Repeal of the restaurant ban: Lessons from TN

[OakRidgeStars]

As with any gun rights issue, DC Gun Examiner Mike Stollenwerk is right on target with the repeal of the restaurant ban and how it's not as easy as it seems to change current law. Could this be a preview of things to come in Virginia?.

SNIP

Recent rumblings from legislative circles in Nashville suggest that gun rights backers Representative Curry Todd (R-Collierville) and Senator Doug Jackson (D-Dickson) are planning to legislatively override a judge’s opinion holding that the definition of “restaurants” in the exception to Tennessee’s general ban on gun carry is “unconstitutionally vague." Reportedly, the legislators plan to more clearly restrict alcohol sales under state law.

But some question the common assumption that Chancellor Claudia Bonnyman's “void for vagueness” ruling makes it illegal to carry guns in Tennessee restaurants today. John Pierce, co-founder of OpenCarry.org and a second year law student who owns a farm just inside Virginia near Bristol, TN is concerned. Pierce worries that the void for vagueness doctrine is being misunderstood "as a sword against criminal defendants instead of the shield from prosecution it traditionally provides."

Read more here
http://www.examiner.com/x-2782-DC-Gun-R ... ng-alcohol

[allingeneral]

Since Virginia already has strict control over alcohol sales (ABC Board) - and since the definition of a restaurant and a bar are clearly defined in the Code of Virginia (Title 4.1 - The Alcoholic Beverage Control Act) - I don't think this "Vagueness" issue will apply here.

[VBshooter]

It 's going to be interesting to see just what some creative judge, Senator,or Delegate may attempt to derail the bill. The anti's will have their problems with it much as some restaurants and the public in general will. Then it will get down to the dirty stuff. I don;t put it past any Judge or Legislator so inclined attempting a vagueness defense in order to stop it form passing or being put into effect. They've got new legislation on other subjects that is specifically written to provide a "substantially similar" definiton when applying another states law to VA's to further shaft an unfortunate victim of the current one. Myself I see no reason why someone won't try and use the "vagueness" issue if they can cite precedent and get support for it. It ain't over yet!