New Law (SB3012) AS AMENDED

[TNReb]

I know there has been some confusion as to exactly what the new law says due to the fact that the State site doesn't take into account the amendments to the bill. If you just click on the bill, you get the original form, not the bill as amended. What I have tried to do is take the original bill and insert the amendments where needed. I think the following is correct, but if not, please feel free to let me know. Here goes:


SENATE BILL 3012
By Jackson

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13; Section 57-3-204 and Section 57-4-203, relative to permitting or prohibiting the carrying of firearms in certain places.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-1305, is amended by deleting the section in its entirety.

SECTION 2. Tennessee Code Annotated, Section 39-17-1321, is amended by deleting subsection (b) and by substituting instead the following:

(b) It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (1) of this subsection (b).

(c)

(1) A violation of this section is a Class A misdemeanor.
(2) In addition to the punishment authorized by subdivision (1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

SECTION 3. Tennessee Code Annotated, Section 39-17-1359, is amended by deleting the section in its entirety and substituting instead the following:

(a)

(1) 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) The prohibition in subdivision (1) 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 by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.
(2) 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.
(3)
(A) If a sign is used as the method of posting, it shall contain language substantially similar to the following:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.

(B) As used in this section, “language substantially similar to” means the sign contains language plainly stating that:
(i) The property is posted under authority of Tennessee law;
(ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; and
(iii) Possessing a weapon in an area that has been posted is a criminal offense.
(C) A building, property or a portion of a building or property shall be considered properly posted in accordance with this section if one (1) or both of the following is displayed in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited:
(i) The international circle and slash symbolizing the prohibition of the item within the circle; or
(ii) The posting sign described in this subdivision (3).

(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).



(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.

(e) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.

(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.

SECTION 4. Tennessee Code Annotated, Section 39-17-1351, is amended by inserting the following between the fourth and fifth sentences of subsection (e):

Beginning September 1, 2010, and thereafter, a component of the classroom portion of all department approved handgun safety courses shall be instruction on alcohol and drugs, the effects of those substances on a person's reflexes, judgment and ability to safely handle a firearm, and the provisions of § 39-17-1321.

SECTION 5. Tennessee Code Annotated, Section 57-3-204, is amended by deleting subsection (e) in its entirety.

SECTION 6. Tennessee Code Annotated, Section 57-4-203, is amended by deleting subsection (k) in its entirety.

SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring it.


__________________

[Ron W]

I just called the Secretary of State's office and spoke to a man named Richard in the office which assigns TCA numbers. He said that SB-3012 takes effect July 1. I informed him on the above posting, but he said the original bill language said July 1 which is what their office was going by. This definitely needs clarification!

[Volzfan]

[Ron W]

On previous bills over thew years, most all of them it seems took effect on July 1. Until there is some official word from the Secretary of State's office, I will wait until then to go armed in an alcohol-serving, non-psoted restaurant. The anti-gun bigots would like nothing better tahn to ahve some HCP holders arrested for "jumping the gun" on SB-3012.

[macville]

[SomeGuy]

I carry in unposted restaurants. I can read English even if doing so is above the pay grade of a government worker. Going by the original when the bill was amended is downright stupid. We have all heard of judicial activism, must we now suffer bureaucrat activism now?