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The Associated Press
NASHVILLE — A lawyer for plaintiffs suing to stop a law
that allows handguns to be carried in Tennessee bars and restaurants
that serve alcohol says the legal action is necessary to maintain
a safe environment for patrons.
The lawsuit was filed Wednesday in Davidson County Chancery Court
and seeks a temporary or permanent injunction to prevent the law
from taking effect on July 14.
One reason the lawsuit gives for stopping the law is that it’s
an “unlawful public nuisance that unreasonably threatens
the life, health and safety of the public.”
“The Tennessee guns in bar law encourages breaches of the
peace and unlawful vigilantism,” the lawsuit said. “This
subjects petitioners, employees, patrons and members of the public
to the clear and present danger of vigilante shootings in contravention
to law and the rights guaranteed by the U.S. and Tennessee Constitutions.”
“Normally, if a court finds out that there are guns in
bars, or there’re shootings in bars, they shut the bar down,”
David Smith, an attorney for the plaintiffs, said. “And
that’s a legal precedent that we’re relying upon.”
The Tennessee law retains an existing ban on consuming alcohol
while carrying a handgun, and restaurant owners can still opt
to ban weapons from their establishments.
Still, critics have continually said guns and alcohol in close
proximity are a dangerous combination. But supporters of the law
point to state Safety Department records that show handgun permit
holders in Tennessee are responsible.
Of the roughly 218,000 handgun permit holders in Tennessee, 278
had their permits revoked last year, records show. Since 2005,
state records show nearly 1,200 people have lost their permits.
Revocations are issued for felony convictions, while permits
can be suspended for pending criminal charges or for court orders
of protection.
Tennessee Firearms Association head John Harris said critics
of the law want the public to think “we’re going to
have bloodshed everywhere,” but he said that’s not
the case.
“They throw out the moniker that the sky is going to fall
... yet they can point to no reasonable studies which demonstrate
that allowing a permit holder to carry in a restaurant that serves
alcoholic beverages creates any greater risk at all for the general
public,” Harris said.
Randy Rayburn, the lead plaintiff in the lawsuit and owner of
several Nashville restaurants, said the measure is an “antibusiness
law” that not only jeopardizes public safety, but increases
employer liability and hurts tourism and hospitality businesses.
“The Legislature did not understand the unintended consequences
of their actions,” Rayburn said.
Democratic Gov. Phil Bredesen vetoed the measure in May, but
the Tennessee General Assembly voted last month to override the
veto.
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