Senate Judiciary Today on Parks 05/05/09

[waynesan]

Judiciary met today and debated State Park carry. See it here:

Senate-Judiciary

Click on SB0976 under the screen.

[GLOCKMEISTER]

I had forgotten about this one, when they meeting

[waynesan]

Senate panel considers guns in TN parks bill : State and Regional News : Knoxville News Sentinel

NASHVILLE - Handgun permit holders would be allowed to bring their loaded weapons into all state and local parks in Tennessee under a bill debated in a Senate committee today.

The bill sponsored by Senate Judiciary Chairwoman Mae Beavers, R-Mt. Juliet, would require city and county governments that don't want to allow handguns in their parks, greenways, playgrounds or sports fields to hold specific votes to outlaw the practice.

"No longer will a criminal or murderer know that their potential prey will be unarmed," said Beavers.

Beaver's proposal differs from a bill already passed by the House that would make the default law that guns are banned in all city or county parks, unless local government bodies vote to allow them. And she only grudgingly agreed to the proposal to allow for the opt-out provision....

[waynesan]

Seven bills pertaining to firearms to be discussed in today's session at 2:00 (Nashville time).

The calendar for today's meeting is here:

Tennessee General Assembly Calendar Orders

1. SB0976 by *Beavers, *Faulk, *Crowe. (*HB0716 by *Niceley, *Fincher, *Watson, *Johnson C, *Dean, *Rich, *Cobb J, *Evans, *Carr, *Hill, *Todd, *Faulkner, *Lollar, *Campfield, *Bell, *Kelsey, *Swafford, *Hensley, *Bass, *McCormick, *Weaver.)

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.

Summary exists for SB0976

2. *SB1912 by *Norris. (HB1665 by *Todd, *Rich, *Eldridge, *Maggart, *Lynn, *Hardaway, *Cobb T, *Faulkner, *Evans, *Dean, *Brooks H, *Montgomery, *McDaniel, *Harrison, *Niceley, *Sargent, *Haynes, *Hensley, *Hill, *Halford, *Lundberg, *Roach, *Johnson C, *Ford , *Watson, *Campfield.)

Firearms and Ammunition - As introduced, allows a commissioned reserve deputy sheriff as authorized in writing by the sheriff to carry firearms as a law enforcement officer. - Amends TCA Section 39-17-1350.

Summary exists for *SB1912

28. SB1519 by *Burchett, *Jackson. (*HB0961 by *Bell, *McCord, *Tindell, *Todd, *Jones U, *Williams, *Evans, *Rich, *Lollar, *Weaver, *Dennis, *Halford, *Shipley, *Hensley, *Hawk, *Cobb J.)

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.

36. *SB0019 by *Gresham, *Ford, O., *Barnes, *Crowe. (HB0082 by *Shaw, *Fincher, *Rich, *Cobb T, *Bone, *Ferguson.)

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.

41. *SB1908 by *Jackson. (HB1924 by *Fincher, *Evans.)

Firearms and Ammunition - As introduced, enacts the "Second Amendment Protection Act" prohibiting the sale of microstamped firearms or ammunition in this state. - Amends TCA Title 39, Chapter 17, Part 13.

Summary exists for *SB1908

46. *SB1834 by *Kyle. (HB1935 by *Camper.)

Guns - As introduced, establishes the super bounty fund and enacts the "Tennessee Gun Offender Registration, Verification, and Tracking Act of 2009." - Amends TCA Title 39 and Title 40.

Summary exists for *SB1834

47. SB2236 by *Kyle. (*HB2249 by *Fincher, *Turner M.)

Handgun Permits - As introduced, requires the department of safety, upon receiving information that a handgun permit applicant or holder does not meet eligibility requirements for a permit, to review the arrest records with the arresting agency and review any records of conviction to determine if the applicant or holder meets the eligibility requirements. - Amends TCA Title 4; Title 8; Title 16; Title 33; Title 38; Title 39; Title 40; Title 49; Title 54; Title 55 and Title 65.

The Abstract summarizes SB2236 as introduced.

[Tim Nunan]

Tennessee Firearms Association, Inc.

Legislative Action Committee

SB0976 (Beavers - TFA LIFE member) passes out of the Senate Judiciary on a 7/2 vote this afternoon.

The bill is the Senate companion to the House bill HB0716 (Nicely) which has already passed the House on a vote of 71-22.

The Senate bill is much better than the House version. It by default includes local parks as being open for permit holders but allows local governments to close the park (the entire park - not just a part) by passing an ordinance.

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB0976

There was heavy lobbying against the bill by the State administration as well as a proposed amendment by Senator Kyle to give local governments the ability to close that portion of local parks in their jurisdictions.

One improvement to the bill would be to require local action by 2/3 vote rather than a simple majority. We are of course talking about a US Supreme Court acknowledged right of self-defense and the issue is whether there is a compelling reason to infringe that right. A simple majority does not establish a compelling state or local interest to warrant infringement!

Another important bill was HB1796 by West and Fincher (both TFA members), passed the House Judiciary today unanimously. Rep. West is still recovering from a heart attack and Rep. Henry Fincher handled the presentation on the bill. This is a 10th Amendment bill and perhaps the 1st to make it to the full floor this year! Its important not only for 2nd Amendment issues but 10th Amendment as well and should be well received conceptually by the Tea Party movement.

This bill states that federal laws and regulations do not apply to personal firearms, firearm accessories, or ammunition that is manufactured in Tennessee and remains in Tennessee. The limitation on federal law and regulation stated in this bill applies to a firearm, a firearm accessory, or ammunition that is manufactured using basic materials and that can be manufactured without the inclusion of any significant parts imported into this state. This bill states that firearms accessories imported into Tennessee that are subject to federal regulation do not subject a firearm to federal regulation under interstate commerce simply because they are attached to or used in conjunction with a firearm in Tennessee.

This bill followed on the heels of the passage of a similar law in Montana recently. It was also highlighted by Foxnews 17 in Nashville

http://www.fox17.com/newsroom/top_stories/wztv_vid_5694.shtml

Several other 2nd Amendment bills being monitored by TFA moved through their respective committees today. It was a strong day for progress on our package of bills.

John Harris

Executive Director

[Guest FroggyOne2]

Yes!

[Fallguy]

The senate version is MUCH better.

I hope the senate version of the parks bill is the final version just like the restaraunt bill.....

[Guest RRM]

i really hope the state and local parks pass. i ride atvs on state parks (royal blue/sunquist) and a person can hunt with a rifle AND royal blue has a shooting range but i cant carry for self defense. i would feel much more safe if i could legally carry due to being so far out in the woods and i have seen some "gardeners"/ "cookers" out in the sticks (yes on state property). scary considering i cant protect myself if the need arose. when those people are seen in time i head the other direction but you get the point.

[VolunteerGuns]

Anyone sure where we stand on this one?

[Fallguy]

Anyone sure where we stand on this one?

SB0976/HB0716

The House has passed it's bill.

The Senate bill was amended and passed in the Judiciary Committee Wednesday. It now goes to the Finance Ways and Means Committee.

So if the current version of the Senate bill is what passed the whole Senate....it will be like the restatraunt carry bill in that the House will have to vote to concur or non-concur with the Senate version...and I think we all know how it goes from there.

[VolunteerGuns]

How we hope it goes.... Again.

Appreciate it.

[Tim Nunan]

In spite of what one Representative stated about the low frequency of crimes in state parks the passage of this bill would allow us to carry in National parks in Tennessee should that federal regulation be reinstituted; hence another need to get this passed.

[Fallguy]

Well even without this bill we could carry in National Parks in TN, if the court withdraws the injunction, since there is no law against carry in National Parks in TN. The current 39-17-1311 only addresses parks owned by a municipality, a county or the state.

But this bill would clarify that it would be legal.