Wow: Final Tenn. elk tag sells for $17,700 on eBay

If I’m ever in town, I’ll stop by:

Since the legislation passed that would allow people with concealed carry permits to bring firearms into restaurants that serve alcohol, Johnny Brusco’s general manager Kyle O’Keefe has given some serious thought to getting his own permit, so he could carry his own gun into work to make himself feel safer at night as he closes down the restaurant.

“I feel that people who are going to be carrying handguns illegally are going to carry them anywhere they want to and they’re not going to have any regard whatsoever for the law. People who carry legally should be able to carry anywhere they want to,” O’Keefe said.

Unlike other restaurants and bars in the city, Johnny Brusco’s plans to allow concealed carry permit holders to bring their firearms into the restaurant.

A local paper:

“He doesn’t have a permit for the gun as far as we know,” Monroe County Sheriff Bill Bivens said. “Some people have said this shooting happened because of the ‘guns in bars’ law, but I’m not sure it applies here as he didn’t have a permit to start with. And while it might seem obvious alcohol was involved, we don’t know yet whether anybody involved was drunk above the legal limit.”

As we said here yesterday, no permit. Shooter had a criminal record.

Tennessee’s AG says:

In an opinion released Monday, Cooper says the state’s new law to allow permit holders to bring their guns in city and county parks does not prohibit schools from using those facilities. But once they do, guns could would be banned there.

Cooper cites state law that bans guns in any area “owned, used or operated by a school.” He writes that non-student permit holders can store their guns in their cars while school-sponsored events are going on.

Look at me! I’m unconstitutional. Soon to be a collector’s item.

Tom Humphrey:

Basically, the majority said that illegal drugs are not subject to taxation under the state constitution, which authorizes taxes on “merchants, peddlers and privileges.” The tax is on possession, they reasoned, not sales so the possessors are not merchants or peddlers. And since possession of the products in question is outlawed, it’s not a legal privilege subject to taxation.

The majority did reject arguments that the law violates the U.S. Constitution’s provisions against self-incrimination and double jeopardy. In theory, that means the Legislature could revise the law – as in making the tax apply to sales of the drugs – and the statute could pass legal muster.

I think this is about the fourth time the tax has been ruled unconstitutional and about the third different reason.

Over at Knoxviews.com, Rikki tells us the law is going as anticipated since there was a bar shooting in Tennessee. Checking out the records, there are two Joshua Andersons that have handgun carry permits but none are from the area where the shooting occurred. I imagine it’s a common name and the guy could have a permit. But if it was confirmed, I’m sure all the local papers would be blaring it at us. And they’re not. Another news source says it happened at a campground, and doesn’t mention the karaoke bar. The establishment is on a campground and the only bar I know of in Tellico Plains isn’t this one.

Update: That was fast:

Authorities release man in fatal karaoke bar shooting

Investigation ongoing.

Update 2: According to my sooper seekrit sources, the place has a permit to sell beer.

Update 3: MKS reports the shooter in the bar incident was not a handgun carry permit holder.

An independent film made in East Tennessee. Via MKS.

Tennessee passed a law banning texting while driving. I called it stupid because endangerment already covers that and I said it would be unenforceable. Seems that most phones do other things. My phone is a word processor, data processor, camera, video camera, Mp3 player, web browser, GPS, data storage, email reader, RSS aggregator, other stuff I can’t remember and I think it’s even a phone too. So, if I am using a lawful application (like making a phone call since dialing is lawful, using my GPS, or hitting next on the MP3 player), how can officer friendly determine if I’m doing something lawful or texting? Well, he can’t.

I mentioned before their highly scientific method of scanning news reports to count incidents involving folks with handgun carry permits. Tom Humphrey notes what I mentioned then, that the study excludes three incidents in Tennessee. And it does. Of course, the study also includes some folks who did not actually have a carry permit and includes folks who were charged but were never convicted. Linoge notes:

they used the word “killed” and not the word “murdered”, and they specified “criminal charges”, but not “criminal convictions”. Both of those are remarkably significant rephrasings of the debate

And, of course, that’s out of over 3.5M permit holders nationwide.

Apparently one of Tennessee’s moral crusaders may have been caught with his pants down. ACK rounds it up.

A couple of interesting points brought up. After the recent pro-gun legislative victories here in Tennessee, Aunt B. wonders if the state legislators have squandered their political capital. And Humphrey looks the possibility that we’ll see some of these gun provisions rolled back, as our governor Bredesen said could happen. Anyway, it begs the question about whether or not our recent successes can damage future successes. Will there be a backlash? The supposed year of the gun (which is more accurately the year without Naifeh) could hurt our cause, some say. Personally, I don’t see it. Other than hand wringing from political sorts and pants-shitting hysteria from some editorial boards and lefty blogs, no one I’ve talked to seems particularly concerned about the various pro-gun bills. But we’ll see, I suppose.

Mentioned last week that ATF issued a letter that, unsurprisingly, said the TN Firearms Freedom Act was no good. They’ve issued a similar letter to Montana, the first state to pass such a law.

Went to get a haircut. The strip mall the place is in has several restaurants around. I went looking for no guns except for criminals signs. Didn’t see one. Decided to stop at the other popular strip mall area in The City (My The City) and still none. Not a one. Not at Chili’s, Ruby Tuesday’s, Aubrey’s, Uno’s, or Buffalo Wild Wings.

Linoge writes a councilman about the opt out option. Gets a response.

Chris Wage:

I’m sorry, but I’m not seeing the case for pants-wetting panic.

[...]

I’m not a “gun nut”. I’m not a Republican. I’m not a conservative. I’ve never owned a gun. I don’t own a gun now, and I have no particular interest in owning a gun. I also agree that guns and alcohol don’t mix. None of these positions is required to believe that private citizens are capable of making decisions on their own, or to see that this legislation will have very little real impact

Also, he notes an interesting bit about who can really know whether you can carry your weapon inside many places and asserts that the restaurant owners could do that. Yes, they could. But, then, when an establishment determines that it is a place off limits to handgun carry permit holders by law, that establishment may also be admitting that it’s not in compliance with liquor laws.

BTW, I thought Chris stopped blogging. Glad to see I was wrong.

Rusty breaks down what the new law does and doesn’t do. One quibble:

No drinking allowed, no age restrictions, no 51% rule.

Sorta. Restaurant defined includes: the serving of such meals shall be the principal business conducted. Legal folks I talk to seem to indicate that this may result in a presumed 51% rule as that would constitute the principal business conducted. It would also not be unreasonable to presume that a place that is age restricted may not have the principal business of selling food, other than the meat market.

A bit back, our legislature passed a symbolic bill exempting guns made in Tennessee from federal gun laws. The bill simply will never pass any serious challenge and was basically a snub. Via WizardPC, it looks as though ATF has responded saying federal law supercedes.

I don’t advocate breaking the law and I don’t advocate getting on the internet and telling people you’re going to break the law. But Mack says he’s gonna carry like he always does.

Handy tip: In TN, it is an affirmative defense that a gun was used in lawful self defense.

And his wife go to dinner at Ruby Tuesday’s.

The rep tells us that the opt out of park carry option is good for gun owners:

At the local level, mayors, city councils and county commissions are going on record with their views. If your representatives views don’t match your own you can let them know, vote against them, work against them, donate to their opponents or even become their opponent.

True. The odd thing about this particular law is the opt out option. After all, other Tennessee gun laws are preempted by state authority. And this one allows municipalities to decide. Since a few larger cities have opted out, I see the likelihood that the legislature passes a bill removing the opt out option as more likely. And it’s consistent with Tennessee’s existing preemption on other gun laws.

The TFA has created some cards to leave at restaurants that post no guns, unless you’re a criminal signs.

Chattanooga bans guns in parks.

Via Jack.

Aunt B. looks at Tennessee’s year of the gun. She notes what we’ve said all along: we have the facts the other side has dick jokes.

After all, these people are just compensating for the size of their penis.

You, generally, have no way of knowing if you can carry in a place that serves alcohol in Tennessee since the legality is mandated by the percentage of revenue that comes from food sales. So some are offering advice on how to tell.

I’d advocate asking them for their last years’ tax returns and a current monthly profit and loss statement. You know, to be sure.

In The City (My The City), not much expected to happen, other than lame headlines from the local fish wrap.

In Nashville, a place I’ve never heard of called Tootsies is, and I am not making this up, using metal detector wands on patrons. Yeah, that’ll be good for business. Talk about over reacting. Rich notes:

Oddly, they weren’t as concerned with the criminals who were carrying into their bar for the last 20 years. At least, not enough to spend money on metal detectors.

Yeah, when you fear the law-abiding more than criminals, you’re the one with the problem.

Meanwhile, we await the rivers of blood flowing in the streets due to the new law.

Armed man has lunch in a place that serves alcohol.

A mob of armed people descend on Ruby Tuesday’s!

Via ACK, comes word of Bredesen saying the anti-gun steam will pick up next year:

“I think an awful lot of people who didn’t really engage on this issue but felt very strongly on the other side might get engaged the next time,” Bredesen said. “This is an issue being driven by a few thousand people who are very passionate.” He credited recent press coverage with informing people [incorrectly - ed.] on the issue.

“I think an awful lot of people who didn’t really engage on this issue but felt very strongly on the other side might get engaged the next time,”

Yup, I’m sure the Brady Campaign will activate their Nashville division and spring into action. Oh, that’s right, they don’t have one. They exist on paper, in some folks’ minds, and in an office suite in DC. Whereas the gun rights folks have lots of grassroots activists who get stuff done. The other thing about it is, and it illustrates why we win, people are passionate about rights. People, other than tyrants, are very seldom passionate about restricting others.

Signal Mountain, Brentwood, and Williamson County have all recently passed laws prohibiting the law-abiding permit holder from carrying weapons in parks. The more cities that do this, the more likely it will be that legislators pass a law removing a municipalities’ opt out option.

A piece in the press about the restaurant carry lawsuit failing to get an injunction has an interesting image of a sign posted at the restaurant. I don’t know which restaurant that’s for but someone should inform them that their sign does not comply with Tennessee law.

Campaign for Liberty on why not Haslam:

Mayor Haslam discussed the story as I explained and he said his intention in the entire situation was simply to “stop the wrong people from having guns”.

I asked him “what kind of people are you referring to that you say shouldn’t have guns?”
And he responded with “felons, criminals, and those without a permit”.

Then I asked “so you believe we need a permit or permission to exercise a right guaranteed by the 2nd Amendment?”

Mayor Haslam said “well, for handguns yes”

I’m guessing Haslam probably meant for handgun carry and not ownership (i.e., handgun carry permit). Whether one agrees with that position or not, that is the law in this state.

Via ACK.

A look at the restaurant carry lawsuit.

The beeb has a look.

The silly restaurant lawsuit failed to get an injunction from the court:

Temporary injunctions denied. But judge thinks the case needs to be heard in full. Constitutional clarity of law needs to be examined.

The suit will also likely fail when heard in full, according to every lawyer I’ve discussed the issue with. So, tomorrow, looks like carry will be allowed in restaurants that serve alcohol.

Starts today. Kasey Dread (one of the lawyer’s wives) is twittering it.

Cops catch more criminals with guns. Tennessean blames it on legal gun purchases and carry laws that haven’t gone into effect yet.

A report on Tennessee’s handgun carry permits by the Department of Safety.

I found this interesting:

The average time it took to obtain an original Tennessee handgun carry permit days. For a renewal it was 90.22 days, and for a duplicate it was 29.10 days. took an average of 69.47 days to obtain a Tennessee handgun carry permit.

IIRC, they are mandated by law to issue a permit within 90 days. I do not know that they are required to renew one that quickly.

And it looks like the HCP program made almost $1.4M this year.

TN Governor Bredesen May 2009:

to carry a concealed weapon into a crowded bar at midnight on a Saturday night defies common sense.

Guns and alcohol don’t mix

He vetoed the bill that allowed those with handgun carry permits to carry in places that serve alcohol as long as they didn’t drink. But last week, he signed into law a bill that allows off duty police to carry concealed weapons into places that serve alcohol. I guess police have magical powers to ward off booze that they kept trying to tell us permit holders would drink while carrying, even though that’s still illegal.

Also, note the press coverage. When it’s for police they refer to establishments that serve alcohol. When it’s for handgun carry permit holders, they’re all bars.

A push for age limits on private sales of firearms.

Realtors carrying guns.

Preemption coming: Murfreesboro, Clarksville outlaw guns in parks

No, Tom, it was not the Year of the Gun. It was the year Naifeh lost power.

A piece on Ronnie Barrett being elected to the NRA board of directors. I met him briefly at the NRA convention a couple years ago. Nice guy. And I like that he won’t sell his weapons to California law-enforcement since they pushed to have his weapons banned.

And not for the fact that a 62 year old man can’t fight off four attackers with his bare hands.

Since McNair was killed by someone who bought a gun without going through a licensed dealer, there is a push (and by push, I mean casual mention by one person picked up on by the press) to look at regulating person-to-person sales:

“You should not just be able to walk up and down the street and buy a gun,” said Sen. Thelma Harper.

[...]

In Tennessee there is little regulation surrounding the private sale of guns, but age requirements and background checks are required in order to purchase a gun from a firearms dealer.

“A 20-year-old cannot make that purchase from a gun shop. They would be stopped by the gun dealer,” said Cavanaugh.

I don’t see the bill getting anywhere. And regulating all person-to-person transfers will create all kinds of problems for the law-abiding from, say, gifting a firearm to a family member or just selling one you don’t use anymore. More:

“Here we have one incident that is getting a lot of publicity, and is that a reason just to go out and change the law, just because of that once incident?” said Rep. Debra Maggart.

Well, that’s how gun controllers usually push their agenda.

The restaurant carry bill passed. There’s a lawsuit to get it overturned. The latest tactic is to claim that the bill is unfair to handgun carry permit holders.

A bit back, I mentioned how some person from the Tennessee Secondary Schools Athletic Association threatened to hold his breath until he turned blue unless Murfreesboro banned guns in parks. Here comes the back tracking:

The Tennessee Secondary Schools Athletic Association is backing off its earlier stance regarding guns in parks.

The Chattanoogan:

Red Bank Commission members voted 4-1 Tuesday evening to postpone a vote on whether to prohibit guns in parks for two weeks.

The suggestion to table the matter came from Commissioner Greg Jones, who said he has had second thoughts about the matter since being contacted by numerous people who opposed the ban.

In Jackson:

A TFA email alert is reporting that the Jackson City council has rejected a ban on park carry in Jackson parks.

Williamson Co. to ban guns in parks. Good way to get preemption.

And not that he’s not shotgun-proof:

Police said the two suspects went up to their intended victim with a shotgun and announced the robbery.

According to police, the victim, who is a permitted gun holder, pulled out his weapon and fired.

Fifteen minutes later, police said one of the suspects showed up at a local hospital with a gunshot wound.

Despite their lockdown to keep out law-abiding gun owners, some law-breakers got in and shot the place up. But, don’t ya know, it’s not their fault. They just can’t lock up the whole place:

“Fortunately, we were able to keep everybody here safe,” Onzie Horn, head of the Beale Street Merchants Association, said Monday.

Horne’s message followed the Sunday morning shooting at the corner of 4th and Beale outside the Plush Club. Horne says The Plush Club and surrounding areas are outside the historic district – and the safety net provided by the Merchants Association.

“They’re totally beyond our reach and our control,” he said. “We wish we could exercise some greater influence there. Our hope is the city will address that problem.”

Club owners say there is no problem. In fact, a promotional video is posted on The Plush Club’s website addresses security.

“From the moment you walk through the doors you start feeling safe,” Vanderbbilt Harris says in the video. “My first checkpoint is my security guards that stand at the front door there.”

Club owners declined an on camera interview, but sent an e-mail to Action News Five blaming Beale Street.

In an email, club owners say the shooter was not a Plush Club customer, but had rather just left Beale street. “Don’t hold our reputation responsible because something happened near our establishment. Be fair, we don’t benefit from those large unruly crowds,” the email says.

Everybody was safe. Except those five people that were shot.

Isn’t it unlawful for someone under the age of 21 to purchase a handgun?

And Mike Lupica is a Horse’s Ass

Update: For the record, I am aware that there is no prohibition on possessing a handgun at age 20. And that a sale could have taken place through a person to person transaction. But I’m curious to know how the police figured out she bought since she would have not gone through typical channels to obtain the gun and a trace would likely not have discovered that she did.

This past weekend, we had a football star get shot and killed. Steve McNair’s death is, naturally, reason to condemn guns and gun owners.

Five injured in a shooting near a bar on Beale Street. How’s that lockdown coming?

In Memphis, dozens of police guns have been stolen and some are showing up as crime guns.

ACK lets us know that the lawsuit has been filed. Also, Nate Rau continues to publish complete bullshit:

“I would not file a lawsuit that I did not think had merit,” said Smith, whose legal research showed proponents of the new state law quoted faulty statistics regarding guns in bars policies nationwide.

Nate Rau continues lying about the supposed extensive legal research (see here, here, and here). Odd, though. Claims that the stats are bogus probably won’t be an issue in a court case. I think it’s just another opportunity to parrot their made up research.

And this lawsuit having merit will come as a shock to anyone I’ve talked who is remotely knowledgeable of Tennessee law. Still, I’m glad they’re doing this instead of something.

ACK notes there’s some question as to whether an email actually came from Bill Haslam’s blackberry. It’s not unheard of. Zach Wamp actually emailed me once from his blackberry. He then responded quickly to me and also asked that I not give out his personal email address.

The Tennessee Secondary School Athletic Association has told the city of Murfreesboro If guns are allowed in Murfreesboro’s parks, the city can expect to lose the Spring Fling. This event apparently brings Murfreesboro about $3.4M. Says Bernard Childress, head of the TSSAA:

“This is a zero-tolerance issue — period,” Childress said. “We don’t have a written policy. But if anyone had a gun where our kids are, we wouldn’t be there. There is no way possible that we’d allow a gun in one of our events.

Oh teh noes. Kids will be around lawful gun owners. It’s so important we didn’t even write it down.

Here’s a link to TSSAA’s sponsors.

Memphis Daily News:

Later this month, Beale Street will break out the hand-held metal detectors at the entrance points and use other security measures to keep guns out of the three-block area day and night.

The new measures are a reaction to the Tennessee Legislature’s passage of a law permitting those who legally own handguns to carry them concealed in places that serve alcohol as long as they aren’t drinking.

“When this street is closed it actually becomes a private street under our control. Most people don’t understand that,”

A privately owned street? Interesting.

Nashville City Paper:

Nashville Attorney David Randolph Smith officially will file a lawsuit Wednesday challenging the guns in bars legislation passed by state Legislators a few weeks ago.

[...]

The plaintiffs will allege that the bill is illegal on eight counts. Among them being, that the law is an unlawful public nuisance that threatens the life, health and safety of the public, as well as violating due process and increasing civil liability for the restaurants.

Plaintiffs claim it also violates Tennessee’s Occupational Safety and Health Act that expressively requires as a matter of federal and state law that employers provide a safe work place for employees. While a permit holder cannot drink alcohol while carrying a loaded weapon in a bar or restaurant, the new law doesn’t stop that person from having previously consumed alcohol.

You’ll recall that the lawyer in this case was the one who did the extensive legal research that Nate Rau claimed debunked the statement that 40 states allowed carry where alcohol was served. And you’ll also recall that it’s bullshit (see here, here, and here). Anyway, this lawsuit’s chance of success is about zero. State has broad discretion in regulating guns and restaurant owners can put up signs prohibiting carry.

I’m glad they’re doing this instead of something.

The TFA responds.

Tennessee has a whole host of new laws that go into effect today. Some stupid. Some real stupid. And some inoffensive.

First up, is the no texting while driving law:

Rachel Nichol says reading or sending cell phone text messages while driving isn’t such a good idea — she’s had five fender benders, including one in a fast food drive-thru.

“I was texting and I rear-ended someone each time,” said Nichol, a 20-year-old Nashville bartender. “You’re not looking at the road. You’re only using one hand to drive and it’s really dangerous.”

That’s why she supports a law prohibiting the behavior. It’s among new Tennessee laws that take effect on Wednesday.

You see, because Rachel is an idiot, you must be one too. It only makes sense. For the children. I mean, if only it was illegal, then she wouldn’t do it. The law was unnecessary as our AG already said that it could be viewed as endangering others. It’s also going to be hard to enforce because your phone does other things too, like make phone calls. Ya know, my phone is also an MP3 player so if I’m changing the song by hitting the forward button and a cop sees me, he might think I’m texting.

Up next is a law designed to expand no-pedophile zones. You see, yesterday, pedophiles and sex offenders were required to stay 500 feet away from schools, parks, daycares, and playgrounds. Today, they must stay 1,000 feet away. That’ll help.

Also, a few more that aren’t bad.

We can now order wine and have it delivered. My wife already signed up for some wine club deal.

No more thumbprints for gun sales.

And it’s illegal to aim a laser pointer at firefighters and emergency medical technicians. Seems to me that, like the texting law, that would already be illegal.

A push to opt out of allowing carry there.

A bit over at WATE on local restaurateurs on the guns in restaurants bill. And notes a few restaurants will be putting up signs saying they don’t want money from the law-abiding:

Patrick Sullivan’s, along with the Crown and Goose in the Old City, tell 6 News they plan to post signs.

Mary Mancini is glad that a gun bill may inconvenience law-abiding citizens:

Apparently, he’s [TFA's John Harris] upset because he carries his gun at all times and if Davidson County opts out of allowing permit-holders to carry in parks, he’ll be unable to cut through the grassy area on Church Street to get to his office.

Call the wahmbulance, Harris.

Our liberal radio host must take some sort of comfort in her side’s one small victory out of Tennessee’s recent passage of civil rights legislation expanding the right to self-defense. And that one small victory is Harris gets some exercise.

This is one of the reasons why on gun laws, except for this one, Tennessee has preemption and the state decides what the laws are. When the localities set up their own laws, it creates a patchwork of inconsistency that no one can keep up with. Say I carry in a park in my hometown, then go somewhere else where they opted out. I’ve broken the law for doing something that I’m accustomed to doing. It doesn’t make me a hardened criminal. Just a guy who doesn’t carry copies of the local ordinances around in my pocket. Who can keep up with it? Or, as Harris illustrates, you take a simple shortcut and find yourself running afoul of the law. But that simple point is lost on a simple mind.

Anyway, I actually like that various cities in the state are opting out of the bill. Because, and mark my words, next year a bill getting rid of that option will wind its way through the legislature.

Heh

Bernie Ellis, who had the TBI pay him a visit on bogus charges of terrorism over a comment he left online, is filing complaints against TN’s secretary of state. The comment that started it is here.

Glenn notes that the SecState’s involvement in Tennessee’s Official History is a bit ironic.

NRA has made a request:

As anticipated, Tennessee counties and municipalities have started to opt-out of the park carry law passed by the Tennessee General Assembly during the 2009 session.

Please contact your local officials and respectfully ask them not to create a confusing patchwork of laws that will close off local parks to law-abiding permit holders, who simply wish to be able to protect themselves and their families.

If you have any information on Tennessee counties and municipalities taking steps to opt-out of this important self-defense law, please contact the NRA-ILA’s State and Local Affairs Division. Contact information is provided below.

Email: state&local@nrahq.org
NRA-ILA, State & Local Affairs
C/O Scott Stevens
11250 Waples Mill Road
Fairfax, VA 22030

Phone (703) 267-1217
Fax: (703) 267-3976

I’ve gotten word that they met the quota and Tennessee will now have NRA license plates.

Tom Humphrey names the Tennessee Firearms Association’s John Harris Lobbyist of the Year. Well, Naifeh losing the gavel did open the floodgates.

Some language in the park carry law in Tennessee allows municipalities to ban carry in their parks. Since some cities are in a rush to enact such a ban, I imagine preemption will be on the table next session. Meanwhile, the rep:

When election time rolled around everyone could be for the second amendment because their was nothing to vote for or against. Now, it will be a local decision and the local officials will have to go on record as some of them go into an election cycle. Will those people who said they supported the constitution still stay as strong as they once said they were or will some tunes change?

Copy of a letter I received from state Rep. Joshua Evans:

I encourage you to take the next step in standing up for our Second Amendment rights by opening the legislative complex to carry permit holders. As you know, Legislative Plaza and the War memorial Building are currently posted to prohibit law-abiding carry permit holders from carrying firearms into the buildings when coming
to visit their own elected representatives or to attend legislative sessions. Therefore, any law-abiding permit holder visiting the legislature must leave their gun in the parking lot. We must not be hypocritical in telling our permit holders we trust their judgment all across the state, but not in our workplace. I feel confident lifting this
ban would not affect the safety of visitors or ourselves while at the legislature.

The attorney whose research fabricated out of whole cloth a rebuttal to the claim that 40 states allowed lawful handgun carry in places where alcohol was sold (see here, here, and here) is heading up a lawsuit to thwart the law he misrepresented. And they’re still misrepresenting their findings:

“Our legislators were actually mislead by some slick lobbyists to believe this is common in 37 other states, and it is law, and it was just a flat lie, and they fell for it,” said attorney Adam Dread.

First, it is 41. The only one lying is you. Here’s the data you are relying on and why your assertion is false.

But, I’m glad you’re doing this instead of something.

Regarding Lamar Alexander’s inaccurate statements on the guns in national parks bill, Michael Silence and I were having an offline conversation. And I was still telling Michael that the Senator was wrong. And his spokesperson was wrong. Then, Michael quipped:

I just think it’s very cool a US senator has responded to a blogger

You know, that is pretty damn cool. So, hats off to Senator Alexander and his staff. You’re still wrong about the issue but at least you’ll address with bloggers.

Just like speaking your mind at a rally, leaving online comments critical of your government are viewed as terrorist threats by the powers that be. Fortunately, TBI disagreed.

From TN Criminal Lawyer Blog: As you can see from reading the revised statute, the “guns-in-bars law” is not as sinister as many would suggest.

AC lets us know that when you are stripped of your civil rights without due process of law, that there’s a procedure for giving up those civil rights.

A non-response to my post here has been posted here and here:

Senator Alexander’s letter is correct where it states that the Coburn Amendment goes further than state law.

The new Tennessee state law allows ONLY those with conceal-and-carry permits to carry in a STATE park. The amendment that Senator Alexander opposed allows anyone who can carry a firearm generally in Tennessee (conceal-and-carry permit or not) to carry a loaded firearm openly in a national park in Tennessee.

I did not say that he was incorrect regarding the bill going further than state law, because at the time TN prohibited park carry. So, he’s not addressing what I stated. And the only folks in Tennessee who can carry a firearm are those with permits. And those who carry into National Parks must comply with state law. So, his original assertion was wrong and his follow up is also wrong.

Facing charges for the police officers’ mistake:

A father and son are furious after surviving a terrifying experience. They face criminal charges after police responded to their home by mistake.

[...]

The officers charged the Chilton’s with resisting arrest and aggravated assault for the incident.

Police did not drop the charges even after learning they responded to the wrong house.

Story is from February.

A look at why the the bill did not pass:

It seems gun lobbyists and the Republican Party realized that, if the records were closed, they, too, would no longer be able to use the database, which was valuable for marketing and fund-raising.

While the Commercial Squeal laments The Year of the Gun, WizardPC tracks the progress we pro-gun folks have made in Tennessee.

A look at the sacrifice to the gods of racial politics.

State to regulate large capacity dog breeders.

Remember how they said whites who wouldn’t vote for Obama were probably racist? Roger wants to know about the inverse.

ACK reminds us that TN politicos did not make handgun carry permit information private.

I mentioned in this post that I emailed Mr. Smith. He has sent me his data. And his research does note states prohibit the carrying of arms in bars. And that includes Tennessee. As suspected, Rau’s report is misleading. A few issues:

The list includes statutes that ban carrying in bars. Tennessee does not define bars but the bill that passed does stipulate that the places have a kitchen and advertises meals. Some states do. For instance, in Texas, you can carry where alcohol is sold provided less than half of the revenue from the joint comes from alcohol. Also, the list contains Virginia. In VA, you cannot carry concealed at a bar but you can carry openly. It’s not really comparing apples to apples.

The list excludes all ‘may issue’ states except Hawaii. Some ‘may issue’ states (California, Alabama, for example) do not prohibit handgun carry permit holders from carrying where alcohol is served.

The list includes the ‘no issue’ states of Illinois & Wisconsin. And asserts a prohibition on carry in bars. Which is odd, since carry is illegal there.

So, when Rau asserts he is answering the question of:

So, do 37 other states have laws similar to the one Tennessee’s legislature passed this month allowing guns in establishments that serve alcohol?

He is wrong.

Data, as sent to me, below the fold.
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In this post here on alleged extensive legal research, Les comments:

The problem with the analysis Rau cites is that the analysis in no way matches the premise. Here’s the first paragraph of Rau’s article:

“So, do 37 other states have laws similar to the one Tennessee’s legislature passed this month allowing guns in establishments that serve alcohol?”

The analysis he cites only considers states that have shall-issue concealed carry permits.

Here’s why the analysis fails. There are states (like California) that are may-issue but that allow guns to be conceal carried in restaurants that serve alcohol. Likewise, there are states (like Montana) that allow guns in restaurants that serve alcohol if the guns are carried openly, rather than concealed.

Also, Pol says:

I have only looked at the laws that pertain to restaurants that serve alcohol, not bars, in other states, and there are 41 that currently allow carry. I would suspect that many of those states have ‘bars’ defines under law and prohibit carry there.

So, yeah, this story is almost certainly bogus.

On Beale street, the property owners are prohibiting law-abiding handgun carry permit holders from carrying there.

Humphrey reports the bill to close records of handgun permit holders failed to pass the senate.

The intern for a Democrat that apparently thought no one in is his address book had seen various internet memes got fired.

BTW, be careful with this internet thingy. It’s serious business. You can ruin people’s lives.

Update: Apparently, critical thinking is not the only thing Jeff Woods gets wrong. He was not fired:

Director of Legislative Administration Connie Ridley tells Post Politics that Graves was not fired or dismissed.

People were pointing out he was a Republican but they probably got that wrong too.

State employee sent racist email. Much hullabaloo about GOP being racist. Now, it’s the Democrat’s turn. Christian has some details on who it’s associated with.

Via ACK

TN restaurant owner is having a contest to come up with a sign that welcomes handgun carry permit holders.

Chattanooga, Nashville, and Memphis looking to ban handgun carry permit holders from carrying in parks.

Clenched fist salute: ACK

Tom Humphrey says the bill is on hold. Meanwhile, NewsChannel 5 Investigates (and by investigates, they mean makes stuff up) says that the TFA has changed its mind on the bill, and refers to them as the gun industry. Trouble is, they’re lying.

Folks kicked around idea of local municipalities banning weapons in restaurants. Someone asked the TN Attorney General. He says no:

No. While municipalities have broad discretion to regulate the sale of beer through the permit process as described in Tenn. Code Ann. § 57-5-106, a local ordinance banning “any person” other than on-duty law enforcement officers from possessing a firearm in an establishment with an on-premises beer permit is not the regulation of the sale of beer, but rather is a local regulation pertaining to the possession of firearms and is therefore prohibited by Tenn. Code Ann. § 39-17-1314(a).

This year, your mom gave you $100 per year with which to rent movies. Which of the following is a budget cut?

a – Next year, you get $90.

b – You tell your mom the cost of movies went up, so you’ll need $110. She gives you $105.

If you picked a, congratulations. You understand basic math and home economics. If you answered b, you should apply for a job on the Knoxville News Sentinels’ editorial board:

We are in difficult times, but the budget cuts the Republicans made had less to do with the economy than with political power, and it showed a callous unwillingness to invest in the future of this great state.

Current budget is $27.8B. The governor proposed $30B. An increase is a bit odd given that revenues for the state are declining. No worries, says the governor, we’ll just run up the charge card. If my income is less, I spend less. Not more. The state should do the same. Those evil legislators want to cut $200M from it.

A state employee sent out a racist email. Said employee worked for a GOP senator. Many calls for firing the employee. But being a state employee, that’s probably not going to be easy. MKS runs it down.

Folks are wondering what it’s all about. It’s about setting up a potential legal challenge and, as our governor said, has little to do with guns. I am not a lawyer so take the following with a giant grain of salt. Most folks seem to think the bill won’t really accomplish much, at least in the short term. And they’re probably right. The bill is about establishing a legal challenge to the commerce clause. Currently, there may as well not even be a commerce clause because the courts have ruled that, essentially, anything that is involved in interstate commerce even incidentally can be regulated. And that includes guns. They are regulated under tax law and as part of congress’ power to regulate interstate commerce. For instance, let’s say you mined ore from the earth, on your land, with your bare hands and made a machine gun. In theory, that’s lawful because US firearm laws specify the items to be regulated had to be involved in interstate commerce. But in reality, you’re looking at ten years in club fed despite not really being involved in interstate commerce in any significant manner. The clause may as well not exist. And this doesn’t just apply to guns but other things as well. Couple that with the tenth amendment, and you have the basis for a challenge. Shane wonders why guns and not other stuff. My guess (and I’m no lawyer) is because there are enumerated constitutional protections to gun ownership.

So, what will the result be? At some point, a group of smart crackers is going to create a very narrowly defined case to challenge a federal gun control law within the parameters of the new law. In Montana, which has a similar law, a group of people are going to make a single shot, 22 rifle without a license. Then send ATF a letter asking if they can sell it. When ATF says no, they will sue.

A few interesting bits about Tennessee law is that NFA items are illegal in Tennessee but it is an affirmative defense to possession of these unlawful items that you have paid an NFA tax stamp and gone through the NFA process. So, when R. Neal says:

The gun fetishists want to legally own sawed off shotguns and silencers and armor piercing bullets and stuff without having to apply (and pay for) a federal license. Fortunately, machine guns and grenade launchers and nuclear weapons and the like are excluded.

He’s likely wrong. Tennessee law still says that possession of shotguns, suppressors, and stuff is illegal. Though I can’t find anything in TN law about armor piercing ammo.

One interesting bit is that the TFFA does define sound suppressors as accessories and therefore exempt from federal rules. But TCA says possession of silencers is illegal, with going through the federal process being an affirmative defense. So, there is a bit of inconsistency there. And I don’t know that it matters if there is ever a distinction drawn between sound suppressor and silencer. I doubt it. But I’ll let a lawyer deal with the inconsistency.

Also, Tennessee does its own background checks and does not use the federal NICS system. So, gun sales are still subject to background checks.

So, seems a lot of bluster for nothing, as of now. That could change though, with an effective legal challenge.

Heh. A letter to the editor about the dogs in bars bill.

The NYT talks about Tennessee’s recent gun bills. Quotes the Paper of Making Up The Record:

“The Republicans are trying to embarrass the Democrats,” said John G. Geer, a political scientist at Vanderbilt University in Nashville.

“They want to put these proposals on the table not only because they believe in guns, but they want to force the Democrats to come out as anti-gun,” Professor Geer said. “You can see the attack ads forming already. The Republicans have won this issue.”

Yes. Also, the high focus on gun rights this past session was not just to poke the Democrats with a stick. After all, more than half of these guys seem to support the gun bills. It was basically catching up after the former speaker Jimmy Naifeh (D-balled) spent years killing the bills with parliamentary techniques.

Chattanoogan notes the Democrat Party Chairman Asks Local Action To Keep Guns From Parks, Restaurants. Good thing we have preemption in the state. Letters to the editor here.

Famous last words: What are you going to do?

In Tennessee:

More Tennesseans are applying for handgun carry permits than at any other time since the state began issuing licenses for concealed weapons.

From the first quarter of 2008 to the first quarter of this year, the Department of Safety has seen a 120% increase in the number of applications.

Handgun permit manager Lisa Knight says her 8-person office has been so overwhelmed, she’s brought on seven temporary employees to answer the phones.

That would explain the complaints I’ve heard of their slow turnaround time.