HB0962 Passes with Curfew

HB0962 (restaurant carry) passes the House on a vote of 70 to 26 with the curfew provision still burdening it.  There was more than an hour of debate although very little of the “debate” was even credible.  Everyone knew what was going to happen and for some reason a lot of those in opposition were intent on speaking out and in some instances with almost ignorant comments and challenges.

Now its time to try and kill that curfew in the SENATE!

Restaurant Bill in Jeopardy - HB0962

The restaurant carry issue has been a big topic of discussion for many years in Tennessee. The Senate has passed legislation for the last three years that essentially added a clause to the existing statute which said “permit holders excepted” from the prohibition.

The bill that is moving through the House is HB0962 (Todd). That bill was one of a handful that went through a rushed House firearms study committee that examined maybe 5% (if that many) of the 140 or so bills that impact firearms owners directly. It did not do the quality of work that the Senate subcommittee did when it reviewed these bills.

We previously reported on February 20, 2009, on the actions of the House study committee:

  Apparently without notice ascertainable from the State’s web site, the House Judiciary had a “Handgun Study Committee” meeting on Thursday February 19, 2009. Rep. McCord, during the meeting which was video taped, stated that this study committee had been in existence for approximately 11 years and that it has been studying these bill issues and generating reports. I have yet to see any of these reports.

  One aspect of this that is troubling is the fact that there is no notice or agenda for the meeting. For example, if you pull up the legislative web page for HB0962 (restaurant carry) at http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB0962 there is no mention of the bill being assigned to a study committee, there is no evidence that the bill was considered in a study committee on February 19, there is no evidence of the printed “amendment” that they discussed, nor is there is evidence of a report or recommendation on the bill itself. In addition, it is clear from comparing the video to the version of the bill that is on the state’s web site that they are not discussing the same language.

  The committee video is obtained at this link: http://tnga.granicus.com/MediaPlayer.php?view_id=88&clip_id=314

  The committee was chaired by Rep. Joe McCord (R. Maryville) Other members included Rep. Curry Todd (R. Collierville), Rep. Mike Stewart (D. Nashville), Rep. Harry Tindell (D. Knoxville), and Rep. Ulysses Jones (D. Shelby).

  The purpose of the committee was to generate a “committee report”.

  They focused on 4 bills. These were restaurant carry, confidentiality list, wildlife management carry and state parks carry.

  Restaurant Carry. HB0962 Much discussion on this issue and the problem in the minds of some of these legislators is again “what is a bar?” The issue they want to focus on is either how to define a bar or how to impose limits that would preclude people from being in restaurants during times that they think are indicative of “bar” and “tavern” problems.

  Rep. McCord proposed 2 routes to be used in combination to address the “bar” issue. TFA opposes both by the way.

  First, Rep. McCord discusses an outright ban after a certain time in the evening (proposed from 9pm to 11pm). The second part of the bill would ban possession if the establishment is “age restricted” - that is whether the place requires proof of age to enter the establishment.

  Rep. Todd stated that he wanted no frame but that an 11pm time frame would be better if there has to be a time frame. Rep. McCord added in to clarify that if the restaurant started carding prior to the time cutoff, then it would automatically become a restricted property which means people would have to get up and leave. Rep. Stewart said that he felt the 11pm deadline was too late and he recommended 9pm (that shows a lot of trust in gun owners now doesn’t it?). Finally, Rep. Todd moved to make the cutoff 11pm which carried on a voice vote.

  They also discussed what the law should be relative to a hotels (e.g., Opryland) that have restaurants. Rep. Todd expressed the belief that any such hotel is completely off limits, presumably even in the private rooms, but Rep. McCord suggested that this issue be deferred to the full committee.

  Confidentiality of Records HB0959 The “Commercial Appeal” poster child. Recommended without debate.

  Parks HB0960 Rep. McCord notes that the federal government change encourages this change in the law. Rep. Jones asked about city parks. Recommended without debate.

  Wildlife Management Areas HB0961 Similar to the parks bill. Recommended without debate.

  Although we have been unable to locate a calendar for the week of February 23, it was announced at the close of the committee meeting that all the “gun bills” would be in the House Judiciary Criminal Practices committee meeting on Wednesday, February 25.

This bill HB0962, with the poorly crafted Amendment 1 creates the restaurant bill with both a curfew and also an “age restricted” restaurant - which is a new definition - of those that do not admit people under the age of 18 (which, if I recall correctly arose out of smoking issues rather than gun or bar issues).

The bill was set for hearing on the House floor on March 30 (video of House floor). The debate started at 58 minutes into the clip and runs for almost a full hour after that.

At approximately 1 hour 35 minutes into the debate, a statement was made by Rep. Todd that the NRA was in support of the 11pm curfew. I have been advised by the NRA lobbyist that the NRA DOES NOT support the 11pm curfew. Not sure what exactly is going on there but the TFA is definitely AGAINST any restrictions, including the curfew, other than the “no consumption” standard.

Toward the end of the floor debate, Rep. Kelsey offered an amendment to remove the curfew. Rep. Todd, the sponsor, moved to “Table” the proposed amendment which would effectively preclude debate and discussion on the amendment and kill it. That tabling effort by Rep. Todd FAILED on a vote of 33 to 60.

What is particularly disappointing is that of the 33 votes in favor of killing the Kelsey amendment to strip off the curfew, the MAJORITY (18) of those voting in favor of tabling the amendment (that is voting in FAVOR of the 11pm curfew) were Republicans who typically profess to be the most supportive of the 2nd Amendment:

Representatives voting aye were: Bone, Borchert, Brooks H, Brown, Casada, Coleman, Coley, Dean, Eldridge, Fincher, Ford, Fraley, Harrison, Haynes, Johnson P, Kernell, Litz, McCord, McCormick, McDaniel, McDonald, McManus, Montgomery, Moore, Roach, Sargent, Shaw, Sontany, Stewart, Tindell, Todd, Yokley, Mr. Speaker Williams—33.

When Rep. Todd lost on the tabling motion, he rolled the bill until April 6.

Channel 4 news in Nashville reports that the bill may be dead for the year based on statements by Rep. Todd: Channel 4 video.

This is all most unfortunate. We have a small House “study” committee that looked at a handful of bills and made some decisions that were contrary to the approached used by NRA and TFA on this issue for 10+ years. Several of the House members who sat on that committee have not even been in the legislature for that length of time. The House committee completely ignored the fact that for 3 years the Senate has passed the bill without restrictions. Indeed, Rep. Todd himself sponsored a bill in 2005 which was exactly what TFA and NRA was wanting. That bill had 66 House SPONSORS!!! It was killed by Jimmy Naifeh.

  Filed for intro on 02/07/2005
  HOUSE BILL 887
  By Todd

  AN ACT to amend Tennessee Code Annotated, Title 39,

  Chapter 17, relative to firearms.

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

  SECTION 1. Tennessee Code Annotated, Section 39-17-1305(c), is amended by adding the following language as a new, appropriately designated subdivision:

  (c)(3) Authorized to carry a firearm under § 39-17-1351 who is not consuming beer, wine or any alcoholic beverage.

  SECTION 2. Tennessee Code Annotated, Section 39-17-1310(4), is amended by deleting the subdivision in its entirety and by substituting instead the following:

  (4) A person entering the property who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.

  SECTION 3. This act shall take effect July 1, 2005, the public welfare requiring it.

WE NEED AN OUT POURING OF PHONE CALLS STARTING NOW AND CONTINUING THROUGH NEXT MONDAY!!!!!!

TFALAC Update - March 28 2009

The TFALAC alerts contain updates on pending legislation.  The following PDF contains a calendar of all the bills that TFA is tracking as well as comments on the individual bills.  It is important to review the list and then contact your legislators (representative and senator) regarding each of the bills. Emails and phone calls are much better than letters at this point.  Personal contact is always BEST.

TFALAC Alert: Legislative Calendar Week of March 30, 2009

Tennessee House passes HB0254 despite almost insane opposition

HB0254 (Casada) / SB0554 (Norris) has a very limited purpose.  Its sole purpose is to omit the requirement that the FFL dealer obtain the thumb prints of purchasers of firearms.  TBI backs this bill because out of 2.3 million + sales the TBI has only requested the thumb prints once and in that case it was not useful.

Legislative Website Summary - HB0254

The bill was heard on the House floor today.  It had approximately 15 minutes of debate.  It is useful to watch the debate on the bill because you get an idea of whether the opposition to all guns bills will be this year.  Note that Jimmy Naifeh objected to passing the bill and insisted that it should have gone back to finance.  Furthermore, he made the comment that not all law enforcement were in favor of the restaurant bill - a factor which had absolutely nothing to do with HB0254 but may be evidence of an increasing inability to take legislation for its impact rather than the fact that it may mention “firearm” somewhere in its text.

Legislative Video of House Session 3-12-09 - Start at about minute 44 on the video for the debates.

House members voting against the bill are as follows:  Brown, Camper, Favors, Hardaway, Jones U, Miller, Naifeh, Pruitt, Richardson, Shaw, Turner L—11 (almost all of whom are from west Tennessee and typically strong Naifeh supporters).

Bill Updates - March 4, 2009

TFALAC Report on Bill Activity on March 4, 2009

House Judiciary Committee—Wednesday at 8:30 am—LP 31
MEMBERS: Chair Coleman (D), Vice Chair Lundberg (R), Secretary Sontany (R), Bass (D), Camper (D), Dennis (R), Faulkner (R), Fincher (D), Kelsey (R), Matheny (R), Stewart (D), Watson (R).

HB 0411
Pitts
CRIMINAL LAW: Selling of firearms to certain persons prohibited. Creates Class A misdemeanor offense of attempting to purchase a firearm when prohibited by law from possessing a firearm. Also creates Class A misdemeanor offense of selling a firearm to a person known to be prohibited by law from possessing a firearm. AMENDMENT: House Judiciary amendment 1 renames the bill, “Coach Willard Ross Act.” (SENATE: SB 0383, Barnes; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 10, 2009 Increase Local Revenue = Not SignificantIncrease Local Expenditures = Not Significant Increase State Revenue = Not SignificantIncrease State Expenditures = Not Significant

House Judiciary 03/04/2009 recommended with amendment 1. Amendment 1 renames to bill the “Coach Willard Ross Act”.

Sent to House Calendar & Rules.

HB 0414
Windle
CRIMINAL LAW: Inmate relations coordinators to carry firearms. Authorizes vested inmate relations coordinators to carry firearms to same extent as correctional officers. (SENATE: SB 0565, Yager; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Increase State Expenditures = Not Significant

House Judiciary deferred to 03/25/2009.

TFA OPPOSES this bill. It creates another “class” of civilians who are being granted special carry privileges based on their job. In this instance, these individuals do not carry on the job which is even more troubling. TFA routinely opposes all bills which propose to give civilians (anyone who is “off duty” under Tennessee law) special privileges to carry firearms based on what their normal job may be.

HB 0961
Matlock
CRIMINAL LAW: Handgun carry permit holders to carry in wildlife areas. Allows a person with a valid handgun carry permit to possess firearm in a refuge, public hunting area, wildlife management area, or on national forest land. AMENDMENT: House Judiciary Committee amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where access is denied. (SENATE: SB 1519, Burchett; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease State Revenue - $300/Wildlife Resources Fund Decrease Local Revenue - $400

House Judiciary 03/04/2009 recommended with amendment 1. Amendment 1 exempts state parks from the provisions of the bill and excludes those wildlife refuges where public access is denied. Sent to House Finance Committee.

The situation with the various “parks” bills is getting complicated because some bills are federal parks only, some are state parks only. There is a bill with Sen. Beavers and Rep. Bell called the Firearms Owners Protection Act of 2009 which addresses parks, restaurants and confidentiality in one bill. That is a safer approach than passing partial bills which may not end up complimenting each other.

HB 0070
Fincher
CRIMINAL LAW: Protection of property. Removes prohibition against using deadly force in protection of property. Specifies that there is an exemption from provisions allowing the use of deadly force against a person lawfully allowed to be in a business as there is for a dwelling, residence or occupied vehicle. (SENATE: SB 0474, Berke; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 14, 2009 Decrease state revenue - not significant decrease state expenditures - not significant Decrease local revenue - not significant decrease local expenditures - not significant

House Judiciary Committee deferred to 03/11/2009.

HB 0254
Casada
CRIMINAL LAW: Purchasers of firearms not required to produce thumbprint. Removes requirement that a gun dealer must obtain a thumbprint from a purchaser and deletes provision whereby the TBI must provide firearms transaction thumbprint forms. (SENATE: SB 0554, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease State Expenditures = Not Significant

House Judiciary 03/04/2009 recommended. Sent to Calendar & Rules.

HB 0716
Niceley
CRIMINAL LAW: Handgun carry permit holders can carry guns in state parks. Permits a resident who has a valid handgun carry permit to possess a handgun while within the boundaries of any state park. (SENATE: SB 0976, Faulk; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Minimal

House Judiciary 03/04/2009 recommended. Sent to Calendar & Rules.

HB 0962
Todd CRIMINAL LAW: Carrying guns in restaurants. Allows any individual with a handgun carry permit to carry into restaurants that serve alcoholic beverages as long as such individual is not consuming alcoholic beverages and such restaurant is not an age-restricted venue. (SENATE: SB 1127, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Decrease Local Revenue = Not Significant Decrease Local Expenditures = Not Significant

House Judiciary Committee deferred to 03/11/2009.

TFA OPPOSES the portions of this bill which contain the “age restricted” and “curfew” (11pm cutoff) provisions. The bill needs to come out without these restrictions such as the Senate has passed in the last 3 years. It is possible that these provisions could be removed in a conference committee but let’s either strip them now OR run a clean bill such as the Firearms Owners Protection Act of 2009. There are approximately 10 restaurant bills but this is the 1st one moving.

HB 0959
Bass CRIMINAL LAW: Handgun carry permit application info confidential. Makes information contained in handgun carry permit applications and renewals, information provided to any state or federal agency to investigate applicant, and records maintained relative to the permit application or revocation of permit confidential. Creates Class A misdemeanor offense of unauthorized publication of permit information or records. (SENATE: SB 1126, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 19, 2009 Increase State Revenue = Not Significant Increase State Expenditures = Not Significant Increase Local Revenue = Not Significant Increase Local Expenditures = Not Significant

House Judiciary Committee deferred to 03/11/2009.

TFA supports this bill but it is getting opposition from the “open records” supporters. We are considering proposing an amendment that would allow access to the records is the requesting party signed a statement under penalty of perjury (a misdemeanor) that the use of the database would not allow publication of personal information, including names, street addresses, etc., of anyone in the database in any publicly accessible means such as internet sites, newspapers, etc.

HB 0960
Tindell
CRIMINAL LAW: Handgun carry permit holders to carry in parks. Authorizes people with handgun carry permits to possess firearms in parks owned by state, local, or federal governments. AMENDMENT: House Judiciary Criminal Practice Subcommittee Amendment 1 deletes state parks from the bill’s provisions. The amendment also makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. (SENATE: SB 1518, Burchett; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 23, 2009 Minimal

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 deletes state parks from the bill’s provisions. The amendment also makes it permissive for a local government to allow firearms to be possessed in local parks. A majority vote of the local governing body would be required. Local governments would be able to decide in which local parks or specific areas of local parks, firearm possession would be allowed. Sent to House Judiciary.

TFA supports parks carry. However, this is another situation where the issues of federal, state and local parks are being handled in separate bills which poses the risk of creating gaps in the legislation for places such as “greenways”. TFA also opposes exempting local parks because some of these are quite large. A compromise may be to allow local legislative bodies (not parks administrators) to pass ordinances banning firearms possession within a certain distance (e.g. 100 yards) of any established ball diamond or field (football, soccer, etc.) and requiring that such locations be both clearly posted and that the restriction only apply when the sporting facilities are in active use.

HB 0082
Shaw
CRIMINAL LAW: Carrying firearms - judges. Authorizes current and retired judges who possess a handgun carry permit to carry a firearm under same circumstances and conditions as law enforcement officers and correctional officers. Current law allows law enforcement officer to carry firearms at all times, on-duty or off-duty, except if prohibited by federal law, court orders, or written directives of the executive supervisor of the employing agency, or if the officer is on school grounds or under the influence of alcohol or a controlled substance. AMENDMENT: House Judiciary Criminal Practice Subcommittee amendment 1 requires current and retired judges to undergo the same training for carrying a firearm as that of law enforcement officers. Such training would be at the expense of the current or retired judge. (SENATE: SB 0019, Gresham; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 20, 2009 Minimal

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 requires current and retired judges to undergo the same training for carrying a firearm as that of law enforcement officers. Such training would be at the expense of the current or retired judge. Sent to House Judiciary.

TFA OPPOSES this bill. It creates another “class” of civilians who are being granted special carry privileges based on their job. In this instance, the bills applies not only to sitting judges but also retired judges. TFA routinely opposes all bills which propose to give civilians (anyone who is “off duty” under Tennessee law) special privileges to carry firearms based on what their normal job may be.

HB 0517
Shaw
CRIMINAL LAW: Requires expunction of certain criminal records. Requires expunction of criminal records when 15 years has elapsed and the individual has not committed any major crime since and when the original crime was not a Class A or Class B felony or certain Class C felonies such as sexual offenses. (SENATE: SB 0724, Tate; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 3, 2009 Increase State Revenue = $48,000/AOC/RecurringIncrease State Expenditures - $48,000/AOC/Recurring $4,900/TBI/One-Time$71,200/TBI/Recurring Increase Local Revenue - $160,000/Recurring Increase Local Expenditures - $160,000/Recurring*

House Judiciary Criminal Practice Subcommittee deferred to 03/11/2009.

HJR 0032
West
CRIMINAL LAW: Joint committee to study Tennessee’s gun laws. Creates special joint committee to study Tennessee’s gun laws, including concealed carry permits, issuance of gun licenses to dealers and consumers, persons who are allowed to carry guns and where such persons are allowed to carry guns, penalties associated with guns, and any other matter the joint study committee may find reasonable and prudent. AMENDMENT: House Judiciary Criminal Practice subcommittee amendment 1 changes the due date of the joint study committee’s report from March 30 to May 30. The amendment also requires the study committee to meet only on legislative session days. (FISCAL NOTE: Dated: February 19, 2009 Increase state expenditures - $1,500/each one-day meeting increase local expenditures - $200/each one-day meeting*

House Judiciary Criminal Practice Subcommittee 03/04/2009 recommended with amendment 1. Amendment 1 changes the due date of the joint study committee’s report from March 30 to May 30. The amendment also requires the study committee to meet only on legislative session days. Sent to House Judiciary.

HB 1292
Casada
CRIMINAL LAW: Unauthorized publication of permit information or records. Makes information contained in handgun carry permit applications and renewals, information provided to federal and state agencies to investigate applicant, and records maintained relative to the permit application, or criminal background check confidential. Creates a Class A misdemeanor offense of unauthorized publication of permit information or records and specifies that such offense is punishable by a fine only. (SENATE: SB 1625, Beavers; Referred to Senate Judiciary.) FISCAL NOTE: Dated: February 19, 2009 Increase State Revenue = Not Significant Increase State Expenditures = Not Significant Increase Local Revenue = Not Significant Increase Local Expenditures = Not Significant

House Judiciary Criminal Practice Subcommittee deferred to 04/1/2009.

HB 1665
Todd
CRIMINAL LAW: Right to carry firearms and reserve deputy sheriffs. Adds commissioned reserve deputy sheriffs, authorized in writing by the sheriff, to list of those allowed to carry firearms as a law enforcement officer. (SENATE: SB 1912, Norris; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Minimal

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0390
Fincher
CRIMINAL LAW: Loaded guns in vehicles. Allows a person with a handgun carry permit to possess a loaded rifle or loaded shotgun in a motor vehicle. (SENATE: SB 0578, Jackson; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Decrease State Revenue = Not Significant Decrease State Expenditures = Not Significant Decrease Local Revenue = Not Significant Decrease Local Expenditures = Not Significant

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0046
Evans
CRIMINAL LAW: Handgun information privacy. Prohibits department of safety or any department-approved handgun safety course employee from requiring applicant for handgun carry permit to furnish any identifying information concerning any handgun the applicant owns or possesses. (SENATE: SB 0032, Tracy; Referred to Senate Judiciary.) FISCAL NOTE: Dated: January 27, 2009 Decrease state expenditures - not significant

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

HB 0351
Hackworth
CRIMINAL LAW: Assault on law enforcement officer. Creates Class E and D felony offenses of assault on law enforcement officer. Also creates Class B felony offense of aggravated assault on law enforcement officer. (SENATE: SB 0539, Ketron; Referred to Senate Judiciary.) FISCAL NOTE: Dated: March 2, 2009 Increase State Expenditures - $3,963,500/Incarceration* Decrease Local Revenue = Less than $100,000 Decrease Local Expenditures = Exceeds $100,000

House Judiciary Criminal Practice Subcommittee recommended 03/04/2009. Sent to House Judiciary.

Senate Judiciary Committee—Wednesday at 3:00 pm—LP 12
MEMBERS: Chair Beavers (R), Vice Chair Jackson (D), Secretary Overbey (R), Black (R), Bunch (R), Faulk (R), Kyle (D), Marrero (D), Stanley (R).

SJR 0001
Norris
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Adds provisions to the state constitution to establish the right to hunt, fish, and harvest game subject to reasonable rules and regulations. Establishes standard for reviewing such rules and regulations. FISCAL NOTE: Dated: December 18, 2008 Increase local expenditures* - $20,000/one-time/fy10-11

Taken off notice in Senate Judiciary 03/04/2009.

SJR 0030
Jackson
ENVIRONMENT & NATURE: Constitutional amendment - right to hunt and fish. Proposes an election of the people for the purpose of determining whether Article XI, Section 13 of the Constitution of Tennessee should be amended to establish the right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. FISCAL NOTE: Dated: February 6, 2009 Increase local expenditures - $20,000/one-time/fy10-11*

Senate Judiciary 03/04/2009 recommended. Sent to Senate Finance, Ways & Means.

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