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Posted: 11/18/2009 7:01:15 AM EDT
The suit filed by Randy Rayburn, et al, to have the Restaurant Carry Law overturned is on the docket for Chancellor Claudia Bonnyman's courtroom
in the Historic Court House at 9:00AM  Friday, 20 November 2009.  Here's a link to a .PDF of the docket:

http://www.nashville.gov/chancery/docs/motion/1120_part1.pdf

And this link is to the Chancery court page:
http://www.nashville.gov/chancery/motions.asp

More when I find it out!

I'll try to keep this post up-to-date, but please check this link to the TFA Forum Topic to be sure you've seen the latest.

If your schedule will permit you to attend, please do so!  Remember: NO CARRY IN THE COURTHOUSE (scanners at the entrances!)  this includes knives!

There will likely be news media there.  Be civil & courteous to all.  We're the good guys, & we want to be seen as such!

David
Link Posted: 11/19/2009 7:00:54 AM EDT
[#1]
Link Posted: 11/19/2009 8:11:45 AM EDT
[#2]
Curious if there are any developments out there - nothing in the media or on google, yet...
Link Posted: 11/20/2009 7:41:01 AM EDT
[#3]
I just got a pm on another forum from somebody at TGO saying the case has been pushed back 1 hour.


A small local blurb on the topic: Chanel 4, Nashville
I'll post any other news I find.

If anybody out there gets some info, please share!
Link Posted: 11/20/2009 10:27:53 AM EDT
[#4]
The judge ruled against allowing guns in restaurants.

http://www.newschannel5.com/global/story.asp?s=11543069
Link Posted: 11/20/2009 10:30:50 AM EDT
[#5]
Quoted:
The judge ruled against allowing guns in restaurants.
http://www.newschannel5.com/global/story.asp?s=11543069




What does this mean? Are we still OK in restaurants until they deal with this further, or not?

What part of the law was vague, anyway?
Link Posted: 11/20/2009 11:52:21 AM EDT
[#6]
Quoted:
Quoted:
The judge ruled against allowing guns in restaurants.
http://www.newschannel5.com/global/story.asp?s=11543069




What does this mean? Are we still OK in restaurants until they deal with this further, or not?

What part of the law was vague, anyway?



NASHVILLE, Tenn. - Opponents of the controversial guns in bars and restaurant law won their battle in court Friday.

Nine local restaurant owners filed a petition in August asking for a hearing on an injunction to challenge the law. In court on Friday, a judge found the new state law to be unconstitutional due to vagueness.

The law, which allows gun carry permit holders to take their weapons into bars and restaurants where alcohol is served, went into effect in July.

The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.

Link Posted: 11/20/2009 11:59:37 AM EDT
[#7]
Quoted:



The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.



I read that at the link - but what does 'law put on hold' mean, anyway?

Are they going to send a mail alert to LEO's to start busting people for CCW in restaurants now?
Link Posted: 11/20/2009 12:06:43 PM EDT
[#8]
Quoted:
Quoted:



The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.



I read that at the link - but what does 'law put on hold' mean, anyway?

Are they going to send a mail alert to LEO's to start busting people for CCW in restaurants now?


I have no idea.  I'm hoping someone will pop in here and answer before 6:00 tonight.  This morning I agreed to take my wife out to eat at a restaurant for supper.  I'm pretty pissed off.  Guess it's Cracker Barrel until January.
Link Posted: 11/20/2009 12:13:07 PM EDT
[#9]
We really need to enact a law similar to what Alaska or Vermont has.
Link Posted: 11/20/2009 12:38:34 PM EDT
[#10]
Why didn't the nine restaurant owners just post signs?

They brought the suit rather than just post a few signs. Hell, if it came down to that I would have provided them with tasteful signs telling people who carry that heir restaurant is a gun free zone.

Also, because it was a Nashville judge hearing Nashville restaurant owners why would it affect the whole state? I'll assume it is a State Supreme Court judge.

Anyone know the fines or charges if one does carry in a alcohol serving restaurant?

Dolomite
Link Posted: 11/20/2009 12:42:26 PM EDT
[#11]
Quoted:
Why didn't the nine restaurant owners just post signs?


Post signs and people can boycott you.

Make it illegal for everyone, and most gun owners don't know you were behind it anyway.

Liberal jerks.
Link Posted: 11/20/2009 12:43:14 PM EDT
[#12]
Quoted:
We really need to enact a law similar to what Alaska or Vermont has.


+ 87 million...
Link Posted: 11/20/2009 12:46:59 PM EDT
[#13]
Quoted:
Quoted:
Why didn't the nine restaurant owners just post signs?


Post signs and people can boycott you.

Make it illegal for everyone, and most gun owners don't know you were behind it anyway.

Liberal jerks.


Wasn't there a law (before the recent amendment) that every restaurant which sold alcohol had to have one of those signs?  Now that the judge went all tyrannical, does every restaurant have to repost their old signs?
Link Posted: 11/20/2009 12:53:02 PM EDT
[#14]



Quoted:



Quoted:


Quoted:

Why didn't the nine restaurant owners just post signs?




Post signs and people can boycott you.



Make it illegal for everyone, and most gun owners don't know you were behind it anyway.



Liberal jerks.




Wasn't there a law (before the recent amendment) that every restaurant which sold alcohol had to have one of those signs?  Now that the judge went all tyrannical, does every restaurant have to repost their old signs?


They still had to have those signs, the law about carrying firearms in establishments that sold alcohol was not repealed. There was an exception made to the law that you could carry in those places as long as you had an HCP.



 
Link Posted: 11/20/2009 12:56:27 PM EDT
[#15]
http://trialcourts.nashville.gov/portal/page/portal/trialCourts/judges/ClaudiaBonnyman/

"Chancellor Bonnyman was appointed to the Chancery bench by Governor Phil Bredesen in September 2003. "

The judge was appointed by the Governor who vetoed the legislation.
Link Posted: 11/20/2009 1:34:09 PM EDT
[#16]
Quoted:
Quoted:



The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.



I read that at the link - but what does 'law put on hold' mean, anyway?

Are they going to send a mail alert to LEO's to start busting people for CCW in restaurants now?


Yeah like I would do that. I might tell the person to go put it in the car, but I am not going to cite/arrest someone for it...
Link Posted: 11/20/2009 3:31:30 PM EDT
[#17]
IBTCIC

In Before the "Concealed is Concealed"
Link Posted: 11/20/2009 4:10:44 PM EDT
[#18]
Quoted:
Quoted:
Quoted:



The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.



I read that at the link - but what does 'law put on hold' mean, anyway?

Are they going to send a mail alert to LEO's to start busting people for CCW in restaurants now?


Yeah like I would do that. I might tell the person to go put it in the car, but I am not going to cite/arrest someone for it...


As a citizen of TN, I sincerely appreciate your discretion.

I really believe 99% of LEO's would do the same thing - it's that 1% I'm worried about.




eta: I went to McDonald's instead of Texas Roadhouse b/c of this blatant nonsense.
Link Posted: 11/20/2009 4:30:21 PM EDT
[#19]
I'm sick of this crap.  I joined TFA.

Anyone else who wants to fight for gun rights in TN can toss $35 this way ––>  http://www.tfaonline.org/index.php/tfa/join
Link Posted: 11/21/2009 1:56:05 AM EDT
[#20]
Quoted:
Yeah like I would do that. I might tell the person to go put it in the car, but I am not going to cite/arrest someone for it...


You might not Robocop but there are LE in the area that will, without a doubt, arrest people over it. I worked in LE for over 14 years and finally had enough. I left over the corruption, fellow officers that were ignorant of the law and just plain crimnals themselves. It took me awhile to find something else but I left on good terms without any disciplinary problems and when I left I was actually told by one of the higher ups I was getting the Sergeant promotion I had bid on.

I had heard numerous times "I'll let the commissiner figure out if it is illegal or not" and take people to jail for something they should have never went to jail for in the first place. Just because someone has their charges dismissed doesn't mean everything is fine. Arrests will still show up even if dismissed as well as the fact of wondering what the hell just happened as you spend a few hours getting booked in before you see a commisioner. The biggest law I had seen them use was PI because where I worked the person arrested wasn't entitled to a breathalyzer to determine if he was intoxicated or not. So it becames a he said/ she said ordel with the win going to the officer 99.9% of the time.

I am trying not to bash LE in general, only those that are corrupt. I worked in LE most of my adult life until 2005. I still offer to help out the local officers if they need gear or equipment the county will not provide. If I have it and not using it I give it to them, not let them borrow it but give it to them. I am definately Pro LE as long as the officer is not a criminal and if he is a criminal there should be way tougher sentences because he violated public trust by breaking the law as an authority figure.

Dolomite
Link Posted: 11/21/2009 5:20:31 AM EDT
[#21]
My understanding is that the judge took this action because she thought the law was too vague
with regards to patrons ability to determine if it was a bar or a restaurant with a bar, right?
It's pretty easy to tell if you ask me, this sounds like another excuse to legislate from the bench.

 I wonder how they would propose to remedy this since the definition of a bar is based on
revenue from alcohol which could change back and forth with some places, crap like this is
why laws should be precise instead of something to be interpreted on the sidewalk by
LE. They should be simpler but I wonder where they will go from here
Link Posted: 11/21/2009 5:49:46 AM EDT
[#22]
See more on this topic at http://www.tfaonline.org/forum/viewtopic.php?f=1&t=2883.

I'm pretty sure our friends in the Legislature will be quite busy, quite early in the session, straightening this mess out.
Despite the comments by the plaintiff's attorneys that "the people" want it this way, the representatives of "the people" clearly understood, and
continue to understand, that "we the people" want our carry rights restored & expanded (it is a RIGHT, after all), which is why the bill passed,
and the governor's veto was overridden, in the first place.

Start now!  Contact your Representatives & Senators & tell them you want this mess fixed  Be polite, and unambiguous!  

Join the Tennessee Firearms Association and add your voice to ours!  

David
Link Posted: 11/21/2009 7:15:55 AM EDT
[#23]
I have suggested to my State Senator (Beavers) and Representative (Lynn) that a very good solution to this mess and the "guns in parks" mess would be legislation removing any state-level restrictions on where a HCP holder may carry.

By doing this, HCP holders would only be prohibited from carry in places deemed off limits by the Fed. Govt.

I do not think the state needs to restrict carry any further.



I urge others to suggest the same to their representatives.
Link Posted: 11/21/2009 5:01:50 PM EDT
[#24]
Who were the 9 resturants, so I can be sure to avoid them and make sure that they never get my business.
Link Posted: 11/21/2009 6:33:45 PM EDT
[#25]
Quoted:
Quoted:
Why didn't the nine restaurant owners just post signs?


Post signs and people can boycott you.

Make it illegal for everyone, and most gun owners don't know you were behind it anyway.

Liberal jerks.

Yep.  Tom Horton, an avowed socialist and PR guy for the no guns in bars movement, posted this on a Guns and Alcohol Don't Mix facebook discussion:

"The issue is, that it's an "opt-out" law. Which means that bar owners have to post signs saying, "No Guns Allowed," running the risk of offending NRA-types and 2nd-Amendment folks who may honestly have never thought about packing a weapon at Ruby Tuesday's, but for fear of being offensive, many proprietors are not opting out, and simply living with the very real consequences: increased insurance premiums, potential vigilanteism and a a dangerous work environment for their employees."

Quoted:
Who were the 9 resturants, so I can be sure to avoid them and make sure that they never get my business.

From news reports and court documents I've found:

Sunset Grill - Randy Rayburn
Cabana - Randy Rayburn
Mid Town Cafe - Randy Rayburn
The Melrose Neighborhood Pub - Austin Ray
Doc Holliday's Saloon - Josh Green

(all in Nashville)

and the shitstain lawyers...

Adam Dread
David Randolph Smith
Link Posted: 11/22/2009 2:45:25 PM EDT
[#26]
So just to clarify, we cant carry in Restaurants that serve alcohol?
Link Posted: 11/22/2009 8:07:06 PM EDT
[#27]
Quoted:
So just to clarify, we cant carry in Restaurants that serve alcohol?


That's correct.  

We expect to address the issue very early (can you say first week!?!) when the legislature resumes meeting
in January.  Until then, unless an appeal is filed & a stay of enforcement is issued (neither of which has happened yet),
we have to wait.  

David

Link Posted: 11/24/2009 7:25:21 AM EDT
[#28]
Quoted:
Quoted:
Quoted:
Quoted:



The law will be put on hold until lawmakers return to session in January.


I guess we're not as free as we were yesterday.



I read that at the link - but what does 'law put on hold' mean, anyway?

Are they going to send a mail alert to LEO's to start busting people for CCW in restaurants now?


Yeah like I would do that. I might tell the person to go put it in the car, but I am not going to cite/arrest someone for it...


As a citizen of TN, I sincerely appreciate your discretion.

I really believe 99% of LEO's would do the same thing - it's that 1% I'm worried about.




eta: I went to McDonald's instead of Texas Roadhouse b/c of this blatant nonsense.


I agree - THANK YOU for being reasonable with this - having said that, I suppose I'll just stay out of alcohol-serving restaurants for now.

But.......does Safe Harbor still apply?

Link Posted: 11/24/2009 7:29:09 AM EDT
[#29]
So the judge ruled based on the fact she thought the law was vague? Glad to see the legislature is going to take this up right away.
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