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!!!!!!