Time to comment
Tennessee HB 3125 passed the Tennessee State House of Representatives last week, by a more than 2:1 margin. It was amended to conform to SB 3012, which had been passed by the State Senate earlier.
This bill allows Tennessee Handgun Carry Permit holders to carry in restaurants that serve alcohol. As a side note that I beat to death last year, Tennessee does not recognize bars. There are restaurants and restaurants licensed to sell alcohol by the drink. Technically speaking, it is illegal for any establishment to derive more than 50% of its revenue from alcohol sales.
Many establishments violate that law daily and without punishment.
This bill is good, but it is flawed. There are three amendments stuck to it that make the language vague (perhaps unconstitutionally so, as with last year's bill). It removed the prohibition against carrying in an alcohol-serving establishment. It also added:
Amendment 1 - among other things, this amendment allows any location to legally post with a circle-slash symbol. This is bad. Really bad.
Amendment 2 - Adds to the penalty a HCP Holder would face if they possess a firearm and consume alcohol at the same time - the additional penalty? Lose one's permit for up to three years. This is unnecessary - the law already provided for that punishment.
Amendment 3 - Clarifies that a sign posted to prohibit HCP holders from carrying in a location must be plainly visible. Again, unnecessary. This is also already stated within Tennessee Code Annotated.
The bill is expected to be vetoed by Governor Bredesen before he leaves for China on Thursday May13. It is then expected to pass overwhelmingly into law on an over-ride vote by the State House of Representatives. I predict a similar 2:1 vote margin.
Then, July 1, or upon signing (that part is not yet clear), I will be allowed to carry into restaurants again.
At least until the case is heard by an activist judge.
My proposed solution?
Strip the part of the law that prohibits carrying into restaurants serving alcohol. No additional wording.
I also advocate the removal of TCA 39-17-1359 - the law that provides for criminal penalties if a HCP holder carries in a location that is posted. Only two states in the US have such a law. It is antiquated, and is the only law in all of the TCA that allows one citizen to determine whether the acts of another citizen are criminal.
This bill allows Tennessee Handgun Carry Permit holders to carry in restaurants that serve alcohol. As a side note that I beat to death last year, Tennessee does not recognize bars. There are restaurants and restaurants licensed to sell alcohol by the drink. Technically speaking, it is illegal for any establishment to derive more than 50% of its revenue from alcohol sales.
Many establishments violate that law daily and without punishment.
This bill is good, but it is flawed. There are three amendments stuck to it that make the language vague (perhaps unconstitutionally so, as with last year's bill). It removed the prohibition against carrying in an alcohol-serving establishment. It also added:
Amendment 1 - among other things, this amendment allows any location to legally post with a circle-slash symbol. This is bad. Really bad.
Amendment 2 - Adds to the penalty a HCP Holder would face if they possess a firearm and consume alcohol at the same time - the additional penalty? Lose one's permit for up to three years. This is unnecessary - the law already provided for that punishment.
Amendment 3 - Clarifies that a sign posted to prohibit HCP holders from carrying in a location must be plainly visible. Again, unnecessary. This is also already stated within Tennessee Code Annotated.
The bill is expected to be vetoed by Governor Bredesen before he leaves for China on Thursday May13. It is then expected to pass overwhelmingly into law on an over-ride vote by the State House of Representatives. I predict a similar 2:1 vote margin.
Then, July 1, or upon signing (that part is not yet clear), I will be allowed to carry into restaurants again.
At least until the case is heard by an activist judge.
My proposed solution?
Strip the part of the law that prohibits carrying into restaurants serving alcohol. No additional wording.
I also advocate the removal of TCA 39-17-1359 - the law that provides for criminal penalties if a HCP holder carries in a location that is posted. Only two states in the US have such a law. It is antiquated, and is the only law in all of the TCA that allows one citizen to determine whether the acts of another citizen are criminal.
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