posted June 5, 2009
Senator Doug Jackson said he believes existing state law pre-empts any new ordinance that may be passed by Metro Nashville to use beer permit regulation to circumvent a new state law authorizing handgun permit-holders to carry in restaurants where alcohol is served.
He said Tennessee law, specifically TCA 39-17-1314(a), reads in part, "No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession, or transportation of firearms, ammunition, or components of firearms or combination thereof ..."
Senator Jackson said, "The proposed ordinance is clearly not the correct approach and is barred by state law. State law presently gives the restaurant owner the choice to prohibit handguns by posting proper signage.
"There is no need to remove options from restaurant owners or interfere with the rights of law-abiding citizens by revoking beer permits and punishing restaurants."
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