Restaurant Carry Bill

[Guest oldfella]

Restaurant Carry Bill Takes a Step Forward!

Please Stand Up and Make Your Voices Heard!

Today, the House Judiciary Voted 8-4 to pass House Bill 2694, NRA-backed legislation, sponsored by State Representative Vance Dennis (R-71). HB2694 was filed as an alternative to House Bill 3125.

HB3125, also NRA-supported, would enable a person who has a valid Right-to-Carry permit to carry a firearm for self-defense into restaurants where alcohol may be served, as long as the permit holder is not consuming alcohol or is not otherwise prohibited by posting provisions. Introduced by State Representative Curry Todd (R-95), HB3125 was filed in response to a court ruling last November. The current law was held to be unconstitutionally vague because of a perceived ambiguity over the state's definition of restaurants. HB3125 would fix any ambiguity. HB3125 is currently tied up in the House Finance Ways and Means Budget Sub-Committee, despite having a positive fiscal impact.

HB2694, similar to HB3125, repeals the current prohibition on Tennessee permit holders from carrying in a restaurant that serves alcohol as long as the permit holder is not consuming alcohol. HB2694 does not have a significant fiscal impact and now heads to the House Calendars and Rules Committee, where it will be scheduled for a floor vote. While HB2694 does not contain the posting provisions included in HB3125, it is still an important step toward passing restaurant carry legislation. The movement of HB2694 should send a strong message to anti-gun legislators that the use of ambiguous arguments and political scheming should not be used to inhibit our Second Amendment rights.

Please contact your State Representative TODAY and respectfully urge them to support HB2694. Also, please continue to contact the members of the House Budget Sub-Committee and urge them to pass HB3125. Contact information for your State Representative can be found by clicking here. Contact information for the Sub-Committee can be found below.

Speaker Kent Williams (R-4)

(615) 741-7450

speaker.kent.williams@capitol.tn.gov ?

State Representative Harry Tindell(D-13), Chair

(615) 741-2031

rep.harry.tindell@capitol.tn.gov

State Representative Charles Sargent (R-61), Vice Chair

(615) 741-6808

rep.charles.sargent@capitol.tn.gov

State Representative Joe Armstrong (D-15)

(615) 741-0768

rep.joe.armstrong@capitol.tn.gov ?

State Representative Lois DeBerry (D-91)

(615) 741-3830

rep.lois.deberry@capitol.tn.gov

State Representative Craig Fitzhugh (D-82)

(615) 741-2134

rep.craig.fitzhugh@capitol.tn.gov

State Representative Michael Harrison (R-9)

(615) 741-7480

rep.mike.harrison@capitol.tn.gov

State Representative Steve McDaniel (R-72)

(615) 741-0750

rep.steve.mcdaniel@capitol.tn.gov

State Representative Richard Montgomery (R-12)

(615) 741-5981

rep.richard.montgomery@capitol.tn.gov

State Representative Jason Mumpower (R-3)

(615) 741-2050

rep.jason.mumpower@capitol.tn.gov

State Representative Jimmy Naifeh (D-81)

(615) 741-3774

spk.eme.jimmy.naifeh@capitol.tn.gov

State Representative Gary Odom (D-55)

(615) 741-4410

rep.gary.odom@capitol.tn.gov

State Representative Dennis Roach (R-35)

(615) 741-2534

rep.dennis.roach@capitol.tn.gov

State Representative Donna Rowland (R-34)

(615) 741-2804

rep.donna.rowland@capitol.tn.gov

State Representative Johnny Shaw (D-80)

(615) 741-4538

rep.johnny.shaw@capitol.tn.gov

[Volzfan]

I got this alert too. Which bill is the better bill and which are we supporting,

HB2694 or HB3125?

[Guest oldfella]

HB3125 is being held back - I think HB2694 will go through. Both bills will do the same, HB3125 costs more.

Pete

[NextExit]

HB2694 is the one I've been hoping will go thru. Just repeal the section altogether so the courts can't say anything.

[Fallguy]

Both bills Repeal 39-17-1305

HB3125 as amended does not have a negative fiscal note.

I think HB3125 is better because it also amends 39-17-1359 requiring posted signs to contain exact language. It also removed the laws under the alcohol statues that required (now outdated) signs to be posted.

But it does appear HB2694 has a better chance of passing because it's next step is on the floor, while HB3125 is having problems in the budget committee.

An interesting note...HB2694 does not have the "no consuming" language that HB3125 does. If some legislators think of that...and realize that at least one of the bills is likely to pass, they may send HB3125 on to the floor.

Another issue is that HB3125 was rolled two weeks, some have worried if that would leave time to override a veto. My understanding is the sponsor of HB2694 has said he would wait to see what happens with HB3125 before moving HB2694, if so that could cause the same problem.

Considering Sec 1 of both bills simply repeal 39-17-1305 I really don't see any reason why HB2694 couldn't go ahead and proceed. Even if it passes and then HB3125 comes along, HB3125 wouldn't undo anything done buy HB2694, it would just do a bit more to other sections of the law.

[Guest oldfella]

Thanks, Fallguy - Your explanations add to clarity.

Pete

[GLOCKMEISTER]

just keep calling your reps

[Volzfan]

My state Rep is Sherry Jones and I email her all of the time. She has only replied once to tell me that she is very busy. BS!!!

She is too close to Naifeh and I'm guessing that he won't let her vote for any gun bill.

I will still keep the emails and calls going her way until we can elect someone to replace her sorry butt!

[Guest 270win]

This is a better bill than HB 3125. I respect those who have tried HB 3125, but I think this one is much simpler and cleaner for a lot of reasons that I won't go into. The less laws the better. It will still be illegal to carry anywhere, in general, without a permit...this bill does not change that. It will still be illegal to possess a handgun while 'under the influence'. This bill does not change that. What is not to like?

[GLOCKMEISTER]

it will be tougher to override a veto

[daddyo]

My state Rep is Sherry Jones and I email her all of the time. She has only replied once to tell me that she is very busy. BS!!!

She is too close to Naifeh and I'm guessing that he won't let her vote for any gun bill.

I will still keep the emails and calls going her way until we can elect someone to replace her sorry butt!

Interesting that she thinks she represents Naifeh and not her constituents. Is she a Democrat?

[GLOCKMEISTER]

im getting soem good vibes from some of my friends on the hill about 2694... we may have a chance at that one. Its looking better then i thought.

[Fallguy]

Call mine, Rep Curtis Halford.

Staff Contact assured me that he is a firm 2A supporter and would vote in favor HB2694.

[Guest db99wj]

Let's hope this works out this time.

[jughead]

got to over ride a veto. they are going to stall to cover their butts. not enough time to over ride. this old man is really getting tired of the crap our political critters put us through

[Guest TnRebel]

just keep calling your reps

I have called em every thing but a human being now, but it didn't help . Cheezwiz

[NextExit]

Got the alert from NRA that HB3125 will be heard tomorrow, April 7.

[Oh Shoot]

Got the alert from NRA that HB3125 will be heard tomorrow, April 7.

In house Ways and Means committee only, could die there (Naifeh et. al.).

Dunno.

- OS

[Worriedman]

My e-note to Rep. Shaw, (for what good it will do) I did send a shorter verion to all the rest of the members of Ways and Means:

To the Honorable Representative Johnny Shaw,

I respectfully ask you to please consider carefully your obligation undertaken when you affirmed your Oath of Office to protect and defend our State Constitution, especially Article 1, Section 26 of the Declaration of Rights, which states that “That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.â€

Each piece of legislation put forth by our elected Representatives that deals with regulating the wearing of arms is required to be proven to reduce crime for it to be Constitutional. As thirty seven other states allow their Citizens, who have proven themselves to be worthy of the trust placed in them by the authorities by perfecting the requirements of a Permit, to carry into establishments that serve alcohol if they agree to not consume while in possession of their arms, it would stand to reason that there is no empirical data available which proves the practice unwise, else said data would be plastered on the front page of every newspaper in the United States.

It is established in Tennessee, and taught to every permit holder, that to violate the prohibition of consuming alcohol while in possession of a firearm results in a fine of Twenty Five Hundred Dollars ($2,500.00), and imprisonment of eleven months and twenty nine days. That is a serious penalty for violating the law, and also results in the loss of ones permit. It was added by consensus of the HCP holders to show our dedication to responsible weapons carry, and is in force 24 hours a day, 7 days a week, 365 days a year, not just in venues that serve alcohol, but everywhere, as a statement of our full time dedication to responsible carry.

It is a known and stated fact, that the Handgun Carry Permit holders of Tennessee as a group, is one of the most law abiding segments of our society. We ask to be held accountable for our actions, but desire to be able to provide for our security and that of our loved ones, knowing full well that the Supreme Court of Tennessee has stated several times that Law Enforcement is not responsible for our safety, being charged only with the investigation of crime as their charter.

You are my personal Representative, and as I live in the Jackson Area, (one of the most crime prone in the nation), I would think that you would desire to do all that you can to allow me to be afforded every opportunity to live safely. Our Sheriff, David Woolfork has stated many times that the Handgun Carry Permit holder is an adjunct to his efforts to suppress crime, that the certain knowledge that criminals have that the average citizen “MAY†be armed is a plus to his efforts to fight crime in the Madison County Area.

Please, add your "yea" vote to this vital for the Public Good piece of Legislation.

[Bigiron]

Well written letter. Would be interesting to hear his reply.

[Guest Sgt. Joe]

My e-note to Rep. Shaw, (for what good it will do) I did send a shorter verion to all the rest of the members of Ways and Means:

I hope you dont mind but I used your letter as a draft for my own to Jimmy Eldridge. I find it very strange how these two districts are drawn, a mile or two either direction and I would be in the same as you.

But I am not. The letter I sent is mostly yours but I did change it up a bit and add a few lines of my own.

[Worriedman]

No problem, use away!

[Worriedman]

Well written letter. Would be interesting to hear his reply.

There will be no reply, I have been communicating "one way" with him for years, he never responds.

[Volzfan]

There will be no reply, I have been communicating "one way" with him for years, he never responds.

That's the way it is with my Rep. and Sen.

It's odd that I can get responses from nearly all of the other Reps and Sen. when I send emails or make calls but my own won't take the time to respond.

[GKar]

Its up right now...Naifeh is being a total a**, as usual, trotting all the worn-out arguments. Geeeezzzzzzzz...don't these legislators even know the existing statutes???