And Rich notes the judge appears clueless.

Update: According to a former judge acquaintance, this ruling is not applicable anywhere but the county. Unless it is upheld by another court (which it won’t be), then it becomes case law.

Update 2: The TN Dept of safety advises that it is not the law anymore. Not sure if that’s an interpretation or some sort of ruling. So beware out there.

Update: more from the city paper.

From Misc

Note that it is actually one of the few TCA compliant signs that I have seen. But when you walk inside, you see:

From Misc

Ok, then. A place I won’t eat.

One of the lawyers that wants the government to prohibit carry permit holders from going in restaurants that serve alcohol is defending those restaurants for selling alcohol to minors.

I thought Will Cheek was all concerned about safety and stuff?

Supporters of blocking public access to the names and addresses of Tennesseans with handgun carry permits appear to have a hard time keeping their hands off the records.

An Associated Press records search has found copies of the state’s database of more than 257,000 handgun permit holders were recently requested by the National Rifle Association, the state Republican Party and a direct mail contractor that has done extensive work for the GOP’s legislative caucus.

Yup. Folks who advocated keeping the list private are snooping through it.

Barrett wants to widen Miller Lane and extend it by 550 feet, at no cost to the city or county.

Barrett says 4 years ago TDOT agreed to the project, but later changed its mind about allowing use of the public right of way along I-24.

He says, “They responded in writing, yes we’re in favor of this. The fence could be moved so the extension could go forward.”

FOX 17 asked TDOT for a comment but since a lawsuit has been field, state officials say they can’t comment on pending litigation.

Barrett recently completed a $4 million expansion, believing TDOT would allow the roadway extension.

Without it, the building isn’t accessible to commercial vehicles.

Cooper writes in the opinion released Wednesday that Tennessee’s firearms ban for felons has exceptions for those who have been pardoned, had their convictions expunged or have had their civil rights restored.

But Cooper says the law doesn’t provide those exceptions for handgun ownership by people convicted of certain violent crimes and drug felonies.

I’m not aware of the laws he’s referring to. So it should be an interesting read once the site comes back up. After all, I thought being pardoned and having your rights restored meant that you were actually, err, pardoned and had your rights restored.

Update: Looks like there are two laws at issue. And that a pardon does not erase a crime. Seems the logic is sound but I could see a case being made the other way.

Senator Mae Beavers recently supplied a letter describing the Tennessee Firearms Freedom Act passed earlier this year to the lead plaintiffs in a suit filed against the federal government, who in September claimed that both the Tennessee and Montana Firearms Freedom Acts were null and void. In the letter, Senator Beavers discussed the overwhelming support for this bill amongst the Tennessee General Assembly, with a total of only eight Senators and Representatives voting against the bill during session.

I really don’t think relying on that bill is a sound legal strategy. The lawyers I’ve talked to agree.

Up to that point, I was on public streets and in a coffee house. In the latter, I was surrounded by hipster doofuses (doofi?). I didn’t know we had those in The City (My The City) as I’d never seen one before.

Anyway, at some point I looked up and realized I was actually in a park. I didn’t really notice entering the park until I was there. I’m a criminal.

As you probably know, I carried the bill that allowed for gun carry permits in Tennessee. I am the only candidate for governor that has a carry permit. I am a huge advocate for gun owners in Tennessee, both as a state senator and Lt. Governor.

I wonder if the clerks report accurately to the federal system? Anyway, I would imagine the state needs to fix this. If we’re going to have background checks done by the state, they should work. Otherwise, they may want to use the national system.

Several legislators criticized the use of cameras to issue traffic tickets Wednesday during a hearing on whether state laws should be revised to put more restrictions on the practice.

Representatives of police departments in Knoxville, Chattanooga and Gallatin told the House Transportation Committee that traffic cameras are reducing accidents and saving lives. But they faced sometimes critical questioning and comments from the lawmakers.

Rep. Richard Floyd, R-Chattanooga, said private companies operating the systems are “making money had over fist” while “intimidating the daylights out of our citizens – particularly the elderly.”

Rep. Joe McCord, R-Maryville, said after Wednesday’s meeting that he opposes “privatizing fines for profit” and suggested consideration of a law to require that companies only receive payment for services rather than splitting revenue with cities, as is now the case in Knoxville and other municipalities.

ZOMBIE NIGHT!

Come test your skills against the attacking horde of the living dead!

Zombie killing night at

Range USA, Inc.

Friday, October 30, 2009 and Saturday, October 31, 2009

6:00pm-9:00pm

Advanced tickets: $10

Tickets at the door: $15

A ticket entitles the bearer to one run through zombie zone and includes the guns and ammo needed to kill the zombies. So, remember if you want to run more than once you need more tickets! We will have semi-autos, full-autos, and other special shotguns and rifles (such as the Kriss Super V).

Woohoo. Kriss Super V.

Kidding aside, in Tennessee, there is a push to allow gays to adopt. And Martin Kennedy says the dumbest things about it:

There is no need for gay adoption, no compelling argument.

Well, if you say so, I have to believe it, I guess. After all, you’re a Kennedy! Actually, there are plenty of compelling arguments. One is that it is better for kids to be in a loving home than in state custody. Even if that home has gay cooties. And there’s also a compelling argument if, say, a parent is killed and willed their children to a gay relative.

Via Aunt B. who says that even though it may make Mr. Kennedy feel bad to be called a bigot, that he is one.

Also, the police wrote the citation incorrectly.

Via Main Street Journal, who calls it mistaken gun carry.

Investigators hired by New York City conducted stings at gun shows in states that have not closed the “gun show loophole” and found some vendors openly selling weapons to buyers who admitted they couldn’t pass background checks.

The stings, described in a city report released Wednesday, were conducted at seven gun shows in Tennessee, Ohio and Nevada. Those states are among the many that permit private unlicensed dealers, known as “occasional sellers,” to sell weapons at gun shows without conducting background checks.

A few things. Stings are done by police under color of law, which investigators from NY are not when in Tennessee. The gun show loophole is a scary catchphrase for lawful citizen to citizen transfer of a firearm. And occasional sellers are just regular citizens selling personal firearms.

That said, last time Bloomypoo tried this, the Feds were none too happy because he compromised their investigations.

Private investigators came to Tennessee and unlawfully purchased firearms. Now, if I were Bill Haslam, I’d probably come out with a harshly worded presser right about now blasting Bloomberg’s unlawful actions.

Update: In comments:

Notice that they stayed out of Virginia this time?

I wonder why

Update: In comments, Sean notes that the investigators could have been local. But there was that whole section of the report where they tried to buy guns while saying they were out of state and the dealers were pretty good about asking for drivers’ licenses. That would be illegal in the case of handguns.

It doesn’t matter what party. It doesn’t matter what office. The gun issue shoots straight to the heart of a subject of intense interest to an important bloc of voters. Depending on where they stand, politicians at all levels are either in, or out, of the line of fire.

The Union City Daily Messenger printed an article from The Tennessean stating that 70 cities have banned guns in parks.That may sound like alot but below you will find the facts. According to Tnhometownlocator.com there are 95 counties and 343 incorporated cities in Tennessee,that is 438 entities combined.That leaves 368 that have not voted to opt out,or not voted at all.If my math is correct that means 5 out of 6 allow it.So much for fair and balanced media.

The shameless grandstanding on this meaningless topic has been pathetic pandering. And by the way, how much time has been spent by various state and local lawmakers this year on guns-in-whatever topics as opposed to say, oh, education?

Trouble is, the pandering by lawmakers, time spent on the issue, and the bogus claim that it was the year of the gun are all overstated and exist largely in the imagination of Tom Humphrey. This year, the legislature passed five or so gun bills out of how many total bills? Hardly a giant margin. Knox County passed one gun resolution, out of how many? Thirty or so? A whopping 3ish%? Hardly an indication of how much time is spent on this.

Where most of the time was spent on these non-issues was at editorial boards and opinion pieces at your paper. Just saying.

Oh, and there’s that other thing. See, they don’t even have another candidate yet but they’re talking about beating him in the primary. Man, these dudes are smart.

And the good little kosmonauts are quick to throw their otherwise like-minded friends immediately under the bus. While under the bus, look around for ending the war in Iraq, opposing the PATRIOT Act and all that other stuff our progressives were yammering on about a few short months ago but have since forgotten about. Good times.

The Tennessean is the only Nashville news outlet to correctly report that felon who sold the gun that killed Steve McNair plead guilty to felon in possession of a firearm.

A handgun carry permit holder who carries a firearm into a county or municipal park where the county or municipality has prohibited such carrying could still be convicted of violating Tenn. Code Ann. § 39-17-1311 even if such county or municipality failed to comply with the posting requirements that are set forth in section 2(e)(2) of Chapter 428.

Update: A reader emails:

This might be a good time to remind folks that an A.G. opinion is just that, an opinion. Courts are not in any way bound by such opinions and regularly ignore them.

Good point.

Four months after the adjournment of a state legislative session dominated by gun bills

Ah, hyperbole. There were, what, four or five gun bills out of how many bills? Anyway, this isn’t a post about that, it’s a post about this:

Lawmakers heard testimony on a bill to allow people with handgun-carry permits to keep their guns in their locked vehicles on their workplace’s parking lots regardless of their employer’s policy on the issue. Current law allows employers to ban weapons from all their property, including parking lots.

The Rep asks whose rights are superior?

On one hand, a property owner can decide what otherwise lawful activities they allow on their property, which is also why I oppose smoking bans and such. On the other hand, my car is my property and their parking lot is available to the public.

Not a bill I’m particularly excited about.

I just got word that Nashville’s Adam Dread and Paul Helmke, president of the Brady Campaign, will debate two folks from the NRA about Tennessee’s guns-in-bars legislation and the Second Amendment in a panel discussion at UT Martin.

The event will be Monday, Sept. 14, from 7-9:00 pm at the University Center Ballroom at UT Martin. Apparently it is part of UT Martin’s “commemoration of the U.S. Constitution.”

Were the 14th not my first day back from the Gun Blogger Renezvous, I’d try to go.

ETA: Martin is no where near where I thought it was.

Revellers continue to show up for a good time on Beale Street with handguns on their hips or in their purses — only to be turned back.

And:

The task of keeping guns off Beale falls to PSI Security officers, who use wands to detect weapons at various checkpoints on the edges of Beale each weekend.

“We are still stopping a lot with weapons,” said Leonard Porter, owner of PSI. Guards ask patrons to return their guns to their homes or to their cars before coming onto Beale.

“We don’t confiscate them. We ask them to put them back in their cars,” Porter said.

“A lot of them are from out of state. Some are off-duty police officers,” he said.

The article notes most folks are carrying illegally. I wonder if they call the police on those who are not?

Today, September 3 at 5:00 p.m., the Knoxville City Council will consider an ordinance that, if passed would remove a long-time ban on the possession of firearms within city parks.

The meeting will be held at the City County Building located at 400 Main St. in Knoxville. You can also contact your city leaders Mayor Bill Haslam at (865) 215-2040 and the City Council Members at (865) 215-2075 and voice your thoughts of this resolution and effort to allow you your right to self-defense in local parks.

The original bill passed by strong numbers because their was an opt out provision. Some legislators from liberal districts knew their area would just opt out so they voted to allow others to do as they please knowing the law would not effect them.

And the Democrat party wouldn’t let a reporter join in any reindeer games.

That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.

A look at Regulating the wearing of arms in Tennessee, part 1.

Tennessee is now the only state to allow guns in bars.

That fib has been refuted here, here, and here. Here’s the data that lie is based on.

Also, the hand-wringing is strong when it turns out that there maybe issues with 14 people out of over 339,000 issued. Seems the courts aren’t doing their jobs notifying the state.

And, of course, complying with the law is a “loophole“.

There’s a lot less traffic on Beale Street … which made it a lot more enjoyable

Obviously, searching your patrons is good for business.

That depends.

First, is it a national park? If so, no you cannot. At least now. In February, you will be able to carry in a national park.

Is it a state park? If so, then you can carry your handgun there.

Is it a county/city/other municipality park? Well, then it depends on your location and what day it is. You cannot carry there until September 1. And on September 1, you may or may not be able to carry there depending on if said county/city/other municipality banned the law-abiding carrying of weapons. I’m not sure how you’d know this other than by perusing your local ordinances. Municipalities are supposed to post signs but, frankly, parks tend to have lots of entrances so I’m not sure that you can be certain that the absence of a sign where you happened to enter indicates it’s OK to carry there.

Then the people say to me Man, that’s a lot to keep up with. Sounds like it’s easy to accidentally break the law. I mean, if I’m walking through downtown lawfully carrying and take a step through the World’s Fair Park because it’s quicker, I’m a criminal.

And I say Yup. Local politicos have created a patchwork of inconsistent laws that you can’t possibly keep up with, making it very easy for handgun carry permit holders to break the law unintentionally. So, you should contact your state representative and senators and tell them to start working on the preemption bill.

The 14-year congressman declared that a recent assertion by the Bureau of Alcohol, Tobacco, Firearms and Explosives that the Tennessee Firearms Freedom Act had no force of law was “overreach.” The Firearms Freedom Act stated that federal laws do not apply to firearms, accessories or ammunition that is manufactured in Tennessee and that do not pass its borders.

Wamp said that the ATF’s decision was another reason to “meet them at the state line” and assert state sovereignty. Gov. Perry in Texas and Gov. Wamp in Tennessee are going to stand and say ‘the hell you say,’” Wamp said.

The act has, simply, no chance of standing up to a court challenge. There are better second amendment policies to challenge.

It’s different for a man to show himself than a woman. It’s another step in the wrong direction.

And why is that? Naked women are OK and naked men aren’t? In terms of what I want to see, I do agree, which is why I won’t go to that strip club. But if some one wants to go check it out, I don’t see why it’s OK for one and not the other.

“People have asked me what we’d do if President Barack Obama issued an executive order to take firearms away from the people,” said Wamp. “I’ll tell you what we’d do. We will meet him at the state line!”

While I admire the sentiment, I really don’t think any sort of order is forthcoming.

From Political

For those not local, the post is about a girl who ended a local politicos career by blackmailing him about their sex life.