Bredesen's Veto Overridden - Battle NOT Over for Tennessee Restaurant Handgun Bill (HB 0962/SB 1127)

#tnguns #tennessee . .
HB 0962/SB 1127, which will allow those who possess a handgun carry permit to carry in restaurants that serve alcoholic beverages as long as such person is not consuming alcoholic beverages, will become law on 14 July 2009. The Tennessee legislature over rode Gov. Bredesen's veto on Thursday.

However, the fight is not over. Overly officious hoplophobes in government are continuing their fight in the face of the will of the public and the elected representatives in state government empowered to enact that will. According to a NashvillePost.com item former Nashville/Davidson Metro Council member and current Metro Beer Board member Adam Dread is seeking to usurp the will of Tennessee's citizens via a loophole he claims will allow certain government entities (any city, town, or class B county) to make an end run around the new law. The loophole will allow those entities to refuse to grant beer licenses to establishments that refuse to prohibit guns.

This means that if I run Pax Eats and serve beer the city, town, or county can demand I prohibit firearms or lose my beer license.

Dread is pointing to Tennessee Codes Annotated section 57-5-06(a), which defines the licensing powers of cities, towns, and Class B counties, those with metropolitan governments. (The emphasis below is ours.)

ll. incorporated cities, towns and Class B counties in the state of Tennessee are authorized to pass proper ordinances governing the issuance and revocation or suspension of licenses for the storage, sale, manufacture and/or distribution of beer within the corporate limits of the cities and towns and within the general services districts of Class B counties outside the limits of any smaller cities as defined in § 7-1-101(8) and to provide a board of persons before whom such application shall be made, but the power of such cities, towns and Class B counties to issue licenses shall in no event be greater than the power herein granted to counties, but cities, towns and Class B counties may impose additional restrictions, fixing zones and territories and provide hours of opening and closing and such other rules and regulations as will promote public health, morals and safety as they may by ordinance provide. The ordinance power granted to a municipality by this subsection does not permit a municipality to establish residency requirements for its applicants. The ordinance power granted to a municipality by this section does not permit a municipality to impose training or certification restrictions or requirements on employees of a permittee if those employees possess a server permit issued by the alcoholic beverage commission pursuant to chapter 3, part 7 of this title.

What that means, according to Dread, is that Metro Nashville, and for that matter any other city, town, or class B county, can pass an ordinance that would instruct its Beer Board not to grant licenses to establishments that serve beer and allow guns. They could not, however, pass an ordinance that would prohibit establishments that only serve wine and/or liquor because those entities are regulated by the state.

How nice. The people speak, our legislature listens, and then these sanctimonious blowhards that want to control every facet of our lives subvert the will of the citizens.

It figures that Dread is a lawyer. Seems like someone could have explained to him what the difference is between the spirit of the law and the letter of the law...

Previously:
BREAKING: Bredesen BROKE His Promise to Support R...
Tennessee Handgun Carry: What to do About Bredesen...
Tennessee Restaurant Carry Passes Senate
Tennessee House Approves HB 0962 WITHOUT CURFEW RE...
The Week is Starting Good for TN Handgun Carry Pro...
Where NOT to Eat
Tennessee Restaurant Carry Passes Senate WITHOUT R...
Why We Need Restaurant Carry (TN Handgun Carry Iss...