bill, with the NRA-backed amendment, will fix any ambiguity.

NRA-ILA would like to thank the of the members of the House Judiciary Criminal Practice Sub-Committee for their hard work on HB3125.



Please contact members of the House Judiciary Committee TODAY and respectfully urge them to support HB3125. Contact information for the committee can be found below.



State Representative Kent Coleman (D-49), Chair

Phone: (615) 741-6829

Email: rep.kent.coleman@capitol.tn.gov



State Representative Jon Lundberg (R-1), Vice Chair

Phone: (615) 741-7623

Email: rep.jon.lundberg@capitol.tn.gov



State Representative Janis Sontany (D-53), Secretary

Phone: (615) 741-6861

Email: rep.janis.sontany@capitol.tn.gov



State Representative Eddie Bass (D-65)

Phone: (615) 741-1864

Email: rep.eddie.bass@capitol.tn.gov



State Representative Karen Camper (D-87)

Phone: (615) 741-1898

Email: rep.karen.camper@capitol.tn.gov



State Representative Jim Coley (R-97)

Phone: (615) 741-8201

Email: rep.jim.coley@capitol.tn.gov



State Representative Vance Dennis (R-71)

Phone: (615) 741-2190

Email: rep.vance.dennis@capitol.tn.gov



State Representative Henry Fincher (D-42)

Phone: (615) 741-

Email: rep.henry.fincher@capitol.tn.gov



State Representative Judd Matheny (R-47)

Phone: (615) 741-7448

Email: rep.judd.matheny@capitol.tn.gov



State Representative Barrett Rich (R-94)

Phone: (615) 741-6890

Email: rep.barrett.rich@capitol.tn.gov



State Representative Mike Stewart (D-52)

Phone: (615) 741-2184

Email: rep.mike.stewart@capitol.tn.gov



State Representative Eric Watson (R-22)

Phone: (615) 741-7799

Email: rep.eric.watson@capitol.tn.gov