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Tennessee Firearms Assoc. Inc. • View topic - HB3125

HB3125

Forum section for the discussion of pending Tennessee legislation and proposed legislation.

Moderator: C. Richard Archie

Re: HB3125

Postby GKar » Tue Apr 20, 2010 5:23 pm

HB3125 did pass, but with what is likely a significant amendment. I "THINK" I have captured the language of the amendment correctly below:

...by deleting subsections (a), (b) and (c) in Section 3 of the bill as amended and substituting instead the following:
(a)
(1) Except as provided in subdivision (a)(2), an individual, corporation,business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.
(2)
(A) An individual, corporation, business entity or local, state or federal government entity or agent thereof that operates or manages an establishment that is open to the public, serves alcohol or beer, and derives less than fifty percent (50%) of its gross annual revenue from the sale of food shall prohibit the possession of weapons by any person who is within the confines of such establishment.
(B) For purposes of determining whether an establishment derives less than fifty percent (50%) of its gross annual revenue from the sale of food, such determination shall be made based on the prior calendar year of operation of such establishment. If an establishment has not been in existence or sold food for an entire year, the fifty percent (50%) shall be determined by the initial partial calendar year in which the establishment has been in existence.

(3) The prohibition in subdivisions (1) and (2) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351.
(b)
(1) Notice of the prohibition permitted or required by subsection (a) shall be accomplished by posting notices to be displayed in prominent locations, including all entrances primarily used by persons entering each building, or portion of the building or buildings, where weapon possession is prohibited.
(2) If the possession of weapons is also prohibited on the premises of the property as well as within the confines of a building located on the property, the notice shall be posted at all entrances to the premises that are primarily used by persons entering the property.
(3) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited. In addition to, but not in lieu of, the sign set out in subdivision (4), notice may also include the international circle and slash symbolizing the prohibition of the item
within the circle.
(4) The sign shall be of a size that is plainly visible to the average person entering the building, premises or property and shall contain the following language:
AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A WEAPON ON THIS PROPERTY, WITHIN THIS BUILDING, OR THE POSTED PORTION OF THIS BUILDING IS PROHIBITED. A VIOLATION IS A CRIMINAL OFFENSE PUNISHABLE BY A FINE OF $500 AND POSSIBLE IMPRISONMENT.
(c)
(1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.
(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).
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Re: HB3125

Postby tnxdshooter » Tue Apr 20, 2010 5:36 pm

Crossville, TN
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Re: HB3125

Postby tnxdshooter » Tue Apr 20, 2010 5:56 pm

Todd introducing a bill to fine establishments under 50% food if they do not report correctly? Who would enforce that the ABC?

http://www.tennessean.com/article/20100 ... s+in+House
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Re: HB3125

Postby GKar » Tue Apr 20, 2010 6:13 pm

Rayburn et al have no incentive to lie about percentage of food sales: either way, he's gonna post. The posting does not differentiate whether its by choice or required by law - only the establishment owner will really know. Tindall admitted this amendment doesn't have any enforcement features, which to me seems just poor legislative practice...like that's something new to the House...

Frankly, from a personal POV, I wouldn't mind seeing Todd's other bill pass and force those with food sales <50% to get off the pot. And somehow, I find the Tennessean's claim that all those establishments now <50% are paying monthly fines to ABC to be...well..amusing at best.
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Re: HB3125

Postby tnxdshooter » Tue Apr 20, 2010 6:28 pm

Crossville, TN
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Re: HB3125

Postby tnxdshooter » Tue Apr 20, 2010 6:35 pm

Crossville, TN
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Re: HB3125

Postby C. Richard Archie » Tue Apr 20, 2010 8:23 pm

So, if in fact the eating establishments that derive less than 50% of their revenue are labeled officially bars, do the various Municipality codes that preclude bars in their jurisdiction mandate then that the establishments be closed?
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

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Re: HB3125

Postby Rbtama101 » Tue Apr 20, 2010 9:05 pm

So, do I understand this correctly?

They want to add the same language that was so vague to the average person back into this new bill? Seems kind of counter productive yes?
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Re: HB3125

Postby GKar » Tue Apr 20, 2010 9:11 pm

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Re: HB3125

Postby C. Richard Archie » Tue Apr 20, 2010 9:22 pm

It appears to me to be intentionally confusing, a lot of gobbledygook to water the Bill down. There appears to be no incentive to follow the present ABC rules, more likely it is intended to let anyplace that wants to be a "bar" be one, and if they are, they will have to be posted.

I have read this thing 15 times, and it makes no more sense now than it did the first time. Reeks of a passage in the Game Rules.

I say scrap this and push for HB 2694.
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

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Re: HB3125

Postby Rbtama101 » Tue Apr 20, 2010 9:24 pm

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Re: HB3125

Postby TNReb » Tue Apr 20, 2010 10:44 pm

My letter to my Rep., Donna Rowland:

Rep. Rowland:

I have been proud to call you my representative over the years and I was disappointed to hear that you were not going to seek re-election. I would like to start out by saying thank you for your vigilance and efforts to hold the line on taxes over the years and for keeping us informed of the attempts by others to push harmful legislation, like the income tax, through.

As usual, however, there is more work to be done, although it is work I know we can count on you for. That concerns passage of HB3125. As you know, the anti-gun crowd, in concert with the hospitality group, have joined forces to amend this bill to include language detrimental to the purpose of the bill. My request is that you work to see that this bill passes on the floor vote without the amendment that was attached in the recent FW&M Committee meeting. Please help us one more time to defeat these people and allow honest, law-abiding citizens to protect themselves and their families without becoming criminals themselves.

As the recent events in Knoxville show, creating gun-free zones only allows those who wish to break the law the opportunity to do so with impunity. Again, this is not an issue of “guns in bars” or “guns and booze.” More to the point, this is about the rights of the law-abiding citizen to protect themselves as opposed to the criminals who could care less what is done with this law, other than the fact that it would send them a message that their targets might be able to effectively fight back if it is passed.

Again, thank you for your past service and for what you are going to do for us still. And thank you for doing all you can to help this bill pass without the latest amendment.

May God bless you,

I think we can count on her as she has always supported us and is dating Ronnie Barrett of Barrett Arms.
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Re: HB3125

Postby TNReb » Tue Apr 20, 2010 10:54 pm

Email sent to my Senator, Bill Ketron:

Senator Ketron:

I write today respectfully requesting that you do everything you can to see that SB3012, the restaurant-carry bill (along with its counterpart, HB3125), pass without amendment. Recently, the House bill was amended in committee, but that bill also needs to pass without that amendment.

This bill means nothing to the criminals who could care less what you do with it. However, it means a great deal to the honest, law-abiding citizens who simply want the right to defend themselves as guaranteed by the constitution, regardless of where they may be. As you know, creating gun-free zones only aids criminals. Isn’t it time we did something for those who obey the law?

Thank you in advance for your help in this matter. Many will be watching, and I urge you to do everything within your power to see that this passes and becomes law. Thank you for your service and your consideration.
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Re: HB3125

Postby Tim Nunan » Wed Apr 21, 2010 3:00 pm

Apparently the circle and slash will now be a legal sign for banning carry.
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Re: HB3125

Postby tnxdshooter » Wed Apr 21, 2010 3:37 pm

Not according to what I read.
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Re: HB3125

Postby C. Richard Archie » Wed Apr 21, 2010 3:46 pm

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

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Re: HB3125

Postby tnxdshooter » Wed Apr 21, 2010 5:53 pm

Crossville, TN
NRA Member
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Carry gun 1: Springfield XD 40 4" Stainless Bi-tone
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Re: HB3125

Postby C. Richard Archie » Wed Apr 21, 2010 6:36 pm

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

TFA/NRA Life Member
Chapter Leader, West TN Regional Chapter
C. Richard Archie
 
Posts: 902
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Re: HB3125

Postby David Lewis » Wed Apr 21, 2010 6:37 pm

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Re: HB3125

Postby SomeGuy » Wed Apr 21, 2010 10:21 pm

When you write the letters be sure to make it clear you want no bad amendments.
J. E. F. II, MSN, RN.
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