check your common sense at the door

I admit that I have not had a chance to read the entire idiotic ruling from Chancellor Bonnyman, but this is an interesting take on the situation, from someone who has more experience in the process than I do (and someone who is a lawyer, to boot):

It is pure speculation, but I see two possible choices for the Chancellor, with the 2nd choice being more likely.

1. The Court declares the entire statute, T.C.A. 39-17-1305, unconstitutional and unenforceable. This would completely eliminate the Class A misdemeanor of carrying a firearm where alcohol is served, so permit holders could carry in any restaurant, tavern, bar, resort district, etc., that served alcohol. This would be a good thing for those who want permit holders to be able to carry in more places, and would be the complete opposite of what the Plaintiff’s want.

2. The Court declares paragraph (c)(3) of T.C.A. 39-17-1305 unconstitutional, thereby eliminating the permit holder exemption from the statute, but leaving the rest of it in place.

I think the AG will have to appeal this decision, which will allow the Tennessee Court of Appeals to decide whether the Chancellor is correct. I seriously doubt there will be a decision from the Court of Appeals before we are out of session in 2010.

Here is to hoping the Legislature passes a new bill rendering this entire discussion moot, and the Court of Appeals hands the Chancellor her bench – halfwitted rulings like these should not be encouraged.