Chancellor will hear guns-in-bars suit

Wednesday, July 1, 2009 at 4:00pm
Staff Reports

SECOND UPDATE FOR NEW HEARING TIME — Chancellor Claudia Bonnyman has agreed to hear the case seeking an injunction to stop the guns-in-bars legislation from taking effect.

The lawsuit was filed Wednesday by 10 Tennessee citizens, including lead plaintiff and Nashville restaurateur Randy Rayburn, challenging the legality and the constitutionality of the new legislation, which is set to take effect July 14.

Nashville Attorney David Randolph Smith, who filed the suit, now will appear before Bonnyman at 1:30 p.m. on July 13. (The hearing was rescheduled to July 7 on Wednesday, but is now slated for the original hearing date.)

The suit asks for a temporary restraining order and temporary and permanent injunction to stop the law which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol.

Copies of the lawsuit are available here.



 

25 Comments on this post:

By: idgaf on 7/1/09 at 8:23

The suit asks for a temporary restraining order and temporary and permanent injunction to stop the law which permits the carrying of loaded concealed firearms by permit holders into all restaurants and bars that serve alcohol.

LMAO does he even know what is in the law?

They can exempt themselves so how do they expect to get relief when they already have it?

Lawyers in this town are something else.

By: PYRO on 7/1/09 at 11:59

Good thing they are fighting a bill that doesn't exsist. "guns-in-bars " was never a bill. Anyone who refers to it as such should do the world a favor and stop using oxygen.

By: Kosh III on 7/2/09 at 7:12

I have yet to see any evidence pointing to the need for this law. Would someone who is in favor of weapons of minor destruction please post facts, statistics and evidence demonstrating conclusively how dangerous it is to go to these places.
But you can't.

By: PYRO on 7/2/09 at 11:37

We don't have to prove anything. It was meant by our founding fathers for us to have the right to protect ourself form criminals and governments alike. Look it up yourself. It's law now. You do the reasearch. John Adams is a great person to research.

By: PYRO on 7/2/09 at 11:37

Thomas Jefferson.

By: PYRO on 7/2/09 at 11:38

Benjamin Franklin

By: PYRO on 7/2/09 at 11:38

James Madison

By: PYRO on 7/2/09 at 11:40

As long as people want to be free, the left will never prevail

By: Kosh III on 7/2/09 at 11:45

Freedom??? That's a joke. How many of you avowed "conservatives" scream bloody murder over the thought that gay people should have the freedom to marry?

Typical Republicanism: "I got mine--frak you!"

By: Cookie47 on 7/2/09 at 12:19

Kosh, you scream about wanting your rights but what about everyone else? I couldn't care less if you want to be in a same-sex marriage. Go for it. I dare say a majority of people couldn't care less about gay marriage. I could be wrong on that. I personally happen to believe being gay is a trait with most gays, not just a choice. I have a cousin who's gay. It wasn't something he chose. He just is.

But, once and for all, please explain to me why anti-gunners have a problem with law-aiding, HCP holders carrying a gun. I've stated all we have to go through to get them so I'm not doing it again here unless needed but I would really like to know your reasoning.

You want the right to marry your partner. I can understand that. We just want to exercise our rights under the 2nd amendment in a legal way. Why do you anti-gunners have such a problem with that but you're not screaming to high heaven about the criminals and what they're doing?

Cookie47

By: JohnGalt on 7/2/09 at 12:22

Sorry Kosh. Your panties are wrongly in a wad. It's up to the anti-gunners to prove the laws makes going to a restaurant inherently more dangerous.

By: PYRO on 7/2/09 at 1:02

Great argument there Kosh III. Way to changed the subject completly off course because your stance has so many holes in it, it wouldn't even hold Jello much less water.

By: PYRO on 7/2/09 at 1:06

Here is a great article for you to read Kosh III. I mean if you for real when you asked for evidence.

http://en.wikipedia.org/wiki/George_Hennard

By: Kosh III on 7/2/09 at 1:23

cookie, since 85% of the "freedom-loving" Tennesseans voted to forbid gay taxpaying citizens from marrying, I'd say " dare say a majority of people couldn't care less about gay marriage." is way wrong. Where you been??

Just look at Pyro and Galt. They prove my point right there.

Thanks Pyro I will look at it. Too bad there isn't a real forum for discussion here, and the one at the Tennessean is moribund because Gannett doesn't like them.

By: PYRO on 7/2/09 at 1:25

Here is another article. The wife and husband both had permits and couldn't bring in their weapons because the place served alcohol. She was present when they passed the bill.

http://www.wkrn.com/Global/story.asp?S=10124657

I know you will not change your view. I have friends that feel the same way, but maybe some kid will read these posts and realize that everything the media or their liberal teachers say and teach needs to be questioned.

The anti-gun people seem to be pushing hard. The time to stand our ground has passed. It's time to push back and take our rights back.

By: Kosh III on 7/2/09 at 1:27

One incident 18 years ago? Is that the best you can do. How about in Parks? In Tennessee?

/sarcasm alert/ And of course any law signed by Bush MUST be wrong, thanks for proving once again that "It's Bush's fault!"

By: PYRO on 7/2/09 at 1:32

I hate to tell you Kosh III, but I have never supported or faught against gay marriage. I do not feel passionate about the subject because it really has nothing to do with me directly. I merely stated it had nothing to do with the current discussion.

By: PYRO on 7/2/09 at 1:36

If you wanted guide lines to the argument then you should state that at the beginning, otherwise it looks to me like you are just comming up with excuses to dismiss evidence. I have included a very current event in another post.

By: PYRO on 7/2/09 at 1:40

BTW, how many is enough? I imagine like I said before there will never be enough evidence for certain people. Sometimes only a life chaging event will change someones mind and I do not wish that an anyone.

By: Cookie47 on 7/2/09 at 2:21

Kosh wrote: "cookie, since 85% of the "freedom-loving" Tennesseans voted to forbid gay taxpaying citizens from marrying, I'd say " dare say a majority of people couldn't care less about gay marriage." is way wrong. Where you been??"

This article isn't about gay marriage so I won't dwell on it except to say I'm a conservative, not a Republican, and I couldn't care less about the color, religion, or orientation of a person. It's the content of their character that matters to me.

Now, back to the topic at hand. I still haven't gotten a serious answer to my question. HCP holders just want to exercise our rights under the 2nd amendment in a legal way. Why do you anti-gunners have such a problem with that but you're not screaming to high heaven about the criminals and what they're doing?

Lets take out all the screaming at one another and have a honest conversation about the topic. I'm honestly interested in to know the answer to the above question.

Cookie47

By: pandabear on 7/2/09 at 2:58

" By: Kosh III on 7/2/09 at 7:12
I have yet to see any evidence pointing to the need for this law. Would someone who is in favor of weapons of minor destruction please post facts, statistics and evidence demonstrating conclusively how dangerous it is to go to these places.
But you can't."

If you really want an answer, look at the article today on
the 63 year old retired guy that was attacked by a young
punk with a bat in the Green Hills Mall parking lot.
The guy attacked just a few steps from the car.
They caught the scumbags, but he now needs 24 care.

Then a few days later, an 18 year old had the same type
experience in the same place: The Green Hills Mall parking lot.

Is that dangerous enough ?

Cops come afterward. It's not their job to protect you.
It's your job. I mean, they'll do what they can when they can,
but it's still your job, not theirs.

By: Cookie47 on 7/2/09 at 3:16

Pandabear, nice try but the incident you wrote of did not happen in a restaurant. I understand where you're coming from but Kosh won't. He'll say it's a none-restaurant incident.

I'm still waiting for him or any other anti-gunner to answer my question calmly and honestly.

Cookie47

By: Kosh III on 7/2/09 at 3:29

cookie
"Why do you anti-gunners have such a problem with that but you're not screaming to high heaven about the criminals and what they're doing?"

I think we can agree here. The Legislature should have spent it's time not pandering to the NRA, anti-abortion and gay-bashing crowd,
but instead should have addressed the issues of inadequate sentencing, and early parole among others. Real issues of crime, not imagined slights to a freedom to bear arms which has rightly been supported by the US Supremes.
Today there was an article about someone who was let out halfway thru the sentence, and immediately started thieving. This person had 13 convictions in as many years.
That is the kind of issues that should be addressed but isn't.

I am not against guns, just violence and the violent who use them.

And yes, LOL it was not a restaurant.

Have a GREAT weekend!

By: Cookie47 on 7/2/09 at 4:52

First, you're lumping Conservatives/Republicans into a single group and you shouldn't do that. For example, I'm a Conservative but:

On abortion, I don't believe in it but I also believe I nor anyone else has the right to tell a woman what to do with her body. Is it a new life at the time of conception? I think yes, it is but, unless I help conceive it, it's none of my business.

As for gays, as I've stated before, I don't care about their orientation anymore than they should care about mine. People that judge someone simply due to their sexual orientation need to open their minds and realize that most of the time it's not a choice, it's who that person is. I realize I'm in a minority in this way of thinking in Tennessee and it'll take a while to change/open peoples' minds but it'll happen.

Yes, I'm a member of the NRA and the United States Conceal Carry Association (USCCA). These are both groups that work to preserve the 2nd Amendment as part of the Constitution. The NRA has a lobbying group just like the gays have lobbying group(s). Both the NRA and the USCCA also provide information on training, safety, and products for their members. It's simple, Kosh, we need these organizations because if they can take away the Second Amendment, it's only a matter of time before they chip away the rest of the Constitution.

In a perfect world politicians would do what the citizens wanted. They've forgotten they work for US, not the other way around. If they listened to US, there would be no need for lobbying groups. If they listened to US, there would be stiffer sentences for the criminals. If the criminal got the message that if you do the crime, you will do hard time, chances are the crime rate would go down. When I say "hard time", I mean no early release, no parole, no TV in your cell, etc. - PERIOD. And, yes, we should have the death penalty when there's irrefutable evidence the person committed murder.

In a perfect world, there would be no need for the police much less for me to carry a gun. Until that day comes, I have and want to keep the right to protect myself and my family. If the restaurant owners don't want the guns in their businesses, under law, they have a perfect and justifiable right to post a sign stating "No Guns". By the same token, I have the right not to patronize those businesses.

I can assure you if a sign is posted, a HCP holder will not carry into that restaurant. They'll either leave it at home or in their vehicle or go to another restaurant. Unfortunately, the criminal doesn't care. They'll carry into any no gun zone they want and it won't matter how many signs are up.

I've gotten long here but I hope I've made my point. The HCP holder is not the enemy. We are people that have and want to keep the right not to be the victim, to protect ourselves and our families. I personally hope I never have to draw my gun except to put it away each night and I feel certain every HCP holder feels the same way.

Just remember, Kosh, we're not the enemy.

Cookie47

By: idgaf on 7/3/09 at 9:41

By: Kosh III on 7/2/09 at 7:12
I have yet to see any evidence pointing to the need for this law. Would someone who is in favor of weapons of minor destruction please post facts, statistics and evidence demonstrating conclusively how dangerous it is to go to these places.
But you can't.

Such narrow mindness/tunnl vission.

CCP holders are more responsible then most and the point is that your gun is safer on your person then left in the car where it can be stolen while you are eating in the idiots place.