Representative Debra Maggart's letter to the Hendersonville Star

[OngoingFreedom]

Rep. Maggart just replied to my email warning her about the Nashville Council trying to make an end run around the restaurant carry law. You know, the one where the council explored using beer permits to force restaurants to post the no handgun carry signs, the one that their attorney advised them was illegal due to state preemption? Anyway, here it is:

Hello, (OngoingFreedom):

Thanks for emailing me. I thought you might enjoy the article I wrote that was published yesterday in the Hendersonville Star News.

Facts or Fiction about Tennessee's new Gun Laws

There has been much misinformation put out about the Guns in Restaurants legislation and I wanted you to examine all the facts rather than the anti-gun spin put forth but some in the media. I think it is important that you understand the arguments the members of the General Assembly heard as this legislation was before us.

FICTION: Everyone at O'Charley's, Chile's and Chucky Cheese will be armed. Indeed, for almost 15 years handgun permit holders have been armed in restaurants that do not serve alcohol or beer such as Shoney's, Cracker Barrel, McDonalds, House of Pancakes, Starbucks, and hundreds of other family restaurants but there is no history of civilian handgun permit holders causing problems for other patrons.

The FACT is that criminals carry their guns without regard to restrictive possession laws. Criminals do not bother with handgun carry permits (HCP) because they cannot qualify. It is a FACT that the bad guys will not leave their guns at home. Criminals, particularly those with intent to commit more crime, will be armed with a willingness to do harm if that is required to carry out their crime or escape.

The FACT is that there are over 230,000 law-abiding Right -to-Carry permit holders in Tennessee. In order to receive a handgun carry permit, these citizens have passed a background check, they have submitted to fingerprinting, they have taken and passed an 8-hour gun safety course and they have qualified with a weapon under the supervision of a trained professional. These civilian handgun permit holders are trained that the permit does not make them a law enforcement officer, a vigilante, or a hero - the permit is to enable them to carry a handgun if they choose so that they can protect themselves and their family if they become the victims of violence.

FICTION: Everyone with a gun permit will be drunk and toting their gun at the "bar." The FACT is it remains illegal for a HCP holder to drink anywhere while armed. The new law allows a person with a HCP to carry in restaurants that serve alcoholic beverages but only as long as such person is not consuming alcohol. For this to be problem, one must assume that these same people would choose to violate the law and consume alcohol thus jeopardizing their HCP status.

FICTION: All the bars and honky tonks will be the scene of the "Gunfight at the OK Corral".

The FACT is that the term "restaurant" is defined in this law as a public place kept, used, maintained, advertised and held out to the public as a place where meals are served. The serving of such meals shall be the principal business conducted there.

FICTION: Our legislators must be nuts to pass such an unproven and irresponsible law to allow guns in restaurants.

The FACT is Tennessee now joins 36 other states that have similar restaurant carry laws that have experienced no significant problems. Some states have laws that allow HCP holders in bars, not just restaurants. Seven states that border Tennessee allow HCP holders to carry in restaurants. The provisions in Tennessee's new law are more restrictive than many of these states, some of which actual allow moderate consumption of alcoholic beverages such as wine. These states have not experienced problems because HCP holders are law-abiding citizens. If you have ever eaten at a restaurant that served alcohol in Kentucky, Alabama, Georgia, or any of the other states that surround Tennessee with the exception of North Carolina, you have eaten in a restaurant where permit holders were allowed to carry firearms.

FICTION: There will be no place I can take my children out to dinner and we will have to stay home!

The FACT is the new law allows restaurants to prohibit carrying firearms in their establishments by simply posting a sign. So, if the owner doesn't want legal HCP holders to carry in his restaurant, then he may post a sign that states "No Guns". Of course, those signs will not deter those who have a history of ignoring the law.

FICTION: The Republicans have done nothing but pass crazy gun laws!

The FACT is that all of these new laws have received strong bi-partisan support. Governor Bredesen's veto of the restaurant carry bill was overridden 69-27 in the House. And the Senate veto override vote was 21-9. Democrats have sponsored and co-sponsored several gun bills this legislative session, including the Senate sponsor of the restaurant carry bill, the "Guns-in-Parks" bill, the Firearms Freedom Act, the confidentiality law and a bill to allow retired judges with a handgun carry permit to carry a gun under the same circumstances as law enforcement officers. A Democrat sponsored bill to carry loaded guns in vehicles has passed both the House and the Senate. The bill to exempt the list of individuals in Tennessee that hold handgun carry permits from the Open Records Act is sponsored by a Democrat.

In addition, the time we have spent on firearms legislation has been greatly exaggerated. We have spent hours debating bills that have an economic impact on this state, as well debating at length bills that will impact our public school system in a positive way.

And here is another interesting FACT: Legislation to require a person against whom an order of protection has been issued to dispose of any firearms within two days through any lawful means was sponsored by Women Republican and Democrat House and Senate members. It also creates a Class A misdemeanor for a person to knowingly possess a firearm while an order of protection is in place. This bill was passed and has been sent to the Governor for his signature.

Tennessee's Legislators have passed a significant number of bills relating to firearms this year compared to what has been passed in prior years. However, there are no bills simply promoting firearms. These are bills promoting the rights of the citizens and removing what we have determined to be unnecessary governmental restrictions on the rights of Tennessee's law abiding citizens.

State Representative Debra Young Maggart

45th House District - Representing Hendersonville, Gallatin,

and the Sumner County portion of Goodlettsville

230 War Memorial Building

Nashville, TN 37243

615-741-3893 office

615-253-0350 fax

Do you get the feeling that she reads these forums?!

[tnoutdoors9]

That is freaking awesome. That letter would in no way make it to the Tennessean's editorial page, although Rep. Ben West has some excellent letters that have been published.

We have some good reps in MJ as well, Mae Beavers and Susan Lynn.

[Guest pws_smokeyjones]

Man, that is good stuff right there.

[Metalhead]

Excellent letter... hopefully some will read it and take it to heart, but sadly most people's minds have been made up.

[Volzfan]

Good column Representative Maggart! Thank you!

[Guest HexHead]

Kinda late in the game though.

Nice letter otherwise.

[Guest redbarron06]

Awesome

[Guest 3pugguy]

OngoingFreedon -

Great letter she wrote, thanks for sharing it with us.