“Guns In Bars” Law Ruled Unconstitutionally Vague

A chancery court judge overturned the so-called “guns in bars” law today. That means handgun carry permit holders can’t take their weapons into restaurants that serve alcohol.

The law let carry permit holders bring guns into restaurants, so long as most of the restaurant’s business was serving food. But the judge ruled whether a restaurant serves more food than alcohol isn’t always obvious. And police could have a hard time deciding as much.

David Randolph Smith was among the lawyers arguing against the law.

“The lack of clarity in the law necessitated a better definition, because as the court ruled it was fraught with vagueness about where you could actually carry a handgun, and that’s what doomed the law, was the vagueness count.”

With the law overturned, Smith says Tennessee is back to its old rule – no guns where alcohol is served. The state could appeal that decision, but before that happens Smith says he expects legislators will try to pass a clearer law.

He says state appeal of today’s decision could take up to a year.