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HCP-related bills will be heard in House subcommittee next Wednesday.


Guest GUTTERbOY

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Guest GUTTERbOY

According to the Times-Free Press:

NASHVILLE — A Tennessee House panel recommends allowing people with handgun permits to carry their weapons into restaurants where alcohol is served until 11 p.m.

The proposal would maintain a ban on people carrying handguns from drinking alcohol. It would also continue to ban on handguns at establishments that have age limits for entry.

Rep. Joe McCord, a Maryville Republican, said the intent is to allow handguns to be carried into restaurants that serve alcohol, but not into bars. He says the problem is that Tennessee does not have a legal definition of a bar.

The Hand Gun Study Committee also recommended passage of measures to close public access to the state’s handgun registry database and to allow handguns to be carried in parks and wildlife areas.

The bills are scheduled to be heard in a subcommittee of the Hose Judiciary Committee on Wednesday.

The subcommittee schedule for next week doesn't seem to be up yet on the GA website, so I'm not sure exactly what bills are going to be heard yet. I'll be keeping a close eye out for more details.

http://www.capitol.tn.gov/house/committees/sub-crimprocedure.html

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Tennessee Firearms Association, Inc.

Legislative Action Committee

Apparently without notice ascertainable from the State's web site, the House Judiciary had a "Handgun Study Committee" meeting on Thursday February 19, 2009. Rep. McCord, during the meeting which was video taped, stated that this study committee had been in existence for approximately 11 years and that it has been studying these bill issues and generating reports. I have yet to see any of these reports.

One aspect of this that is troubling is the fact that there is no notice or agenda for the meeting. For example, if you pull up the legislative web page for HB0962 (restaurant carry) at http://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB0962 there is no mention of the bill being assigned to a study committee, there is no evidence that the bill was considered in a study committee on February 19, there is no evidence of the printed "amendment" that they discussed, nor is there is evidence of a report or recommendation on the bill itself. In addition, it is clear from comparing the video to the version of the bill that is on the state's web site that they are not discussing the same language.

The committee video is obtained at this link: http://tnga.granicus.com/MediaPlayer.php?view_id=88&clip_id=314

The committee was chaired by Rep. Joe McCord (R. Maryville) Other members included Rep. Curry Todd (R. Collierville), Rep. Mike Stewart (D. Nashville), Rep. Harry Tindell (D. Knoxville), and Rep. Ulysses Jones (D. Shelby).

The purpose of the committee was to generate a "committee report".

They focused on 4 bills. These were restaurant carry, confidentiality list, wildlife management carry and state parks carry.

Restaurant Carry. HB0962 Much discussion on this issue and the problem in the minds of some of these legislators is again "what is a bar?" The issue they want to focus on is either how to define a bar or how to impose limits that would preclude people from being in restaurants during times that they think are indicative of "bar" and "tavern" problems.

Rep. McCord proposed 2 routes to be used in combination to address the "bar" issue. TFA opposes both by the way.

First, Rep. McCord discusses an outright ban after a certain time in the evening (proposed from 9pm to 11pm). The second part of the bill would ban possession if the establishment is "age restricted" - that is whether the place requires proof of age to enter the establishment.

Rep. Todd stated that he wanted no frame but that an 11pm time frame would be better if there has to be a time frame. Rep. McCord added in to clarify that if the restaurant started carding prior to the time cutoff, then it would automatically become a restricted property which means people would have to get up and leave. Rep. Stewart said that he felt the 11pm deadline was too late and he recommended 9pm (that shows a lot of trust in gun owners now doesn't it?). Finally, Rep. Todd moved to make the cutoff 11pm which carried on a voice vote.

They also discussed what the law should be relative to a hotels (e.g., Opryland) that have restaurants. Rep. Todd expressed the belief that any such hotel is completely off limits, presumably even in the private rooms, but Rep. McCord suggested that this issue be deferred to the full committee.

Confidentiality of Records HB0959 The "Commercial Appeal" poster child. Recommended without debate.

Parks HB0960 Rep. McCord notes that the federal government change encourages this change in the law. Rep. Jones asked about city parks. Recommended without debate.

Wildlife Management Areas HB0961 Similar to the parks bill. Recommended without debate.

Although we have been unable to locate a calendar for the week of February 23, it was announced at the close of the committee meeting that all the "gun bills" would be in the House Judiciary Criminal Practices committee meeting on Wednesday, February 25.

NOW IS THE TIME TO CALL PARTICULARLY ON THE RESTAURANT ISSUE.

Call YOUR House Members. You can look them up at this link: http://www.capitol.tn.gov/house/members/

The principal issue of concern on this list is that this study committee is recommending restrictions on the restaurant bill which we have historically opposed. It is obvious that some House members are in favor of severe restrictions through time limits (e.g., 9pm to 5am) on the restaurants if they support the legislation. They also want to impose restrictions based on whether the restaurant is "age restricted".

TFA historically opposes any such restrictions because the permit holder remains subject to the no consumption rule. For example, what would be the consequence at a New Year's Eve party - are permit holders going to be required to leave by 9pm, 10pm etc.?

Also, what happens if its a busy night - say Valentines - and you get to the restaurant early but there is an hour wait, and then there are delays in the food delivery. Do you have to get up and leave to disarm yourself if the time runs out? Well, based on the comment by Rep. McCord that "carding" would trigger an immediate status change (even if you were unaware) then presumably Rep. McCord would also state that if your meal was delayed past the 9, 10 or 11pm cutoff that you would have to leave the premises or at least leave long enough to disarm and secure your weapon in your vehicle (if you drove).

These types of restrictions are clear evidence that there are still many members of the Tennessee General Assembly who just simply do not want to trust handgun permit holders to behave. We don't need curfews and restrictions and we need to make sure they know that!

John Harris

Executive Director

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Guest GLOCKGUY

http://blogs.nashvillescene.com/pitw...t_be_as_sm.php

Tennessee House Might Be As Smart As Wyatt Earp

By Brantley Hargrove in Hargrove

Friday, Feb. 20 2009 @ 12:30PM

A Tennessee House panel recommended that an 11 p.m. curfew for guns be established in joints that serve hooch, a move that could make the Volunteer State's watering holes at least as safe as those in Dodge City circa 1870.

If you will recall, Wyatt Earp instituted statutes similar to this--no six-shooters in saloons, maybe even in the city limits. Violating this law back then would either A) Get you shot, or :koolaid: Get you pistol whipped. I doubt Tennessee cops are going to start beating the morons who carry guns with them to restaurants or bars about the head and neck with the barrels of their revolvers, but maybe there'll be a fat ticket involved?!

The intent of the bill is to keep concealed carriers out of bars period, but what makes a bar anyway? When you get down to it, this a crazy-ass phenomenon. In what civilized society do you carry a firearm into a restaurant?

Whenever I head to my favorite beer joint, I've never really considered the possibility that some simian nearby might actually be carrying. Is this what we want? The cross-section of fools who can sneak beneath the low bar for a concealed carry permit, knocking back a bottle or two in a restaurant and packing heat?

(Comments block at the bottom of the page)

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Our state lawmakers are bombared by special interest groups and lobbyists. We can't drop what we're doing and go the state capital to meet with law makers, but the other side can and does.

I urge all of you to send each of the Judiciary Committee members a brief and direct to the point email (with facts and good arguements) supporting your view. Use good logical points. Do not be confrontational, but use good arguments. Do not write an email while you're angry or upset.

If the representative is on the side of gun owners, then your email (with your brief points) can be used in committee to argue in favor of the bill. If the representative is not in favor, then your email serves as notice of how you feel. Believe me, the more feedback they receive, the stronger their position is. I assure you, the other side is letting them know as well.

Don't read this and not take action.

Here is link to the House Judiciary Cmte page. http://www.capitol.tn.gov/house/committees/judiciary.html

Include the House Bill number in the subject line of your email. It makes it easy for them to group their emails.

Best regards

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There's one problem with the "carding" provision. Last year Tennessee passed a law that prohibits smoking inside buildings, unless there is an age restriction. I know of a restaurant in the Pinch district (Memphis) that prohibits minors so that they can allow smoking inside.

Under the proposed bill, we couldn't carry inside this particular restaurant.

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There's one problem with the "carding" provision. Last year Tennessee passed a law that prohibits smoking inside buildings, unless there is an age restriction. I know of a restaurant in the Pinch district (Memphis) that prohibits minors so that they can allow smoking inside.

Under the proposed bill, we couldn't carry inside this particular restaurant.

I figure there are a few like that....but I'd rather not be able to carry in a few and then be able to carry in the rest as opposed to none at all, like now.

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I figure there are a few like that....but I'd rather not be able to carry in a few and then be able to carry in the rest as opposed to none at all, like now.

Agreed. I don't like the curfew, and I don't like the dodge around "what's-a-bar?" But if it gets half a loaf--for now, I'll take it. We can get the rest of the loaf next time around if necessary.

Of course, "don't drink if you're carrying" makes the best sense of all. But that would be too easy for most politicians to understand. :screwy:

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Uhhmmm,......correct me if I'm wrong but Tn. has/had a Sunshine Law.

I would think this should also include the "Handgun Study Committee".

For the record,I don't like the curfew idea. I haven't had a curfew in 42 years and don't care for one now.

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Guest GUTTERbOY

OK, schedule for the committee is up now. CP&P will be meeting at high noon central. This link will go to the video feed for the session if anyone wants to tune in. Note that the link will not work correctly until the session has started... so if you get a message that seems to indicate an error, wait a minute or two and refresh the page.

Here are all the gun-related bills on the calendar:

1. HB0082 by *Shaw. (*SB0019 by *Gresham, *Ford, O..)

Firearms and Ammunition - As introduced, authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. - Amends TCA Title 39, Chapter 17, Part 13.

2. *HB0411 by *Pitts. (SB0383 by *Barnes.)

Firearms and Ammunition - As introduced, creates Class A misdemeanor offense of attempting to buy firearm when prohibited by law from possessing firearm and attempting or selling firearm to person known to be prohibited by law from possessing firearm. - Amends TCA Title 39, Chapter 17, Part 13.

3. *HB0959 by *McCord. (SB1126 by *Norris.)

Handgun Permits - As introduced, makes information contained in handgun carry permit applications and renewals, information provided to agencies to investigate applicant, and records maintained relative to the permit application confidential and creates Class A fine only misdemeanor of unauthorized publication of permit information or records. - Amends TCA Section 10-7-504 and Title 39, Chapter 17, Part 13.

4. *HB0960 by *McCord. (SB1518 by *Burchett.)

Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in local, state, or federal parks. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

5. *HB0961 by *McCord. (SB1519 by *Burchett.)

Firearms and Ammunition - As introduced, authorizes person with handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

6. *HB0962 by *McCord. (SB1127 by *Jackson, *Norris.)

Firearms and Ammunition - As introduced, allows person with handgun carry permit to carry in restaurants that serve alcoholic beverages as long as such person is not consuming alcoholic beverages and such restaurant is not an age-restricted venue. - Amends TCA Title 39, Chapter 17.

7. *HB0716 by *Niceley. (SB0976 by *Faulk.)

Handgun Permits - As introduced, allows any resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

9. *HB0254 by *Casada. (SB0554 by *Norris.)

Firearms and Ammunition - As introduced, deletes requirement that the purchaser of a firearm give a thumbprint as part of background check process and that the TBI furnish thumbprint cards and pads to firearm dealers. - Amends TCA Title 39, Chapter 17, Part 13.

11. *HB0070 by *Fincher. (SB0474 by *Berke.)

Criminal Procedure - As introduced, deletes subsection in self-defense law providing that a person not justified in use of deadly force to prevent or terminate trespass on real property or unlawful interference with personal property. - Amends TCA Title 39, Chapter 11, Part 6.

13. *HJR0032 by *West.

General Assembly, Studies - Creates special joint committee to study Tennessee's gun laws.

Full Calendar

Edited by GUTTERbOY
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Tennessee House Might Be As Smart As Wyatt Earp

By Brantley Hargrove in Hargrove

From their previous posts, the writers at Pith in the Wind seem unabashedly anti-firearms, anti-firearm-owners, anti-firearm-rights, and anti-rights in general. Unfortunately, they do not appear to respond to comments - or even pay attention to them.

Otherwise, I, too, hate the curfew proposal, but at least it is better than the current situation. Not a whole lot better, but...

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Guest HexHead
Agreed. I don't like the curfew, and I don't like the dodge around "what's-a-bar?" But if it gets half a loaf--for now, I'll take it. We can get the rest of the loaf next time around if necessary.

Of course, "don't drink if you're carrying" makes the best sense of all. But that would be too easy for most politicians to understand. :D

It'll be a lot easier to get the curfew relaxed in a couple of years when there haven't been incidents in the restaurants. Just like when we originally couldn't carry in any store that even sold alcohol or beer like the supermarkets or mini-mart. There's always the initial pushback from the "blood running in the streets" crowd, but it's easier to get the law relaxed later on when they're proved wrong.

Yeah, it sucks that we have to keep going through that exercise, but I'll take this curfew thing as opposed to what we have now.

Seems like it would be pretty easy to just define what a bar is though. I'm sure there's like 40 something other state's laws we could use as a model. :)

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Here are the Committee Members who will be meeting on these bills this week:

Eric Watson Chairman:

http://www.capitol.tn.gov/house/members/h22.html

Janice Sontany Vice Chair:

http://www.capitol.tn.gov/house/members/h53.html

Eddie Bass:

http://www.capitol.tn.gov/house/members/h65.html

Karen Camper:

http://www.capitol.tn.gov/house/members/h87.html

Chad Faulkner:

http://www.capitol.tn.gov/house/members/h36.html

Judd Matheny:

http://www.capitol.tn.gov/house/members/h47.html

Go to the links above and get their phone numbers and email addresses.

If calling Nashville is a long distance number for you, you can call

1-800-449-8366. Then, when prompted you can enter 1 and then the last 4 digits of the reps phone number.

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Guest GUTTERbOY
Seems like it would be pretty easy to just define what a bar is though. I'm sure there's like 40 something other state's laws we could use as a model. :)

If you ever have some spare time, go to Michie's and take a look at the statutes covering alcohol-serving establishments. Some time spent reading that bloated crap would make anyone loath to touch it with a ten-foot pole. Never have I lost so much faith in the legislature as when I looked through that crap.

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Here are the Committee Members who will be meeting on these bills this week:

Eric Watson Chairman:

http://www.capitol.tn.gov/house/members/h22.html

Janice Sontany Vice Chair:

http://www.capitol.tn.gov/house/members/h53.html

Eddie Bass:

http://www.capitol.tn.gov/house/members/h65.html

Karen Camper:

http://www.capitol.tn.gov/house/members/h87.html

Chad Faulkner:

http://www.capitol.tn.gov/house/members/h36.html

Judd Matheny:

http://www.capitol.tn.gov/house/members/h47.html

Go to the links above and get their phone numbers and email addresses.

If calling Nashville is a long distance number for you, you can call

1-800-449-8366. Then, when prompted you can enter 1 and then the last 4 digits of the reps phone number.

Thanks for the links. Emails are on their way. :whistle:

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Wow, that was fast! I recieved a reply from Eddie Bass within minutes of sending him an email regarding HB959, 960, 961 and 962.

Here is what he said:

David, I may be wrong but I believe you will see these bills pass out without any problem............Eddie

Sounds encouraging!

Edited by analog_kidd
typo
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Wow, that was fast! I recieved a reply from Eddie Bass within minutes of sending him an email regarding HB959, 960, 961 and 962.

Here is what he said:

Quote:

David, I may be wrong but I believe you will see these bills pass out without any problem............Eddie

Sounds encouraging!

I got an encouraging reply from Bass and Matheny as well. Looks good.

This committee is made up of six reps. Three Republicans and three Democrats. I think you can safely say that Sontany and Camper, unless they have seen the light in recent days, will not be with us. I think Watson, Bass and Matheny are with us. I don't know anything about Chad Faulkner other than he's a Republican. If he is with us, then it looks like a 4 to 2 vote in favor of going to the Judiciary Committee. Fingers crossed.

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Guest Astra900

Okay smart people, separate the wheat from the chaff for the legally stoopid {ME!!!!!}

If this passes how long until we can carry in our favorite feeding holes?

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Guest GUTTERbOY
Okay smart people, separate the wheat from the chaff for the legally stoopid {ME!!!!!}

If this passes how long until we can carry in our favorite feeding holes?

This is just the subcommittee.. it'd still have to pass the Judiciary committee as well as the full House, in addition to making it through the Senate. So this is just the first step.

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