Restaurant Carry Bill

[Fallguy]

Please don't let it be that the Joint committee for General Welfare will have anything to do with over riding a veto. the Chair and Vice Chair will squash that in its tracks (Thelma Harper and Karen Camper).

No the bill would go back to the floor of each chamber.

I think his point was just to let us know there will still be people on the hill next week and that this week isn't the end of the session.

[GLOCKMEISTER]

im betting they will be there until the 27th.... im hopeing anyway

[Guest pws_smokeyjones]

No the bill would go back to the floor of each chamber.

I think his point was just to let us know there will still be people on the hill next week and that this week isn't the end of the session.

Agreed. the crazy hat lady just causes me to have a knee jerk reaction sometimes.

[Fallguy]

Agreed. the crazy hat lady just causes me to have a knee jerk reaction sometimes.

I understand...

Can't remember for sure....but I don't think there is even any debate, just a vote on whether not override the veto.

[GKar]

Sorry, didn't make that too clear...I was just trying to indicate that there is scheduled House business for Monday, so I taking that to mean they'll still be in town that long at least. Reading between the lines from the purported statement by Campfield, it seems as though the Gov may have to "do the deed" before he leaves for China...perhaps because the signed letter has to be returned to the House/Senate in a specified (short) timeframe??

IIRC, the veto override motion comes up in the message calendar. Seems like Naifeh or one of the Memphiians tried to bluster a bit last year, but Williams cut him off with a "Look, we all know how we are gonna vote, so let's just do it". Also, it seems that in either the House or Senate, the sponsor (who, I believe, brings the motion for override to the floor) made the comment from the floor about "this piece of paper (the veto letter from Bredesen) makes me so mad I'd like to tell the Governor where to put it" remark that drew a mild rebuff from the Chair. That sounds more like Todd's style than Jackson's, so I'm thinkin' it was him.

EDIT: memory failure. Veto override comes up in "unfinished business", early in the floor session.

Edited May 13, 2010 by GKar

[Guest NotPBFree]

Seek and ye shall find. I just got off the phone with the AG's office. Yes, they have the case. No, it hasn't been assigned or a date set with the Court of Appeals yet. So basically, nothing is happening with it.

Back in January or early February, Speaker Williams wanted to wait to see what happened with the appeal before proceeding with any legislation. We were screwed right from the get go.

Call me crazy but if you go to the TN.Gov website, and look up the CURRENT law concerning possession of firearms where alcoholic beverages are served, you will find the so called unconstitutional law STILL ON THE BOOKS.

So the law was not rescinded or repealed and it is under appeal. The only official explanation saying the old law is now in force is on the TN Dept of Safety website, which of course is run by the governors office which vetoed the law in the first place. The TN AG to my knowledge has never even given an opinion as to what the current law actually is.

How ironic is it in finding the old law unconstitutionally vague, things are more vague then ever.

Finally, when was the last time a Davidson county Chancellor found a State law unconstitutional (prior to last year)? Doesn't sound like the State has a "road map" for this situation.

[Guest HexHead]

Call me crazy but if you go to the TN.Gov website, and look up the CURRENT law concerning possession of firearms where alcoholic beverages are served, you will find the so called unconstitutional law STILL ON THE BOOKS.

So the law was not rescinded or repealed and it is under appeal. The only official explanation saying the old law is now in force is on the TN Dept of Safety website, which of course is run by the governors office which vetoed the law in the first place. The TN AG to my knowledge has never even given an opinion as to what the current law actually is.

How ironic is it in finding the old law unconstitutionally vague, things are more vague then ever.

Finally, when was the last time a Davidson county Chancellor found a State law unconstitutional (prior to last year)? Doesn't sound like the State has a "road map" for this situation.

I have no idea what you're rambling on about, but this was clearly on the Dept. of Safety's website just now...

Persons Prohibited from Carrying Firearms into Establishments Serving Alcohol

On November 20, 2009, the Davidson County Chancery Court held that the law allowing Tennessee handgun carry permit holders to carry their handguns into establishments serving alcohol was unconstitutional. As a result, the prior law which prohibited all persons from carrying firearms into establishments serving alcohol is back in effect.

[macville]

I have no idea what you're rambling on about, but this was clearly on the Dept. of Safety's website just now...

He's talking about michie.com which the state website sends you to if you want to read the laws currently on the books. The problem is.....michie doesn't update the free stuff but once a year. So the question is...would you have a case if caught carrying that the official State of TN website sent you to a site that had outdated information? I mean, how else are you supposed to know what's legal and what's not without going to the capitol and reading the law on paper there? Seems like to me, if they are going to use a service like michie, it needs to be up to date if the state website is going to link to it. But of course, that's common sense, right?

Matthew

[Guest NotPBFree]

He's talking about michie.com which the state website sends you to if you want to read the laws currently on the books. The problem is.....michie doesn't update the free stuff but once a year. So the question is...would you have a case if caught carrying that the official State of TN website sent you to a site that had outdated information? I mean, how else are you supposed to know what's legal and what's not without going to the capitol and reading the law on paper there? Seems like to me, if they are going to use a service like michie, it needs to be up to date if the state website is going to link to it. But of course, that's common sense, right?

Matthew

Macville is correct.

The State directs you to this website to find current law in TN. Go to Home - TN.gov, click on Laws, click on TN Code and Constitution.

Drill down to 39-17-1305. This is what I am talking about.

How would I know that the information there is incorrect? For all I know that information is correct and up to date since the chancellors ruling is under appeal.

Edited May 13, 2010 by NotPBFree
clarification

[Guest HexHead]

Macville is correct.

The State directs you to this website to find current law in TN. Go to Home - TN.gov, click on Laws, click on TN Code and Constitution.

Drill down to 39-17-1305. This is what I am talking about.

How would I know that the information there is incorrect? For all I know that information is correct and up to date since the chancellors ruling is under appeal.

When most people question the laws, they are advised to check handgunlaws.us and they have the current info.

http://handgunlaw.us/states/tennessee.pdf

The state's Dept. of Safety website which is where you should go for handgun permit info has the correct info. I don't think a valid defense would be that a 3rd party got it wrong. The state may refer you to Mitchie's which has a comprehensive listing of TN statutes, but I doubt they guarantee their accuracy.

[Guest friesepferd]

yea, although they obviously shouldnt point you to a website that has out of date info, i doubt that argument would ever hold up in court

[Guest HexHead]

Anyone know if Bredesen is flying out today? Can he take it with him, sign it on Monday or Tuesday in China and fax it in?

That ****er just needs to do what he's going to do and get it over with.

[GKar]

House Calendar and Rules today was moving bills to "the next regular calendar", which they indicated might be either Monday or Tuesday of next week. They also indicated that they would be meeting again next week, which would imply at least one more House floor session after that cmte meeting.

[Volzfan]

Anyone know if Bredesen is flying out today? Can he take it with him, sign it on Monday or Tuesday in China and fax it in?

I've been wondering the same thing. Maybe he will take it with him and have the time difference screw him up and he doesn't get it in on time and it becomes law without his signature.

[Bigiron]

That is a very likely scenario, Volzfan. That would suit me.

[Guest uofmeet]

geese, would they just hurry it up already......can he take it with him and fax it back though? i would like to know what the rules are....but to lazy to try and look it up.

[dralarms]

Not sure fellas but I think he has to do somethign with it here, I don't think he can conduct "state" business in another county.

[Guest pws_smokeyjones]

I agree, I am pretty sure that a Veto would be something that he can't really phone/fax in. Using the sports analogy, its hard to 'run down the clock' if you have actually left the field.

[Guest NotPBFree]

When most people question the laws, they are advised to check handgunlaws.us and they have the current info.

http://handgunlaw.us/states/tennessee.pdf

The state's Dept. of Safety website which is where you should go for handgun permit info has the correct info. I don't think a valid defense would be that a 3rd party got it wrong. The state may refer you to Mitchie's which has a comprehensive listing of TN statutes, but I doubt they guarantee their accuracy.

On the TN Dept of Safety, under the heading of Handgun Carry Permit Related Laws you will find they still list Restaurant Carry as permitted.

Handgun Carry Permit T.C.A. Codes

[OngoingFreedom]

How might this affect the bill?

[GKar]

In that it seems to have been a low blood sugar issue, seems unlikely he'd be unavailable for any action next week.

[Guest HexHead]

On the TN Dept of Safety, under the heading of Handgun Carry Permit Related Laws you will find they still list Restaurant Carry as permitted.

Handgun Carry Permit T.C.A. Codes

I don't know how much clearer this can be?

Handgun Carry Permits

Persons Prohibited from Carrying Firearms into Establishments Serving Alcohol

On November 20, 2009, the Davidson County Chancery Court held that the law allowing Tennessee handgun carry permit holders to carry their handguns into establishments serving alcohol was unconstitutional. As a result, the prior law which prohibited all persons from carrying firearms into establishments serving alcohol is back in effect.

If you're just looking for a technicality to try and get off if caught when you know what the law is, that's just bull****. I suggest you harden the **** up and don't do the crime if you can't do the time.

[dralarms]

Well,

Any word on what transpired?

[Mike.357]

seems to me that all the promises from those at the capital about fixing this as well as people on here claiming how thrilled we would be and not to worry have kind of fallen flat.

This new bill is not good, I hope it gets vetoed and is not over ridden.

[Guest TnRebel]

Got this in an email tonight from the NRA

+++++++++++++++++++++++++++++++++++++++++++++++++++

Restaurant Carry Reform Awaiting Governor’s Action

Please Contact the Governor Today!

On Wednesday, May 5, the Tennessee House moved to adopt Senate Bill 3012 in place of House Bill 3125 by a vote of 66 to 31. SB3012 is currently awaiting consideration by Governor Phil Bredesen (D).

Sponsored by State Senator Doug Jackson (D-25) and by State Representative Curry Todd (R-95), SB3012 would enable a person who has a valid Right-to-Carry permit to carry a firearm for self-defense in restaurants where alcohol may be served, as long as the permit holder is not consuming alcohol or is not otherwise prohibited by posting provisions. Alcohol consumption would be prohibited and violation would result in the loss of a permit for three years. SB3012 also clearly defines posting provisions.

This legislation was filed in response to a court ruling last November. The previously enacted law was held to be unconstitutionally vague because of a perceived ambiguity over the state’s definition of restaurants. SB3012 will fix any ambiguity.

Governor Bredesen has until Monday, May 17 to take action on this legislation. However, he may take action as soon as tomorrow, Friday, May 14, because of a scheduled trip to China. Please contact the Governor IMMEDIATELY and respectfully urge him to sign SB3012 into law. The Governor can be reached by phone at (615) 741-2001 or by email at Phil.Bredesen@tn.gov.