By Lucas L. Johnson II
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.
ARIZONA OKS GUNS IN BARS
The Arizona state Senate on gave final approval to a bill that would allow people with concealed weapons permits to carry a gun into a business that serves alcohol.
More than 127,000 Arizonans have concealed weapons permits, according to the Arizona Department of Public Safety.
