Metro Davidson Council seeks to override HB0962 on local level

[TN9mm]

Members of the Metro Council are exploring whether there is a way Davidson and other large counties can get out of the guns-in-restaurants law through their authority to regulate beer permits.

Adam Dread, a former councilman and Nashville attorney, is circulating the idea of passing an ordinance that specifically bans handguns in establishments that have beer permits. Beer, unlike, wine and liquor is regulated by the local counties, and Dread believes their rules trump any that the state might pass.

“That was a deal made a long time ago,†Dread said. “Counties get to decide for themselves.â€

Guns would be permitted in restaurants or bars that have only a liquor permit no matter what action the Metro Council takes. But because the vast majority of those establishments also have a beer permit, Dread believes the practically all of the city’s bars and restaurants would be covered by the ordinance.

Councilman Charlie Tygard says he has spoken with Dread and may introduce the ordinance. He says he’s interested in the idea because he fears the city’s tourism industry could be harmed if no-handgun signs start sprouting up on restaurants and bars.

The proposal is now being reviewed by legal counsel. If they sign off, Tygard says he may file it as early as tomorrow. That would permit a first reading on June 16 and a final vote by the end of July, not long after the bill’s effective date.

[Daniel]

wow.

[Metalhead]

If that's true... man they arent even going to attempt to give it a chance.

[creeky]

Councilman Charlie Tygard says he has spoken with Dread and may introduce the ordinance. He says he’s interested in the idea because he fears the city’s tourism industry could be harmed if no-handgun signs start sprouting up on restaurants and bars.

yeah... like it has in the other 36 states that have the same law.

Just have to remind the Councilmen that they may face a voter backlash if they decide to go against the will of the people.

[TN9mm]

Just FYI the source is In Session a web site on the TN legislature I follow on twitter: Metro Council members eyeing guns opt-out | In Session: Tennessee Politics

[GLOCKMEISTER]

I dont see how anything the metro council can pass will get around this... If they do pass this I wont spend a freaking dime eating in Metro again.

TCA 39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

( The general assembly declares that the lawful design, marketing, manufacture and sale of firearms and ammunition to the public are not unreasonably dangerous activities and do not constitute a nuisance per se.

© (1) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association or dealer by or on behalf of any state entity, county, municipality or metropolitan government for damages, abatement or injunctive relief resulting from or relating to the lawful design, manufacture, marketing or sale of firearms or ammunition to the public shall be reserved exclusively to the state.

(2) Nothing in this subsection © shall be construed to prohibit a county, municipality, or metropolitan government from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by such county, municipality, or metropolitan government.

(3) Nothing in this subsection © shall preclude an individual from bringing a cause of action for breach of a written contract, breach of an express warranty, or for injuries resulting from defects in the materials or workmanship in the manufacture of the firearm.

(d) The provisions of subsections ( and © shall not apply in any litigation brought by an individual against a firearms or ammunition manufacturer, trade association or dealer.

[JayC]

If you live in Davidson County, please give Charlie a call or send him an email I just got off the phone with him and he's only heard for half a dozen people before me on this matter and all (except for me) were in favor of an ordinance.

A very vocal minority of restaurant owners don't want to loose business by having to post, and therefore are trying to force all restaurants with a beer permit to not allow HCP holders.

Members of the Metro Council are exploring whether there is a way Davidson and other large counties can get out of the guns-in-restaurants law through their authority to regulate beer permits.

Adam Dread, a former councilman and Nashville attorney, is circulating the idea of passing an ordinance that specifically bans handguns in establishments that have beer permits. Beer, unlike, wine and liquor is regulated by the local counties, and Dread believes their rules trump any that the state might pass.

“That was a deal made a long time ago,†Dread said. “Counties get to decide for themselves.â€

Guns would be permitted in restaurants or bars that have only a liquor permit no matter what action the Metro Council takes. But because the vast majority of those establishments also have a beer permit, Dread believes the practically all of the city’s bars and restaurants would be covered by the ordinance.

Councilman Charlie Tygard says he has spoken with Dread and may introduce the ordinance. He says he’s interested in the idea because he fears the city’s tourism industry could be harmed if no-handgun signs start sprouting up on restaurants and bars.

The proposal is now being reviewed by legal counsel. If they sign off, Tygard says he may file it as early as tomorrow. That would permit a first reading on June 16 and a final vote by the end of July, not long after the bill’s effective date.

[Guest sstouder]

here is what i sent charlie:

Mr. Tygard,

Im writing to you today to ask that you do not endorse the metro councils actions to try to circumvent the restaurant carry law that passed today. I simply cannot wrap my mind around why so many officials keep acting against this when it is OBVIOUSLY the will of the people. It passed by a "Super Majority" to use Senator Jacksons words. This isnt because of a lobbying firm or organization its because its what the people want. 36 other states have this and have no problem or trouble with. Here is an idea if your afraid of it hurting tourism by posting signs then dont post them. If no other state has had a problem then there is no need to ban them. I will, however, not spend a single cent of my money in another davidson county business and will go out of my way to promote people to boycott davidson county businesses if this course of action is taken passed or not. I will make it my personal mission to make sure your council works twice as hard as all of us HCP holders have (in geting this thing passed with writing and rewriting ours and others representatives) to try and ban it again. Thankyou for your time and consider the people first before you consider the loud minority of gun fearing cowards.

Edited June 4, 2009 by sstouder

[Guest pws_smokeyjones]

I sent Mr. Tygard an email. If I don't hear back from him in a reasonable timeframe I will give him a call. I am not sure at all if they can even do this, but that they are attempting to really disgusts me. I spend 75% of my time in Rutherford county so it won't effect me unless they get in on it too. I can't help but wonder if Naifeh has his fingers in the Metro City Council as well.

[Guest benchpresspower]

Yknow I was wondering when the carry law passed if there would be someone to try to nullify it. Guess this answers my question.

[RinTN]

I dont see how anything the metro council can pass will get around this... If they do pass this I wont spend a freaking dime eating in Metro again.

TCA 39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation ...

IMO, that sounds pretty clear. The only thing I can think of that they might be able to do is work the other direction, and pull licenses of places that aren't posted. Hopefully they will come to their senses and quit trying to screw with our rights.

[JayC]

IMO, that sounds pretty clear. The only thing I can think of that they might be able to do is work the other direction, and pull licenses of places that aren't posted. Hopefully they will come to their senses and quit trying to screw with our rights.

That is the game plan to require you to post to have a beer permit.

[RinTN]

That is the game plan to require you to post to have a beer permit.

It might be - blackmail by the government. How sweet of them!

[creeky]

Is there anything the House/Senate could pass to keep them from attaching "guns" to the Beer permits?

[JayC]

Well Charlie indicated that some restaurant owners are concerned they'll loose business if they choose to post, so basically they want to force a level playing field. Most of these restaurant owners don't even live in Davidson County.

[JayC]

Is there anything the House/Senate could pass to keep them from attaching "guns" to the Beer permits?

Probably not this session.

[dunndw]

We need to let Charlie know if they DO pass this law...ALL the restaurants will suffer Screw standing outside someplace and protesting. Let all the owners know we will go out of Davidson County to spend our dining dollars.

[GLOCKMEISTER]

I think its time to email the metro council.

[JayC]

I think its time to email the metro council.

Yes very much so... everybody should be sending them emails and phone calls. Also, having people show up for the council meets to speak out against this ordinance would be a huge help as well.

[Guest eyebedam]

I think its time to email the metro council.

Emails away...........

[dunndw]

I've already sent my councilman and charlie e-mails...keep up the pressure ya'll. If the restaurant owners don't live in Davidson county, I don't why people who don't like in Davidson country couldn't express their opinions as well. You might come into Davidson County for dining/entertainment as well so this effects you as well.

[JayC]

Just a heads up, got off the phone with Bo Mitchell 35th District Councilmember (Bellevue area)... He's not only for this beer permit ordiance, he's also said while I was on the phone that only police officers should be allowed to carry handguns that would solve a lot of issues. Even though he claims to be "pro 2A".

Nashville.gov - Metro Council - District 35 Councilmember Bo Mitchell

[JayC]

FYI, here is the link to the list of Nashville Council Members, included are phone numbers and email addresses. If you live inside Davidson County you should at least email and/or call all the at large members and any members who cover areas where you live, work, and dine out. Although comments to all wouldn't hurt either.

http://www.nashville.gov/council/council_roster.htm

[GLOCKMEISTER]

When you guys contact coucil members you need to reference........

TCA 39-17-1314. Local regulation of firearms and ammunition preempted by state regulation — Actions against firearms or ammunition manufacturers, trade associations or dealers. —

(a) No city, county, or metropolitan government shall occupy any part of the field of regulation of the transfer, ownership, possession or transportation of firearms, ammunition or components of firearms or combinations thereof; provided, that the provisions of this section shall be prospective only and shall not affect the validity of any ordinance or resolution lawfully enacted before April 8, 1986.

---------

They also need to be aware that you have contacted your Rep/Sen about this issue... and the NRA... Were awaiting a AG's opinion on it. You need to be very nice but have them understand this action is against State law. If this proceeds your sure the NRA will file suit and in the next legislative session there will be a huge push to change the state law to where this power is taken away from local goverments.

I'd hit your councilman and the at large councilmen first. Kinda like a "if this happens" and use the words "this law is the will of the people". They also need to know how much this would cost the city in legal fees and money lost by merchants in a boycott. Becasue Im not eating where I cant carry anymore. I'll take my money across the county line.

[Guest benchpresspower]

Would this affect Wilson and or Rutherford county by chance? If Davidson county wants to take my right to carry in a restaurant away I will be more than glad to take a quick 15 minute drive up 40 or 24 and dine somewhere else. NO GUN FOR ME = NO MONEY FOR YOU