Tennessee Court Says No More Guns in Restaurants
Fairfax, Va. – Chancellor Claudia Bonnyman of the Chancery Court for Davidson County, Tennessee ruled last week that Tennessee’s restaurant carry law is unconstitutionally vague because of a perceived ambiguity over the state’s definition of restaurants. This law gave right-to-carry permit holders the chance to defend themselves from criminal attack while in a restaurant.
"This ruling is a setback for Tennessee’s law-abiding concealed carry permit holders," said Chris W. Cox, NRA chief lobbyist. "We strongly urge Attorney General Robert Cooper to defend the Tennessee statute and appeal this unwise ruling."
HB 962, Tennessee’s Restaurant Carry legislation, passed both the House and Senate with broad bipartisan support, but Governor Phil Bredesen vetoed the bill on May 28, disappointing more than 200,000 right-to-carry permit holders in the state. While an override of the veto only needed a simple majority vote to pass, it cleared both chambers with overwhelming, bi-partisan support. This law went into effect in July of this year after the Tennessee House and Senate successfully overrode Gov. Bredesen's veto of HB 962. Tennessee joined 35 other states which recognize the right to carry in restaurants that serve alcohol when it enacted this legislation into law.
This law is crucial because crimes do occur in restaurants. On April 2, 2009, Benjamin Felix Goeser was gunned down at Jonny's Sports Bar on Nolensville Road in Nashville. His wife, Nicole Goeser, has a right-to-carry permit, but she had to keep her gun locked in the car because of Tennessee law. Mrs. Goeser actively lobbied for the passage of this measure.
"Right-to-carry permit holders in Tennessee need to be aware that the chancery court's regrettable and incorrect decision effectively suspends the law the legislature enacted and that they should not carry in restaurants until this litigation is resolved on appeal," concluded Cox. "The NRA will continue to fight on behalf of our members, permit holders and victims of crime until this reasonable self-defense measure is restored as Tennessee law."
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It is these so-called "gun free" zones like restaurants, shopping malls, elder and child care centers, schools , and college campuses that become killing zones because the intended victims cannot defend themselves. Vague definition?? Indeed. Chancellor Claudia Bonnyman may want to get prepared when she gets overturned by a higher court.
State Law Enforcement 1988-2004, Operation Iraqi Freedom 2006-2007, Teacher 2010-Present, NRA Member -Life
Rulings like this one have had the unintended consequence of several states simply removing any requirement of food being served on the premisis. The result being that weapons can now be carried in bars in those states.
From Wiki:
On Wednesday, October 16, 1991, [Suzanna] Hupp and her parents were having lunch at the Luby's Cafeteria in Killeen. She had left her gun in her car to comply with Texas state law at the time which forbade carrying a concealed weapon. When George Hennard drove his truck into the cafeteria and opened fire on the patrons, Hupp instinctively reached into her purse for her weapon, but it was in her vehicle.
Her father, Al Gratia, tried to rush Hennard and was shot in the chest. As the gunman reloaded, Hupp escaped through a broken window and believed that her mother , Ursula Gratia, was behind her. Hennard put a gun to her mother's head as she cradled her mortally wounded husband. Hupp's mother and father were killed along with twenty-one other persons. Hennard also wounded some twenty others. As a survivor of the Luby's massacre, Hupp testified across the country in support of concealed-handgun laws. She said that had there been a second chance to prevent the slaughter, she would have violated the Texas law and carried the handgun inside her purse into the restaurant.