Lack of support kills HB 2021, Parking lot bill

[Sky King]

I was getting all my things ready to go to Nashville tomorrow to support HB 2021 by Evans. I spoke on the phone with Representative Evans today, (Tuesday, the 5th) for a good amount of time.

The bill will be heard and he feels it will pass, HOWEVER, to get it passed, he has ammended the bill significantly. He has totally deleted all verbage that would prohibit an employer from prohibiting a permit holder keeping his or her legal firearm locked, out of sight in their private vehicle while parked on their employers parking lot.
The only thing left is the protection for the employer against any liability should the employer CHOOSE to not post or ban the weapons.

Representative Evans catagorized it now as an "INCENTIVE" bill. He hopes that with the protection against liability, employers will be willing to remove the postings and bans.

He cited the reason for the change as being the resistance of the committee members to impose on private property rights.
He also was very clear that he had not received ANY support from the NRA or TFA on this bill. He stated that members of both organizations, (of which he is a life member of both), need to NOT wait untill a bill is scheduled to be heard. Phone calls, letters, emails and personal visits to their respective representatives AND the committee members well in advance. This, according to Representative Evans, HAS NOT HAPPENED.
He stated that he had no more than three votes on the sub-committee in support of the origional bill.

As much screaming and hollering, weeping and wailing that people have done saying they want this bill, it appears that it has been little more than lip service.
People, if we want this bill, you are going to have to do much more than just talk about it on forums like this.

If I offended anybody, I HOPE SO. It is time to put up or shut up. Right now the only chance we have for a parking lot bill that is really effective is HB0355 or the big NRA omnibus bill sponsored by Mr. Matheny. I give both of those a snow balls chance in a furnace.

[johnharris]

Sam,

That NRA bill was dead before it was filed. The NRA knew better but its lobbyist threw it in anyway. I did not spend anytime at all support it nor would I have gotten behind it if it had started to move.

[Sky King]

[johnharris]

Sam, I am in the middle of a trial and am literally checking in during a lunch break.

Let me be perfectly candid that I feel that the NRA's lobbyist in TN over the last several years has not done a good job, period. But, that is not my decision - it is the NRA's and that the of the NRA members of this state collectively.

Bills have become law which with the help of the prior NRA lobbyist were killed. Now, things have changed, and we have problems with the adverse language that was put in the castle doctrine (which he have had for many years), we have all non-violent felons (even with full restorations of citizens) becoming reclassified as prohibited persons and losing not only permits but the capacity to even possess firearms.

Generally, I do not even know - and did not this year - what the NRA was filing for bills until it was too late or even already filed. Once they get filed, they are harder to change than when they are being drafted.

It is hard enough to devote donated time to do this, it is even harder and more stressful when you have to disagree with the NRA's lobbyist and that creates confusion (which did not exist with the 4 prior lobbyists) about what TN's firearms owners desired.

To be fair, the NRA has had a large presence over the last 16 years but in the last few it has not been a working presence with, at least, me. Whether I am in the picture or not, Tennesseans deserve an NRA lobbyist that clearly understands how laws are written and how proposed legislation impacts not only existing statutes but also existing case law.

[Sky King]

I did not go to Nashville. I watched the video of the hearing and it went pretty much as I expected and confirmed that my going would have been of little use.
Mr. Evans did present his amendment which passed with little to no objection.

Dan Haskel who is a lobbiest who represents several business organizations and has been very vocal in his opposition to parking lot bills of the past. Even he was in support of this bill as amended. Janis Sontany only asked for confirmation that the bill as amended did NOT impose any requirement on employers to allow employees keep firearms in their vehicles. When that was confirmed, she did not voice any objections.

I think this tells it all. When regular vocal opponents now come out with either NO opposition or actual support, it tells it all. Mark my word, there will be VERY few if ANY employers who now ban weapons, change their policy or take down the postings in response to this bill.

The only positive thing that was said, Representative Eddie Bass did comment to Mr. Evans that he may introduce an amendment in the full committee to re-establish the requirement to allow employees to keep weapons in their car. He did not expound any further.

If that is the case, a letter and email writing, phone call campaign needs to take place full speed in anticipation of Mr. Bass offering such an amendment in the full committee.

[C. Richard Archie]

From what I can tell, limited as my contact with Legislators is, there is no support from the upper echelon of the Majority Party for this initiative, (in the House anyway).

I am all for getting a letter writing campaign started up, asking the Legislators if the support the ability of legal, licensed Permit Holders to be able to keep their weapons locked in their personal vehicles, and, to ask them why they do or do not support such a Bill.

We need data to decide on who to support in the next election.

[tnxdshooter]

So ummm what is the point in having a parking lot bill if you cant keep your gun in your car?

[GGUNSHOP]

Honestly what bothers me the most about this year is the lack of support by both the NRA and TFA. They simply arent working together, and honestly I feel thats the NRA fault. I havent recieved one email, letter, seen any facebook posts about, or witnessed a true effort by either this year. Its like having a stud football player sitting on the sidelines saying..."Thats OK Coach, I dont wanna go into the game".

I spoke with Mike McDonald about his bill, HB0355, and he's having problems getting Republican support for the bill. To date he hasn't been able to get one single Republican co-sponsor for it. Why cant Josh Evans and him get on the same page and ...combine the bills with respective co-sponsors from each side? Quit watering it down. Make it one bill thats simple and to the point. I really don't want any gun bills to get killed or withdrawn for lack of support.

Most people I talk to think, I honestly understand why, the NRA/TFA has basically chosen to sit this year out. Although Harwell is known to be a lil anti gun she cant be that bad if both sides would unilaterally get behind a bill. Theres lots of Democrats ready to vote in favor of a gun bill. All we need is the Republicans to get their collective heads together and support one.

Im hearing the republican are getting tons of pressure from big buisness to not allow these bills to be passed. For some reason Fed-Ex in Memphis keeps coming up. Seems were fighting lots of money and political pressure.

Honestly this shouldnt be a Democrate or Republican thing. It should be about improving our gun rights agenda.

[Sky King]

[GGUNSHOP]

and your absolutely right... my problem is Mike took the initiative and co-sponsored Josh's bill but he wont do the same for Mike. Somethings wrong with that picture from a gun rights and proud Tennesseans point of view.

Too much Party postureing and not enough common sense!

[Sky King]

Well the bill is now set to be heard in the full Judiciary committee on April 12th, this comming Tuesday at 10:30 AM. What I find amazing, (not really) is how many House Republicans (9), have now signed on as co-sponsors.

Folks, it is time to get the emails and phone calls going BIG time. Primarily I think to Mr. Bass given his comment in the sub-committee hearing. We need to encourage him to offer up an amendment to take the bill back to it's origional form.

I personally think this is a do-or-die time for this year. If you know ANYBODY with a permit, TFA, or NRA member or not, get them to contact the members of this committee AND their respective representative.

Tuesday is a day that I can go to Nashville if necessary. If we think there is even a small chance we can get this thing turned around, I will go and I encourage any others who can make it to show up.

[C. Richard Archie]

I have written and called all of the House Judiciary Members asking them to reinstate the "meat" of HB 2021. Of course, I have not heard back from any of them. It seems that there is a blanket over the Legislature with respect to this Bill, and apparently, the constituency does not merit a response.

[Sky King]

I called Eddie Bass' office. I got the answering machine. I plan to email and call the rest of the members tomorrow. Being Friday, I doubt that any of them will be there but I will at least try to talk to their office assistants. I plan to do the same thing on Monday and try to get a feel for things.

Given that Eddie Bass is a Democrat, any amendment he offers may not get any traction. It seems that the Republican majority has really, as you say, put a blanket on this thing. I am not really sure why.

This will be the second time Josh Evans has backed off his parking lot bills. Last session, he actually told me that he had been "instructed" by the slim majority leadership to not push his bill because the pro business lobby threatened to seriouslly oppose any Republican cantidates in the next election causing them to loose the slim majority that they had.

Well now the majority is much stronger but again Josh Evans is backing off. With his amendment watering down the bill, he now has gained 9 co-sponsors from his party which suggests at least to me that he was again "instructed" or "encouraged" to water down the bill. While he actually said to me via phone that he blames the NRA and TFA for their lack of support on this bill, I just wonder.

And lastly for now, Mr. Evans stated to me that he is a TFA life member. Why could he not have come on this forum to drum up support for his bill? Is there some rule for members of The General Assembly against using forums such as this to ask for support for their positions on given legislation or is there some rule on this forum forbidding such activity by legislators?

[tnxdshooter]

I will be emailing Ken Yager and Jim cobb today when I get off work. Who else do I need to contact?

[Sky King]

[Sky King]

Ok, I have called every member of the House Judiciary committee. Most of which I had to leave a voice message. I did send this email to every member also. One of the office assistants said that it was not advisable to send a FAX as if you notice on each members page, the FAX number is only one of two numbers for all of them. They don't actually go directly to the representatives office. Who knows where it winds up. Anyway, here is the letter I emailed. If any of you like it, feel free to use it, edit it as you see fit to support a parking lot bill. Just delete my name at the bottom and add yours.

Honorable members of The Tennessee General Assembly and the House Judiciary Committee,

I would like to address HB 2021 introduced by Representative Joshua Evans. The bill as originally introduced provided protection to employees who would choose to store a legally owned and carried firearm in their private vehicles while parked on their employee's parking lot. He has since introduced an amendment that deletes all the provisions protecting the employee, leaving only the liability protections for the employer should they choose not to prohibit or post a ban against the keeping of the firearms in the private vehicles.

The central issue that seems to be the point that many object to is the issue of personal property rights. Many argue that this takes away from the employer the right to say what is and is not allowed on their property.

There are right involved. There have been many occasions when issues before us have pitted the rights of one against the rights of another. When these rights run head to head, we are called upon to decide whose rights are more important.

Tennessee passed legislation a few years ago which recognized the private property rights of an individual in regards to their private vehicle.

In The Declaration of Independence, our countries founders wrote that we also have an inalienable right to life.

By allowing the employers to prohibit the storage of certain private property in the car, they are therefore controlling what I can keep in my car when I am NOT on their property, far exceeding the reasonable reach and scope or their right to control their property. If I can not keep the item in my car when I arrive at work, then I can not have it in my car when I leave home or leave work.

Items that are legally owned and possessed and REMAIN in the vehicle represent no harm to the employer. I would go further to ask that IF my vehicle contained illegal drugs and were found by law enforcement while parked on my employers parking lot, would the employer have any culpability in the possession of illegal drugs? I seriously doubt it as it would be pointed out that the vehicle is the property of the employee and therefore the employee is in possession, not the company. The company would be very quick to point out that they can not control what an employee keeps in their PRIVATE vehicle. Again, the company is not harmed.

But we are not talking about anything illegal. Do the company's rights in regards to private property trump my rights to my private vehicle or better yet my inalienable right to life?

By giving employees this protection, there is no harm to the company and represents a very minimal intrusion on their rights. That intrusion pales in comparison to the total revocation of my rights to personal protection which impacts my right to life and my right to control what is in MY personal property. This is especially true in light of the fact that their control extends beyond their property all the way to my driveway.

Please do not impose on MY personal rights and the rights I have regarding MY personal property.

[Sky King]

There have to be a lot of smoke and mirrors. I spoke with Eddie Bass's office assistant today. She said that he had spoken of an amendment but she had not seen it yet. I indicated my intent to come to Nashville tomorrow to support the amendment he mentioned in the sub-committee meeting but if he is not going to introduce it, there is no reason to go. Mainly because I am NOT in support of the bill as it now reads after Rep, Evans amended it. Although the Tennessee General Assembly web site still does not show the amendment introduced by Evans and voted on in the sub-committee. In my opinion, if it goes through as amended, it is a worthless bill and not worth the time and expense of traveling to Nashville. I would almost urge the committee to totally vote against it if we can't include employee protection.

[C. Richard Archie]

I have contacted every member of the Judiciary Committee as well, to no avail. It appears that there has been a "Gag Order" instituted with respect to this Bill. I have not received a single response from any of the contacts I have made.

[C. Richard Archie]

There appears to be one last chance at resurrecting this bill to it's original form, and possibly getting the proper language for a reduction in liability for the business owners inserted correctly, (hopefully making it more palatable to a greater number of the Legislators).

If the Speaker of the Senate (Lieutenant Governor Ron Ramsey) were to "refuse to receed" the bill as proffered by the House, then he could appoint a conference committee amenable to the interest of HCP Holders desirable of seeing this legislation come to fruition in its original form.

I have e-mailed the Lt. Gov. and left a voice mail as well. I suggest that others who may wish to see this Bill at least come to a floor vote, (so that we can gauge who is for it and who is against it), join me in this last ditch effort.

[Sky King]