Tennessee Senate Overrides Restaurant Carry Veto

[FlyboyLDB]

Today, Thursday, May 27, the Tennessee State Senate overrode Governor Phil Bredesen’s (D) veto of Senate Bill 3012 by a vote of 22 to 10. This legislation now heads to the State House and could be heard as early as Tuesday, June 1.

Sponsored by State Senator Doug Jackson (D-25) and State Representative Curry Todd (R-95), SB 3012 would allow 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.

[Guest flagumbrak]

Senate Overrides Veto! Whoo Hoo. Now to the House.

[Guest TnRebel]

One Down and One to go Tue. the June 1st.

[RDL]

Good news.

[Guest JC1848]

One Down and One to go Tue. the June 1st.

I flipped over to the live feed of the house after the senate vote and it had a message that they would reconvene Wed at 2PM.

[alingo2001]

Who switched their vote? I saw the original was 23-9 and the override was 22-10.

[Fallguy]

The news of the override was posted in the http://www.tngunowners.com/forums/tennessee-politics-legislation/40161-restaurant-carry-vetoed.html thread at post 409.

But considering it is such a long thread and getting a bit off topic at times I will leave this thread open for discussion on the vote and the upcoming House vote.

[Guest db99wj]

The news of the override was posted in the http://www.tngunowners.com/forums/tennessee-politics-legislation/40161-restaurant-carry-vetoed.html thread at post 409.

But considering it is such a long thread and getting a bit off topic at times I will leave this thread open for discussion on the vote and the upcoming House vote.

Excellent idea, that thread is derailing fast. Might consider adding to the title, "pending House vote" or something like that, this will become the next 300+, 12,000+view post.

Edited May 27, 2010 by db99wj

[Guest TNReb]

Ok guys . . . here is what the rules say about veto override in the House:

78. VETO.

Upon receipt of a veto message and return of a bill or resolution from the Governor, or a receipt of a message from the Senate advising the House that a bill or joint resolution has been passed by the Senate, the Governor's veto to the contrary notwithstanding, the Clerk shall read the message and cause the same to be spread at large upon the Journal. Thereafter, the sponsor of the bill or resolution may, upon twenty-four (24) hours typewritten notice and within three (3) legislative days after the filing of said notice, except the last legislative day of any annual session such notice shall not be required, move the House under the item of Unfinished Business to pass the bill or resolution, notwithstanding the objections of the Executive. If the motion shall prevail by a favorable vote of a majority of the members to which the House is entitled under the Constitution, the bill or joint resolution shall then be transmitted to the Senate unless the same was originally received from the Senate subsequent to its prior approval.

So, my thoughts are that if Curry Todd (the House sponsor) files a "typewritten notice" of the fact that the Senate overrode the veto any time before 24 hours before the session, he can move on June 2nd when the House goes back in session that the bill be passed notwithstanding the veto, the vote is taken, and when it passes, we have a law. No more notice is required than the 24 hours. Is that how you all read it?

[Worriedman]

Ok guys . . . here is what the rules say about veto override in the House:

78. VETO.

Upon receipt of a veto message and return of a bill or resolution from the Governor, or a receipt of a message from the Senate advising the House that a bill or joint resolution has been passed by the Senate, the Governor's veto to the contrary notwithstanding, the Clerk shall read the message and cause the same to be spread at large upon the Journal. Thereafter, the sponsor of the bill or resolution may, upon twenty-four (24) hours typewritten notice and within three (3) legislative days after the filing of said notice, except the last legislative day of any annual session such notice shall not be required, move the House under the item of Unfinished Business to pass the bill or resolution, notwithstanding the objections of the Executive. If the motion shall prevail by a favorable vote of a majority of the members to which the House is entitled under the Constitution, the bill or joint resolution shall then be transmitted to the Senate unless the same was originally received from the Senate subsequent to its prior approval.

So, my thoughts are that if Curry Todd (the House sponsor) files a "typewritten notice" of the fact that the Senate overrode the veto any time before 24 hours before the session, he can move on June 2nd when the House goes back in session that the bill be passed notwithstanding the veto, the vote is taken, and when it passes, we have a law. No more notice is required than the 24 hours. Is that how you all read it?

I am afraid that the House must be in session for the execution of:

Clerk shall read the message and cause the same to be spread at large upon the Journal. Thereafter, the sponsor of the bill or resolution may, upon twenty-four (24) hours typewritten notice and within three (3) legislative days after the filing of said notice, except the last legislative day of any annual session such notice shall not be required, move the House under the item of Unfinished Business to pass the bill or resolution,

I hope I am wrong, and they can kick this pig on Wednesday.

[Volzfan]

Who switched their vote? I saw the original was 23-9 and the override was 22-10.

It wasn't my Senator that changed his vote. Henry always votes against this.

[Guest JC1848]

Who switched their vote? I saw the original was 23-9 and the override was 22-10.

Senator Tate I believe

[Volzfan]

I believe that the clerk must read it when they are in session on Wed. and then it can be voted on Thursday. I asked Nikki about it and she said that she thought that Thursday was the day.

One more week!

DELAY DELAY DELAY!

[Worriedman]

Herron was absent, must have not thought the day's business important enough to show up.

[saintsfanbrian]

Senator Ford voted against it - I am not surprised. That is if she was there. Maybe her blood was tired again.

[Guest TargetShooter84]

Excellent!

[Guest grays]

Forgive me but once/if this goes through will the restaurants have to post in exact wording or just "no guns" sign?

[Guest Usagi]

Forgive me but once/if this goes through will the restaurants have to post in exact wording or just "no guns" sign?

Either a circle-slash symbol, or substantially similar wording, would suffice.

We need to get 39-17-1359 stripped in the next legislative session.

[Volzfan]

Circle and slash alone or along with any worded sign makes it a legal post.

[Guest ArmyVeteran37214]

I forsee another Posted/Not Posted Thread starting up when the bill becomes law.

[Fallguy]

YEP the sign below

(Please no comment about applies to semis only etc...)

Without any wording or with any wording of any kind, the above will be a legal posting.

If a sign only is posted it must be worded substantially similar to:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION

OF A WEAPON ON THIS PROPERTY, WITHIN THIS

BUILDING, OR THE POSTED PORTION OF THIS

PROPERTY OR BUILDING IS PROHIBITED.

POSSESSION OF A WEAPON ON POSTED PROPERTY

IS A CRIMINAL OFFENSE.

Substantially similar being defined as sign that has language plainly stating:

• The property is posted under authority of Tennessee law

  
  

• Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted

  
  

• Possessing a weapon in an area that has been posted is a criminal offense

  
  

Which ever is used it still must be posted prominently at all entrances generally used by the public.

Edited May 28, 2010 by Fallguy

[Guest Jcochran88]

So if the house passes when does take effect?

[Fallguy]

So if the house passes when does take effect?

"Immediately"

But not sure if that means the moment the Speaker hits the gavel or after it is sent to the Secretary of State.

Now if the Governor was to have signed it....I think it would have been law that very moment...since an override has sort of the same effect...well.....but who knows.

Maybe someone with more direct connections to Nashville can post better info.

[EMTRN]

YEP the sign below

(Please no comment about applies to semis only etc...)

Without any wording or with any wording of any kind, the above will be a legal posting.

If a sign only is posted it must be worded substantially similar to:

Substantially similar being defined as sign that has language plainly stating:

• The property is posted under authority of Tennessee law

  
  

• Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted

  
  

• Possessing a weapon in an area that has been posted is a criminal offense

  
  

Which ever is used it still must be posted prominently at all entrances generally used by the public.

Fall guy, I know you are almost always right on these things, but I read the bill differently. It states that the circle slash may be used "in addition to, but not in lieu of" the worded sign. Am I reading it wrong?

[Fallguy]

Fall guy, I know you are almost always right on these things, but I read the bill differently. It states that the circle slash may be used "in addition to, but not in lieu of" the worded sign. Am I reading it wrong?

That is the "current" law, but we are discussing SB3012

Amendments 1-3 passed on 4/29/10

They can be seen here...

Amendment 1

Amendment 2

Amendment 3

In those amendments it say 1 or both may be used.