HB 2694 by Dennis

[C. Richard Archie]

Firearms and Ammunition - As introduced, repeals statutory prohibition relative to possession of a firearm where alcoholic beverages are served. - Amends TCA Section 39-17-1305.

Seems to be te clean Bill that we have been looking for.

[macville]

Clean bill? It can't get ANY cleaner OR better than this. Here is the ENTIRE bill:

HOUSE BILL 2694 By Dennis
AN ACT to repeal Tennessee Code Annotated, Section 39-17-1305, relative to firearms.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 39-17-1305, is repealed.
SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.

This is exactly what we need. Can't be ruled unconstitutional AND allows carry everywhere Alcohol is served.

Get on the horn with your reps that you want them to support this!

Matthew

[macville]

BTW, write Rep Dennis to thank him for his support. I think it's important it let our reps/senators know that we have their backs.

Matthew

[ProguninTN]

Maybe "keeping it simple" will further the chances of passage. Should it pass, Randy Rayburn et al will have their case rendered moot.

[johnharris]

Rep. Dennis hinted at this when he came - along with 3 other House members - to the January Nashville area TFA chapter meeting. Its a snapshot of what we might see if new, more constitutionally sound legislators are put in office. Let's work hard in 2010 - that includes raising campaign funds personally or through the TFA's PAC - to help push forward candidates who will move increasingly in this direction and if we succeed 2011 could be more impressive than 2009 was for Tennessee's gun owners.

[xlr8]

[RobertNashville]

It's very much better!

Senator Jackson's bill sees to do nothing but muddy the waters (no offense intended to Senator Jackson).

If my understanding is correct this bill is about as clean and basic as you can get and (again if I understand correct) it essentially means that if you aren't drinking you can carry; if you are drinking you can't so...no confusions about or need to differentiate between a "restaurant" that serves adult beverages compared to a "bar", etc.

[GKar]

[johnharris]

The bill which repeals the existing law is certainly designed to overcome any possible constitutional objection.

That issue, however, is not the end of the calculus. We have to determine in the current legislative environment - under the oversight of a misinformed (some might conclude intentionally misinformed) new media and other wackos who fail to comprehend the constitution - what can be passed into law. I think Senator Jackson senses this and, as he said on the cable show on Thursday, I think he would vote with the repeal but has concerns as to whether it will get enough votes to pass.

What this means to TFA and others who are grassroots supporters of the 2nd Amendment is that we must step it up and demand of all elected officials that they move forward with something as close to the repeal as we can get.

[SomeGuy]

I for one think we could get the repeal, even with this environment. THe only issues is the House Speaker, but I think he could have pressure brought to bear on him that he wouldn't try to Naifeh us.

[TNReb]

This bill was sent to the Criminal Practice and Procedure Subcommittee (S/C) of the Judiciary Committee on 1/27/10, but has not been placed on the calendar. Perhaps we should contact the members of that S/C and ask that it be placed on the calendar for a vote.

In the meantime, HB1805, which allows carry in all parks without opt-out language; HB1806, which allows for carry on school property in a car with no display; and HB1807, which allows for carry in any restaurant where alcohol is served as long as the permit holder is not consuming and the property is not posted, are all scheduled for consideration by this S/C on 2/17/10. The members of this S/C are:

Eric Watson, Chair
Janis Sontany, Vice-Chair
Eddie Bass
Karen Camper
Judd Matheny
Barrett Rich

Their email addresses are in the following format: rep.(1st Name).(Last Name)@capitol.tn.gov. For example, the chairman's address would be: rep.eric.watson@capitol.tn.gov. You can go to www.capitol.tn.gov to get the information on all the bills, committees, and the like.

None of the Senate bills appear on the calendar for this week. Email these folks and let them know how you feel (respectfully, of course). You might also want to include a request to move HB269 to the calendar and report it out of the S/C to the Judiciary Committee and on to the full Senate.

[SubVetSS522]

Here are my first replies to the email I sent to committee members today.

Jim Kyle wrote, "It is about guns and alcohol. They don't mix. I will be voting no"

Representative Barrett Rich wrote, "I am for preserving our Second Amendment rights in Tennessee. I also support my friend and colleague Rep. Dennis.
If you have any additional questions for me, please let me know".

This is a copy of the email I sent.

Subject: Guns in Bars and Restaurants.

Dear Representative Rich,

This is not about Bars and Restaurants; it’s about allowing citizens with a Hand Gun Carry Permit to legally carry their firearm with them where alcohol is served. It’s become quite clear to me that the most effective way to clear up any and all issues regarding “vagueness” in the LAW is to support; HB2694 by Dennis and SB3735 by Bunch. This will certainly clear up any “vagueness”.

I am asking that you confirm to me your support in this matter or tell me of your concerns.

I also provided my name, address, phone number and email address.

If this is not the best way for me to report any replies please advise...........ta

[SubVetSS522]

Here's my second update on replies to the email I sent to committee members today.

Rep. Eddy Bass wrote, "Thomas, thank you for writing. I think my voting history will show that I always support all bills which strengthen our 2nd amendment rights".

I'll post more as I receive them.............ta

[SubVetSS522]

This is my final update on the emails I sent and their replies.

House Criminal Practice & Procedure Committee.
Eric Watson - Message deleted without reading.
Janis Sontany - Message deleted without reading.
Eddie Bass - Will support the BILL.
Karen Camper - No reply.
Judd Matheny - Will support the BILL.
Barrett Rich - Will support the BILL.

Senate Judiciary Committee.
Mae Beavers - No reply
Doug Jackson - Will Support the BILL.
Doug Overbey - Message deleted without reading.
Diane Black - Will support the BILL.
Dewayne Bunch - No reply.
Mike Faulk - No reply.
Brian Kelsey - No reply.
Jim Kyle - Will NOT support the BILL.
Beverly Marrero - No reply.

I also notice that HB2694 and SB3735 are not on the calender this week so I guess all of this is a mute point...........ta

[C. Richard Archie]

This one is Placed on cal. Judiciary Committee for 03/30/2010.

Maybe the thing to do is rally round this one and forget that unloved Todd Bill?

Is there a chance we could harness the building sentiment to move this to a floor vote?

[tnxdshooter]

Yall got me totally confused. Is hb 3125 scrapped or what?

[C. Richard Archie]

[tnxdshooter]

[C. Richard Archie]

The State of TN has in effect "sued", or more correctly, filed some sort of appeal to seek a higher court's review of the opinion rendered by Judge Bonnyman. If you remember Rep. Sontany's entreaty to "wait till the appeal is over" in the s. committee hearing, that was referencing the action brought by the Attorney General. Supposedly he is looking after our interest, but more likely, to not make the Legislature look like a bunch of amateurs, unable to write a Constitutional Law. I doubt seriously his desire is for the HCP holder to be able to carry in restaurants simply because he thinks it is the right thing, but I could be wrong.

[C. Richard Archie]

After much reflection on this issue:

My course of action will be to actively support any Bill which comes to floor of the House with the attributes that fulfill our criteria, carry in venues that serve alcohol, and whose proprietors allow the law abiding Citizen to carry according to their right to post or not. If they do not want my dollars, I will oblige them and seek other places to spend my money. No silly limiting of venues relative to type served and a simple reliance on the history of HCP holders to obey the law. There is no need to restate the no consumption requirement, it is covered elsewhere and panders to the opposition view that legal permit holders are not to be trusted to know that already.

Admittedly, I was very disappointed in the recent delay of HB 3125 to be treated in Finance, Ways and Means. I do not understand the reasoning, but then I am a concrete finisher, not a Legislator, and as my wife reminds me from time to time, a simple one at that. I am sure that forces were brought to bear that are beyond my scope of understanding, and we must wait and see what the results of said forces are.

To assign blame without knowledge of the actual happenings is unfair, time will tell the true tale, and then we can assess the situation with full knowledge.

This I do know, I am looking for Legislators that have a real understanding of the Constitution to support with my labor and dollars. They must understand and recognize that Article 1, Section 26 of the Tennessee Declaration of Rights is a two part statement. The first describes the Right, “That the citizens of this state have a right to keep and to bear arms for their common defense;” the second proscribes the limits of power given the Government, “but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.” Each Legislator takes an oath to uphold, protect and defend that chain on their power and profession of our Rights. We must reset the metric, as it appears that some who occupy those seats have forgotten their obligation to regulate the wearing of arms to make us safer, not to deny us the ability to protect ourselves.

I will know them by their actions, and will react accordingly, support for those who serve Liberty, and efforts to help pack and send home those who do not.