HB0962 - Restaurant Carry

[Guest HexHead]

Pretty much anywhere we want, now! Heh, heh, heh. . . . Now we just have to watch out for what restaurants get legally posted.

My guess is going to be relatively few. I've traveled to many of the states around us that allow carry in restaurants and I don't recall ever seeing one posted.

Why put up a sign telling 200K+ people you aren't interested in their business? The idiots will forget about this issue once the next great liberal crusade comes along.

[Guest TEBISH]

Any idea what the new sign will look like? Was that included anywhere in the bill?

[Guest jos2f]

Any idea what the new sign will look like? Was that included anywhere in the bill?

I think it will have a dollar bill with an "/" through it. It will say "we do not want your money"

[Guest david_g17]

Any idea what the new sign will look like? Was that included anywhere in the bill?

I don't know about y'all, but ANY voluntarily displayed "no guns allowed" sign means I won't be spending my money there.

[GLOCKMEISTER]

Oh, and Glockmiester, you do know the age restricted venue is NOT in the bill the House just passed, correct?

The senate version (no restrictions) is what we passed.

sorry, but you need to read the majority report.... there was an ammendment and that means there is some kind of restriction.

Unless Im wrong, and I am sometimes it has the age restriction in it. And I think they voted on the majority report.

Again, hope im wrong but.... either way its not the end of the world.

Edited May 7, 2009 by GLOCKMEISTER

[GLOCKMEISTER]

heres where im coming from... not trying to be negative... and again I hope im wrong.. but here it is...

*HB 0962 by *Todd, McCord, Tindell, Evans, Fincher, Watson, Faulkner, Eldridge, Rowland, McCormick, Bass, Hackworth, Cobb C, Carr, Matheny, Mumpower, Floyd, Bell, Lollar, Casada, Rich, Lynn, Harrison, Shipley, Dean, Johnson C, Johnson P, Niceley, Tidwell, Shepard, Hill, Ramsey, Halford, Haynes, Swafford, Maggart, Hensley, West, Montgomery, Dennis, Brooks H, Matlock, Dunn, Hawk, Lundberg, Weaver, Roach, Ford , Moore, Fraley, Campfield. (SB 1127 by *Jackson, Norris, Gresham.)

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.

Fiscal Summary

Decrease Local Revenue - Not Significant Decrease Local Expenditures - Not Significant

Bill Summary

Under present law, it is a Class A misdemeanor for a person to possess a firearm within the confines of a building open to the public where alcoholic beverages are served for on premises consumption. The following persons are exempt from the prohibition against carrying a firearm where alcoholic beverages are served for on premises consumption:

(1) Anyone in the actual discharge of official duties as a law enforcement officer, or employed in the U.S. armed forces or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or in the actual discharge of duties as a correctional officer employed by a penal institution; and

(2) Anyone on the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

This bill adds another exemption to the prohibition against carrying a firearm where alcoholic beverages are served for on premises consumption for any person who meets the following conditions:

(1) The person has a handgun carry permit;

(2) The person is not consuming any alcoholic beverage; and

(3) The person is in an establishment that is open to the public, serves alcoholic beverages, wine or beer and is not an establishment that restricts admission to persons who are age 21 years or older by checking patrons' identifications.

The present law authorization for any person to prohibit the possession of weapons by any person having a handgun carry permit on property owned, operated, or managed or under the control of the person by posting notice of the prohibition would apply to establishments that are affected by this bill.

ON MARCH 30, 2009, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 962, AS AMENDED.

AMENDMENT #1 revises the provision whereby this bill applies only if the establishment is not a venue restricted to persons age 21 or older to instead specify that the authorization does not apply:

(1) At such times the restaurant is age-restricted to persons age 18 or older; and

(2) Between the hours of 11:00p.m. and 5:00 a.m.

ON APRIL 6, 2009, THE HOUSE FURTHER CONSIDERED HOUSE BILL 962, AS AMENDED BY HOUSE AMENDMENT #1, AND PASSED HOUSE BILL 962, AS AMENDED.

ON APRIL 16, 2009, THE SENATE SUBSTITUTED HOUSE BILL 962 FOR SENATE BILL 1127, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 962, AS AMENDED.

AMENDMENT #1 removes the provisions of House Amendment #1 and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant.

ON APRIL 23, 2009, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1.

ON APRIL 27, 2009, THE SENATE REFUSED TO RECEDE IN ITS ADOPTION OF SENATE AMENDMENT #1.

ON APRIL 30, 2009, THE HOUSE REFUSED TO RECEDE IN ITS NON-CONCURRENCE OF SENATE AMENDMENT #1. A CONFERENCE COMMITTEE WAS APPOINTED.

ON APRIL 30, 2009, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

ON MAY 4, 2009, THE CONFERENCE COMMITTEE MET AND ADOPTED A MAJORITY REPORT. THE MAJORITY REPORT RECOMMENDS THAT HOUSE AMENDMENT #1 BE DELETED AND THAT SENATE AMENDMENT #1 (AS DESCRIBED ABOVE) BE ADOPTED.

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all can be seen right here...

Tennessee General Assembly Legislation

[Guest SomeGuy]

You are wrong Glock.

Open it up and read, it suggests removal of House amendment, and adoption of the Senate amendment.

http://www.capitol.tn.gov/Bills/106/CCRReports/CC0001.pdf

The Senate Amendment

http://www.capitol.tn.gov/Bills/106/Amend/SA0204.pdf

As for signage,

they still have to properly post for it to be legally binding, however like others have said, any signs means no money from me.

[GLOCKMEISTER]

yep... I'm pretty sure Im right the conference commitee report was all they voted on... and it contained a Senate ammendmnet to add the age restriction.

Sorry to burst some bubbles.

[Guest SomeGuy]

Glock, show me where in the Senate amendment the age restriction is.

http://www.capitol.tn.gov/Bills/106/Amend/SA0204.pdf

[Guest cjames38464]

Watching it now...it appears so far to be a clean bill....

[Fallguy]

Any idea what the new sign will look like? Was that included anywhere in the bill?

What new sing?

If a restaurant wants to ban carry they will have to post a sign per 39-17-1359 like any other place.

[Guest Runnfree]

I agree with Fallguy.

[Fallguy]

yep... I'm pretty sure Im right the conference commitee report was all they voted on... and it contained a Senate ammendmnet to add the age restriction.

Sorry to burst some bubbles.

You are right...the conference committee report is what the voted on. But the house conference committee majority report was the same as the senate bill, no curfew, no age-restriction and starts June 1

The senate never had the age restriction as far as I know.

[GLOCKMEISTER]

maybe im wrong... let me take the time to see.

[Guest SUNTZU]

Does this still need to be signed by the governor? I thought it would be nice to ask this question for the thirteenth time.

[Guest SomeGuy]

SunTzu,

Three paths.

He signs it, we win.

He does not sign it, but does not veto it. As I understand, it will be come law, and we win. (I admit, I would like to see someone post citation for this, as I am saying this possibility based off what others have said.

He vetoes it. We would need a simple majority to over-ride his veto, which we have. We win.

Do we NEED him to sign? No. It simply is easier.

Question answered?

[Mike.357]

I will have no problem going to a Copper Cellar Corp restaurant. I don't really care if he puts up a no guns sign. As long as the sign does not meet the legal requirement it means nothing.

A half expect there to be signs with circle and slash. That is for soccer moms and nilly willys to have peace of mind, not to keep us out.

[Guest TEBISH]

What new sing?

If a restaurant wants to ban carry they will have to post a sign per 39-17-1359 like any other place.

Isn't that the same sign that all restaurants currently serving alcohol have to post? If it is then anybody that doesn't update their signs is still posted?

[Guest db99wj]

Governor can sign - it passes

Governor can veto-it goes back to the house and senate and would be vetoed, then it would become law

Governor can not do anything and it passes.

[RinTN]

heres where im coming from... not trying to be negative... and again I hope im wrong.. but here it is...

*HB 0962 by *Todd, McCord, Tindell, Evans, Fincher, Watson, Faulkner, Eldridge, Rowland, McCormick, Bass, Hackworth, Cobb C, Carr, Matheny, Mumpower, Floyd, Bell, Lollar, Casada, Rich, Lynn, Harrison, Shipley, Dean, Johnson C, Johnson P, Niceley, Tidwell, Shepard, Hill, Ramsey, Halford, Haynes, Swafford, Maggart, Hensley, West, Montgomery, Dennis, Brooks H, Matlock, Dunn, Hawk, Lundberg, Weaver, Roach, Ford , Moore, Fraley, Campfield. (SB 1127 by *Jackson, Norris, Gresham.)

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.

Fiscal Summary

Decrease Local Revenue - Not Significant Decrease Local Expenditures - Not Significant

Bill Summary

Under present law, it is a Class A misdemeanor for a person to possess a firearm within the confines of a building open to the public where alcoholic beverages are served for on premises consumption. The following persons are exempt from the prohibition against carrying a firearm where alcoholic beverages are served for on premises consumption:

(1) Anyone in the actual discharge of official duties as a law enforcement officer, or employed in the U.S. armed forces or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or in the actual discharge of duties as a correctional officer employed by a penal institution; and

(2) Anyone on the person's own premises or premises under the person's control or who is the employee or agent of the owner of the premises with responsibility for protecting persons or property.

This bill adds another exemption to the prohibition against carrying a firearm where alcoholic beverages are served for on premises consumption for any person who meets the following conditions:

(1) The person has a handgun carry permit;

(2) The person is not consuming any alcoholic beverage; and

(3) The person is in an establishment that is open to the public, serves alcoholic beverages, wine or beer and is not an establishment that restricts admission to persons who are age 21 years or older by checking patrons' identifications.

The present law authorization for any person to prohibit the possession of weapons by any person having a handgun carry permit on property owned, operated, or managed or under the control of the person by posting notice of the prohibition would apply to establishments that are affected by this bill.

ON MARCH 30, 2009, THE HOUSE ADOPTED AMENDMENT #1 AND RESET HOUSE BILL 962, AS AMENDED.

AMENDMENT #1 revises the provision whereby this bill applies only if the establishment is not a venue restricted to persons age 21 or older to instead specify that the authorization does not apply:

(1) At such times the restaurant is age-restricted to persons age 18 or older; and

(2) Between the hours of 11:00p.m. and 5:00 a.m.

ON APRIL 6, 2009, THE HOUSE FURTHER CONSIDERED HOUSE BILL 962, AS AMENDED BY HOUSE AMENDMENT #1, AND PASSED HOUSE BILL 962, AS AMENDED.

ON APRIL 16, 2009, THE SENATE SUBSTITUTED HOUSE BILL 962 FOR SENATE BILL 1127, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 962, AS AMENDED.

AMENDMENT #1 removes the provisions of House Amendment #1 and thus reinstates the provisions of the original bill. This amendment also revises the original bill to remove the requirement that the restaurant not be an age-restricted venue in order for a person who has a handgun carry permit and otherwise complies with the bill to carry a handgun into the restaurant.

ON APRIL 23, 2009, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1.

ON APRIL 27, 2009, THE SENATE REFUSED TO RECEDE IN ITS ADOPTION OF SENATE AMENDMENT #1.

ON APRIL 30, 2009, THE HOUSE REFUSED TO RECEDE IN ITS NON-CONCURRENCE OF SENATE AMENDMENT #1. A CONFERENCE COMMITTEE WAS APPOINTED.

ON APRIL 30, 2009, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

ON MAY 4, 2009, THE CONFERENCE COMMITTEE MET AND ADOPTED A MAJORITY REPORT. THE MAJORITY REPORT RECOMMENDS THAT HOUSE AMENDMENT #1 BE DELETED AND THAT SENATE AMENDMENT #1 (AS DESCRIBED ABOVE) BE ADOPTED.

--------------------------------------------------------------------------------

all can be seen right here...

Tennessee General Assembly Legislation

If I'm reading the above right -

- we start with age restriction in original text of bill

- house adds A1, changing it to age and time

- senate removes A1, changing it back to age restriction per original text

- senate further amends original text to remove age restriction

So, I *think* that it is indeed clean at this point.

Edited May 7, 2009 by RinTN

[GLOCKMEISTER]

I stand corrected....

But Beavers ammendment isnt "clean".... I dont care and im happy as a pig in shiet... but

Now they way I understand it they did away with the age restriction but added the difference in restaurants and bars?

So in short you still cant carry in a bar? Right?

[Guest db99wj]

That's the way I see it

[Guest Runnfree]

If you can listen back to the video I believe they said that there is no def. of a bar on the books

[GLOCKMEISTER]

read the senate ammendment.... thats where I screwed up earlier... I didnt recently. I knew something had been up, but was so busy I hadnt taken time this week to stay on it.

[Guest SomeGuy]

Wrong.

We have no legal definition of bar. As such, we no longer have a real prohibition against carry in one. You however, cannot drink whole carrying, but I see nothing that makes walking into a bar a crime. (Having the definition of restaurant shows intent, but minus a legal definition of bar and prohibiting carry there means you can carry in one. This was what prompted some debate today, from certain hysterical ninnies in the House.)