NRA-ILA :: Tennessee Court Rules Restaurant Carry Law Unconstitutional
         
 
SEARCH
EMAIL SIGNUP
In the News   |   North Carolina: Residents fumed over emergency firearm ban   |   Kopel: How the right to arms saved the non-violent civil rights protesters   |   Date draws near to allow firearms in national parks   |   Texas: Duel over gun safety in Capitol   |   Montana: Wildlife agency takes up lead ammo ban this week   |   Canada: Blatant invasion of privacy   |   Nebraska: Committee hears arguments on bill on using deadly force against intruders   |   Still waiting for those wild west shootouts   |   Maine: Democratic candidates differ on gun background checks   |   Georgia: Right-to-Carry in Churches   |   California: Oakland passes record-keeping requirement for ammunition sales   |   Maine: Proposal targets gun ban for parks   |   Delaware: Newark Housing Authority withdraws gun ban   |   University of Arizona students protest gun resolution   |   Arizona: Push is on to liberalize gun laws   |   California: NRA/CRPA submit letter opposing gun control ordinances being considered by the Oakland City Council   |   Maryland: Baltimore's incoming Mayor seeks more gun control   |   Oklahoma: More women are exercising Right-to-Carry   |   Utah: Self-defense bill moves to House floor   |   Connecticut: Permit applicants don't need letters of reference

Bookmark 

and Share     Email       Printer Friendly Take Action


Tennessee Court Rules Restaurant Carry Law Unconstitutional

Monday, November 23, 2009

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."

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.


 

Copyright 2010, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Road, Fairfax, VA 22030    800-392-8683 
Contact Us | Privacy & Security Policy

For The Media
Did You Know
President John F. Kennedy knew the value of marksmanship training: "All of us, I am sure, 10 years ago thought that the need for the man with the rifle would be passing away from the scene in the 1960s. And it is true that there are a good many Americans tonight who are stationed underground in a hardened silo whose duty is to watch some tables and some dials and a button. "But the very size and magnitude of these new great weapons have placed a new emphasis upon what we call rather strangely conventional war, and they have made it even more mandatory that we keep the man with the rifle." (Address given at the Marine Corp Barracks, Washington, D.C., July 12, 1962)
MORE>>