OpenCarry.org - Discussion Forum Home
 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 

OpenCarry.org - Discussion Forum > Stories From The States > Tennessee > Tennessee restaurant owner sues to stop guns in bars





Tennessee restaurant owner sues to stop guns in bars
 Moderated by: jpierce  
 New Topic   Reply   Print 
AuthorPost
TFred
Regular Member
 

Joined: Mon Oct 13th, 2008
Location: Virginia USA
Posts: 1643
Status:  Online
 Posted: Fri Jul 3rd, 2009 08:17 pm
 Quote  Reply 
http://opencarry.mywowbb.com/forum4/28012.html

TFred

Task Force 16
Campaign Veteran
 

Joined: Mon Jul 21st, 2008
Location: Lobelville, Tennessee USA
Posts: 1882
Status:  Online
 Posted: Sun Jul 5th, 2009 05:05 am
 Quote  Reply 
Here's a link to the plaintiff's petition.

http://www.drslawfirm.com/gunsinbarscomplaint.pdf

UTOC-45-44
Regular Member


Joined: Thu Feb 22nd, 2007
Location: Morgan, Utah USA
Posts: 2582
Status:  Offline
 Posted: Mon Jul 6th, 2009 02:38 pm
 Quote  Reply 

5. No state, by statute or regulation, expressly allows firearms in bars.


Because bars, saloons, nightclubs and restaurants with bar areas are notorious for


fights, assaults and breaches of the peace, carrying loaded guns is expressly prohibited


in bars, nightclubs or bar areas serving alcohol in
24 states

Here in Utah we can carry in the Bars , Restaurants and ANY other establishment that in ANY way shape or form sells alcohol or even where one may drink.


Sure, there is NO ONE specific title in the law that says you CAN. Laws here in Utah are RESTRICTIVE and NOT Permissive. So if it doen not say you CANNOT do it you CAN do it.


TJ

Statkowski
Regular Member


Joined: Wed Sep 27th, 2006
Location: Cherry Tree (Indiana County), Pennsylvania USA
Posts: 564
Status:  Offline
 Posted: Tue Jul 7th, 2009 03:35 pm
 Quote  Reply 
Likewise in Pennsylvania, the law is silent on such.  Doesn't even mention it, just like open carry - not one word.  Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.

Fallguy
Regular Member


Joined: Fri Sep 21st, 2007
Location: Milan, Tennessee USA
Posts: 393
Status:  Offline
 Posted: Tue Jul 7th, 2009 03:48 pm
 Quote  Reply 
Statkowski wrote: Likewise in Pennsylvania, the law is silent on such.  Doesn't even mention it, just like open carry - not one word.  Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.

There you go exactly.

The person bringing this lawsuit says the sponsor of the bill was misleading.....how mis-leading is he.

No....several states don't have laws that specifically allow carry in places that serve alcohol, but they don't need to because there is no law against it.

If you want to argue the other side...this law, even there is no legal definition of a bar in TN, attempts to only allow carry in restaurants by only allowing carry in those places that serve alcohol AND meet the definition of a restaurant in the new law.

I mean it would have been a lot more simple to just do away with the law that prohibits carry where alcohol is served all together right?

Anyway.....this has been a long fight in TN....and apparently is still ain't over quite yet....

Task Force 16
Campaign Veteran
 

Joined: Mon Jul 21st, 2008
Location: Lobelville, Tennessee USA
Posts: 1882
Status:  Online
 Posted: Tue Jul 7th, 2009 06:32 pm
 Quote  Reply 
Fallguy wrote: Statkowski wrote: Likewise in Pennsylvania, the law is silent on such.  Doesn't even mention it, just like open carry - not one word.  Ergo, ipso facto, and a bunch of other dead language phrases, if it's not specifically made illegal, then it's legal.

There you go exactly.

The person bringing this lawsuit says the sponsor of the bill was misleading.....how mis-leading is he.

No....several states don't have laws that specifically allow carry in places that serve alcohol, but they don't need to because there is no law against it.

If you want to argue the other side...this law, even there is no legal definition of a bar in TN, attempts to only allow carry in restaurants by only allowing carry in those places that serve alcohol AND meet the definition of a restaurant in the new law.

I mean it would have been a lot more simple to just do away with the law that prohibits carry where alcohol is served all together right?

Anyway.....this has been a long fight in TN....and apparently is still ain't over quite yet....

That's pretty much what 962 does, at least in part anyway. It is an amendment to the existing law that repeals the prohiibition. It would help if we could get an opinion from the Tn AG concerning the definition of Resaurants and bars.

kurtmax_0
Regular Member
 

Joined: Mon Apr 23rd, 2007
Location: Auburn, Alabama USA
Posts: 772
Status:  Offline
 Posted: Wed Jul 8th, 2009 02:57 am
 Quote  Reply 
I doubt he will get anywhere.

Here in Alabama we have no restrictions for carrying in bars. We don't have gunfights at high noon everywhere. Although, the court case confirming the preemption statutes involves a gunfight in a bar :lol:


 Current time is 05:44 am





Powered by WowBB 1.7 - Copyright © 2003-2006 Aycan Gulez