Senate OKs guns in bars

STATE CAPITOL BUREAU - The State Senate passed a bill yesterday afternoon allowing handgun permit holders to carry guns into establishments that serve alcohol provided the person does not consume any alcoholic beverages.

The bill allows restaurant and bar owners to prohibit guns in their establishments so long as there is a clearly posted sign stating the policy. If a person is caught with a gun drinking in an establishment, he or she is subject to arrest and permit revocation.

Current Tennessee law prohibits taking guns into establishments that sell alcohol. A violation of the law is a Class A misdemeanor.

Sen. Doug Jackson, D-Dickson and primary Senate sponsor, told his colleagues this move is keeping in stride with 33 other states, including several bordering Tennessee.

"While at first blush this may cause some reluctance, understand that for many years this has been the law in many states," Jackson said.

Jackson said this is a natural extension of laws passed in the 1990s that created the current handgun permit program.

"We've not had any problems in the state of Tennessee of any significance [with lawful permit carriers]," Jackson said. "They are in fact very responsible, and in 33 other states where they do allow permit holders to carry handguns in establishments that do sell alcohol, they have not seen problems. So the experiment is over."

Thelma Harper, a Nashville Democrat who was one of only three senators to vote against the measure, said she is concerned about how this practice would be policed.

Steve Cohen, D-Memphis, and Ward Crutchfield, D- Chattanooga, also opposed the bill.

"My concern is the bill says provided the person who is the carrier is not drinking," Harper said. "What I want to know is who's going to be the babysitter ... to assure that that person doesn't drink?"

Jackson's response was that he "bad guys" generally are the ones carrying guns without permits, and that Tennessee permit holders have proven they are responsible.

"They could be drinking in their cars, but they don't do that," Jackson said. "They could be brandishing their guns inappropriately, but they don't do that ... They will obey the law as they have in the past."

After the vote, Harper said that the legislature is leaving itself exposed and "you are assuring the public that the person will not drink. Guns and alcohol don't mix."

The last sentence echoed the words of Metro Police Chief Ronal Serpas, who testified against a similar bill proposed by Rep. Curry Todd, R- Memphis, before the Constitutional Protections Subcommittee.

"I spent 21 years in the New Orleans Police Department," Serpas said, adding that much of his time there was spent working in the French Quarter. "Alcohol and guns don't mix."

This particular bill was defeated 3-2, but Jackson's companion bill (sponsored by Rep. Frank Buck, D-Dowellton) has yet to be heard by the subcommittee, so the basic premise is still alive in the House. Todd said that gun crimes are committed by the criminal element, which is not going to be stopped by this law.

"Why are we going to issue these permits if you've got to keep it in your trunk all day?" Todd asked.

Serpas noted that the bill is opposed by the Memphis Police Department, the Metro-Nashville Police Department and the Tennessee Association of Chiefs of Police.

Buck's companion bill has yet to be assigned a hearing date before the Constitutional Protections subcommittee.