Restaurant Carry Law ruled Void!

[Guest H0TSH0T]

Judge Rules 'Guns In Bars' Law Is Unconstitutional - Nashville News Story - WSMV Nashville

NASHVILLE, Tenn. --

Nevertheless, critics complained that guns and alcohol in close proximity are a dangerous combination.

still waiting for something bad to happen, a more accurate statement would be, when stupid, immature, irresponsible, ignorant, inept, unstable, people use either, in a manner other than lawful, there will be issues. But to blame the people that are intelligent, mature, responsible, knowledgeable, deeply caring people, that are stable, and law abiding citizens that don't drink while caring a weapon, that has been tested and approved by the state, and have had fed and state background checks, to be the problem is laughable. In fact the people that refuse service to these citizens don't have a thing to worry about, other than the knowledge that now your establishment will be patroned by those that A) don't care about this issue, or are hoping to commit another violent act in a area where they know they have a better chance of success, think about it look at all the shootings at parks where guns are banned vs. parks that are open to all law abiding citizens, you will find a stark difference. I will tell you the parks in cities that did not opt out are now safe and have less crime. I will take it a step further the people that are against this will fall into one of two categories, 1) potential victims, or 2) potential criminals. So when you have time let me know your choice. I will be in the group that cares for the rights of law abiding citizens, with my fire arm.

[Guest HexHead]

I think we should maybe bind together and boycott ALL restaurants that serve alcohol. Not just the ones that posted but ALL of them. In this economy we need to put the pressure on the restaurants to see the error of their ways.

If every HCP holder decided this was the time to take a stand and send a message, it will be heard. This was all about these f*ucktards not wanting to lose any money. I say we fight fire with fire if we really give a damn about our rights.

[Guest TurboniumOxide]

Getting sick and tired of DBAGs telling me what I can and can't do.

[BryanP]

Not really sure that one TN judge can over rule the state law makers.

While we may disagree with the ruling, that's part of the system of checks and balances. The legislature can pass a law. The executive (governor) can veto, and can in turn be over-ridden. The judicial branch reviews a law and determines whether it meets constitutional muster. If it doesn't then the legislative branch gets to start over and try to pass a law that does meet the constitution. That's how the system works.

[Guest Boomhower]

Guys, I understand everyone's frustration here, but concerning whether this chancellery court judge can thumb cap an entire state, I don't think is the issue. I seriously doubt this so called big wig lawyer would waste his time if this weren't' the case.......The real issues at hand are how this affects us right now, and ultimately what are we going to do about it?

I would bet that we may never know which restaurant owners are funding and backing this. If anyone finds a list, expose away!

[Kenstaroni]

I was at Gunny's in Maryville today and they were talking about it. They said the Governer tried to veto it and something about an appeal already in progress. I have a HCP and never cared about carrying in a restaurant, however I do like having that option. I don't worry so much about restaurants in areas I am familiar with, but if I traveled out of town I might carry just for the simple fact I wouldn't know what to expect in that area.

Either way I definately don't like any of our freedoms regarding guns being repealed. I hope we can all make steps forward, not backwards. I think Georgia has some of the better gun laws, I wish TN would take note. I do not visit, drive through, nor purchase any items from companies in Illinois (internet, etc.) just because of thier rediculus infringing gun laws. You couldn't pay me enough to live in a state that didn't respect the U.S Constitution.

It's ok TN you can keep my gun out of the restaurants for now, but the AK-47 I picked up today is still comfortably in my gun safe...

[Guest benchpresspower]

I think we should maybe bind together and boycott ALL restaurants that serve alcohol. Not just the ones that posted but ALL of them. In this economy we need to put the pressure on the restaurants to see the error of their ways.

If every HCP holder decided this was the time to take a stand and send a message, it will be heard. This was all about these f*ucktards not wanting to lose any money. I say we fight fire with fire if we really give a damn about our rights.

+1

One question, not that it would have done any good but where was the NRA in all of this?

[Fallguy]

While disappointing....I have to say it is not a total surprise.

As I'm sure David or Daniel can also tell you, the judge seemed very interested in the void for vagueness argument in the first hearing.

I think the only reason she didn't rule on that in the first one is that wasn't what the originally filed on she didn't hear arguments on it that day. If she could have, I think she would have ruled it void back then.

[Guest oldhack62]

Because the state legislature is in Nashville, Davidson County Chancery Court is, by law and tradition, THE initial appellate court for state constitutional issues. Thus, by ruling that an enacted law is unconstitutional, the chancery court is striking it down, opining that it was never constitutionally passed to begin with. So, the provisions of the law ended when the ruling was handed down.

Now, further appeal is available and likely -- even up to as far as the state Supreme Court -- as is additional legislative action. I'd assume that the next legislative session will quickly rectify any identified deficiency and enact a new law. But, at this moment, the legal standing for firearm holders, permit or no, is the same as it was before the law was passed.

[Guest HexHead]

While we may disagree with the ruling, that's part of the system of checks and balances. The legislature can pass a law. The executive (governor) can veto, and can in turn be over-ridden. The judicial branch reviews a law and determines whether it meets constitutional muster. If it doesn't then the legislative branch gets to start over and try to pass a law that does meet the constitution. That's how the system works.

Typically though, overturning laws is done by courts with more than ONE judge. This is just FUBAR.

[Guest HexHead]

Because the state legislature is in Nashville, Davidson County Chancery Court is, by law and tradition, THE initial appellate court for state constitutional issues. Thus, by ruling that an enacted law is unconstitutional, the chancery court is striking it down, opining that it was never constitutionally passed to begin with. So, the provisions of the law ended when the ruling was handed down.

Now, further appeal is available and likely -- even up to as far as the state Supreme Court -- as is additional legislative action. I'd assume that the next legislative session will quickly rectify any identified deficiency and enact a new law. But, at this moment, the legal standing for firearm holders, permit or no, is the same as it was before the law was passed.

An appeal to overturn this liberal c*nt's decision would be in order. I'm not going to hold my breath for the state legislature to jump right on this in January. I really doubt they have the fight in them for it any more. Or the votes. I hope I'm wrong.

[Fallguy]

An appeal to overturn this liberal c*nt's decision would be in order. I'm not going to hold my breath for the state legislature to jump right on this in January. I really doubt they have the fight in them for it any more. Or the votes. I hope I'm wrong.

Thankfully you were last time.

I do hope there is an appeal though.

[Wingshooter]

I think we should maybe bind together and boycott ALL restaurants that serve alcohol. Not just the ones that posted but ALL of them. In this economy we need to put the pressure on the restaurants to see the error of their ways.

If every HCP holder decided this was the time to take a stand and send a message, it will be heard. This was all about these f*ucktards not wanting to lose any money. I say we fight fire with fire if we really give a damn about our rights.

Count me in. I boycott ALL posted locations anyway because I am ALWAYS carrying (except for schools, etc.). I will not disarm just to go into a restaurant that is posted (or that serves), I'll go next door to one that doesn't.

These restaurants can keep their over-priced food and go out of business for all I care... that's just how I feel.

On the other hand, I would hate to find a roach in my food at some of the restaurants owned by these pansy libs that have been crying about my rights. Health Inspector........

I have been thinking about a career change. Maybe I should become a food critic.

[Wingshooter]

An appeal to overturn this liberal c*nt's decision would be in order. I'm not going to hold my breath for the state legislature to jump right on this in January. I really doubt they have the fight in them for it any more. Or the votes. I hope I'm wrong.

Delay, delay.....

j/k

[Guest mikedwood]

I think we should maybe bind together and boycott ALL restaurants that serve alcohol. Not just the ones that posted but ALL of them. In this economy we need to put the pressure on the restaurants to see the error of their ways.

If every HCP holder decided this was the time to take a stand and send a message, it will be heard. This was all about these f*ucktards not wanting to lose any money. I say we fight fire with fire if we really give a damn about our rights.

I'm in. I won't eat at any resturants that serve alcohol or that post. And I had actually started to recently.

[Guest Whiskers]

So remind us again. Who are the restaurant people who brought this suit? I want to make sure I boycott the right people. Also, why not use some of the liberal press tactics and publish the names, email addresses, phone numbers, etc. of the people involved. Remember when the Knoxville Sentinel published the TN HCP database?

[Hershmeister]

good grief

[Guest HexHead]

So remind us again. Who are the restaurant people who brought this suit? I want to make sure I boycott the right people. Also, why not use some of the liberal press tactics and publish the names, email addresses, phone numbers, etc. of the people involved. Remember when the Knoxville Sentinel published the TN HCP database?

It's got to be ALL the restaurants. We need the ones not involved to pressure the ones that are. We need to take a scorched earth philosophy.

[Wingshooter]

So remind us again. Who are the restaurant people who brought this suit? I want to make sure I boycott the right people. Also, why not use some of the liberal press tactics and publish the names, email addresses, phone numbers, etc. of the people involved. Remember when the Knoxville Sentinel published the TN HCP database?

I'm thinkin'..... internet restaurant reviews.

Who are these people again?

Nashville Restaurants: Read Nashville Restaurant Reviews - TripAdvisor

[Fallguy]

It's got to be ALL the restaurants. We need the ones not involved to pressure the ones that are. We need to take a scorched earth philosophy.

But pressure them to do what?

They already filed the lawsuit....they already received a favorable (for them) ruling.

It's not like they could change their mind now even if they wanted to.

I'm not saying don't boycott if it makes you feel better. But HCP holders are a very small percentage of the population of the state. Also as evident on this board you can't get all of us to agree on somethings. So not sure how much boycotting is really going to affect any place. But again, if it does, how will make in change in this situation?

[Guest m&pc9]

I'm thinkin'..... internet restaurant reviews.

Who are these people again?

Nashville Restaurants: Read Nashville Restaurant Reviews - TripAdvisor

Good idea.

[tntnixon]

I'm interested in seeing the actual ruling in black and white. It appears that her wording that the law was "fraught with vagueness and ambiguity" is in fact vague and ambiguous. Probably purposely so to keep the legislature from using her ruling as a guide to fix the law. Like I said, Bonnyman is fundamentally against the 2nd Amendment Rights on personal principal. She was and is anything but an impartial jurist. You just have to look at her and her husband's body of work to discover that. I know because the Bonnyman's are friends of my parents.

She will continue to play the bait and switch game with the legislature. I can assure you, no law, however written, will pass muster in her court.

Edited November 21, 2009 by tntnixon

[Fallguy]

I'm interested in seeing the actual ruling in black and white. It appears that her wording that the law was "fraught with vagueness and ambiguity" is in fact vague and ambiguous. Probably perposely so to kepp the legislature from using her ruling as a guide to fix the law. Like I said, Bonnyman is fundamentally against the 2nd Amendment Rights on personal principal. She was and is anything but an impartial jurist. You just have to look at her and her husband's body of work to discover that. I know because the Bonnyman's are friends of my parents.

She will continue to play the bait and switch game with the legislature. I can assure you, no law, however written, will pass muster in her court.

I would like to see the ruling as well, but the main argument was the average person could not know if a place met the requirements to be a restaurant per the law by just looking at the place.

So any law that doesn't require a place to be a restaurant but simply allows carry by HCP holders period, shouldn't be challenged on that.

Another possibility is to require certain places (bar, etc... and however that may be determined, amount of revenue etc..) that legislature would want carry to be prohibited to post a certain sign and or symbol.

[Guest grams]

It's got to be ALL the restaurants. We need the ones not involved to pressure the ones that are. We need to take a scorched earth philosophy.

If there are over 200,000 permit holders, and we and our families boycott all of the restaurants, it could have an impact. I agree it needs to be all restaurants that were affected by this law. The industry needs to put pressure on those who are acting as their front men.

[Oh Shoot]

If there are over 200,000 permit holders, and we and our families boycott all of the restaurants, it could have an impact....

No, it won't.

Unless folks gang up to affect just certain restaurants.

2 or 3 hundred thousand folks, of of over 6 million, even if ALL participated, dispersed across the whole state wouldn't affect any given restaurant or even a whole chain by enough for them to notice.

- OS