Posted by: C. S. Burks, Esq. | November 23, 2009

More on ‘guns in bars’ law

As noted yesterday the so-called ‘guns in bars’ law was ruled unconstitutional by a moron judge.

The law amended T.C.A. section 39-17-1305:

(a) It is an offense for a person to possess a firearm within the confines of a building open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for on premises consumption.

(b) A violation of this section is a Class A misdemeanor.
(c) The provisions of subsection (a) shall not apply to a person who is: [. . .]

(3) (A) Authorized to carry a firearm under § 39-17-1351 who is not consuming beer, wine or any alcoholic beverage and is within the confines of a restaurant that is open to the public and serves alcoholic beverages, wine or beer;

(B) As used in this subdivision (c)(3), “restaurant” means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, such place being provided with adequate and sanitary kitchen and dining room equipment, having employed in the restaurant a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At least one (1) meal per day shall be served at least five (5) days a week, with the exception of holidays, vacations and periods of redecorating, and the serving of such meals shall be the principal business conducted.

What part of this law is too vague?

The just of this law allows for persons with a carry permit to carry a handgun into a restaurant, assuming that the owner/operator of the restaurant doesn’t post a sign prohibiting the carrying of firearms or weapons into the establishment.

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