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Thread: TN HB 0898/SB 1273

  1. #1
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    post removed--due to my failure to properly read an attached amendment:

    Instead I ask that if you are a TN resident--to call your house rep and ask them to vote NO on HB 0898

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    HB 0898
    Watson E.
    CRIMINAL LAW: Handgun carry permit holders allowed to carry in parks. Allows person with a valid handgun carry permit to carry handgun in a public park, public postsecondary institution, or an establishment where alcoholic beverages are being served. Permits a judge, on-duty or off-duty, to carry a firearm. Specifies restrictions for judge with carrying of firearm. AMENDMENT: House Judiciary amendment 1 makes the bill. Removes the prohibition that an off-duty law enforcement officer cannot carry a firearm within the confines of an establishment where beer or alcoholic beverages are sold for consumption on the premises. (SENATE: SB 1273, Bunch; Senate Judiciary 05/27/2009 recommended with amendment.) FISCAL NOTE: Dated: March 26, 2009 Decrease state revenue - not significant. Increase state expenditures - $38,200/one-time. Decrease local revenue - not significant. Increase local expenditures - exceeds $50,000/one-time.
    TFA opposes as written. First, the bill has been stripped of any benefits for permit holders.
    Second, the bill has been converted to nothing more than a "special class" bill making certain classes of civilians - "off duty officers" - exempt from standard restrictions (now in light of the veto).
    This is one of those issues which should not exist. All civilians should be treated under the carry laws. It should not make a difference what the person's job or former job is or may have been.
    If these individuals are going to be carrying pursuant to their law enforcement commissions or directives, then clarify that if they are involved in a shooting "off duty" that their departments are financially liable for any damages done just as if the officer shoots "on duty". Also, from the officer's perspective, it needs to address the issue of if they are "off duty" and use their weapons in a law enforcement capacity that they are protected in the event that they are injured.
    Since this bill has morphed from its original title, we need contacts to our legislators to stop this legislation.

    One may or may not agree with Tennessee Firearms Association's take on this bill, but they are not happy with the way it has been amended, as noted above. OMO, YMMV.


    ETA: This is what it has become after being amended in the House Judiciary Committee. As I understand it, it has become a bill solely about expanding the places that LEOs can carry off-duty:

    Judiciary Committee 1 Amendment No. 1 to HB0898 Coleman Signature of Sponsor AMEND Senate Bill No. 1273 House Bill No. 898* HA0429 00701571 -1- by deleting all language after the enacting clause and by substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting subsection (c) and substituting instead the following: (c) The authority conferred by this section shall not extend to a law enforcement officer: (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance; or (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
    Source: http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf

    The original bill did great things...this amended bill removes most, if not all, of the benefits. The above language is all that will be being voted on in the House.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    falcon1 wrote:
    HB 0898
    Watson E.
    CRIMINAL LAW: Handgun carry permit holders allowed to carry in parks. Allows person with a valid handgun carry permit to carry handgun in a public park, public postsecondary institution, or an establishment where alcoholic beverages are being served. Permits a judge, on-duty or off-duty, to carry a firearm. Specifies restrictions for judge with carrying of firearm. AMENDMENT: House Judiciary amendment 1 makes the bill. Removes the prohibition that an off-duty law enforcement officer cannot carry a firearm within the confines of an establishment where beer or alcoholic beverages are sold for consumption on the premises. (SENATE: SB 1273, Bunch; Senate Judiciary 05/27/2009 recommended with amendment.) FISCAL NOTE: Dated: March 26, 2009 Decrease state revenue - not significant. Increase state expenditures - $38,200/one-time. Decrease local revenue - not significant. Increase local expenditures - exceeds $50,000/one-time.
    TFA opposes as written. First, the bill has been stripped of any benefits for permit holders.
    Second, the bill has been converted to nothing more than a "special class" bill making certain classes of civilians - "off duty officers" - exempt from standard restrictions (now in light of the veto).
    This is one of those issues which should not exist. All civilians should be treated under the carry laws. It should not make a difference what the person's job or former job is or may have been.
    If these individuals are going to be carrying pursuant to their law enforcement commissions or directives, then clarify that if they are involved in a shooting "off duty" that their departments are financially liable for any damages done just as if the officer shoots "on duty". Also, from the officer's perspective, it needs to address the issue of if they are "off duty" and use their weapons in a law enforcement capacity that they are protected in the event that they are injured.
    Since this bill has morphed from its original title, we need contacts to our legislators to stop this legislation.

    One may or may not agree with Tennessee Firearms Association's take on this bill, but they are not happy with the way it has been amended, as noted above. OMO, YMMV.


    ETA: This is what it has become after being amended in the House Judiciary Committee. As I understand it, it has become a bill solely about expanding the places that LEOs can carry off-duty:

    Judiciary Committee 1 Amendment No. 1 to HB0898 Coleman Signature of Sponsor AMEND Senate Bill No. 1273 House Bill No. 898* HA0429 00701571 -1- by deleting all language after the enacting clause and by substituting instead the following: SECTION 1. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting subsection (c) and substituting instead the following: (c) The authority conferred by this section shall not extend to a law enforcement officer: (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance; or (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding. SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.
    Source: http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf

    The original bill did great things...this amended bill removes most, if not all, of the benefits. The above language is all that will be being voted on in the House.
    post deleted.

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    Suntzu, I think you are not reading it correctly. The House Amendment says:

    by deleting all [emphasis added] language after the enacting clause and by substituting instead [emphasis added] the following:
    The only thing that is left in the House bill is the amendment (the LEO section). State and local parks are gone, public postsecondary institutions are gone, eateries are gone, and most of Section 8 of the original bill is gone.

    http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf

    The original House bill is "gone with the wind."

    The original Senate Bill has been amended as well, and this is all that is left of it:

    http://www.capitol.tn.gov/Bills/106/Amend/SA0658.pdf

    Again, it deals only with LEOs.

    Now, one may perhaps believe that LEOs should have these privileges, and one is certainly entitled to that opinion; I will simply state that I do not agree that, in general, LEOs should have privileges greater than other citizens when not in actual performance of their duties. Anyone certainly has the right to disagree with me on that matter.

    But that the bill still grants things which have been completely amended out of existence is simply not correct.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    falcon1 wrote:
    Suntzu, I think you are not reading it correctly. The House Amendment says:

    by deleting all [emphasis added] language after the enacting clause and by substituting instead [emphasis added] the following:
    The only thing that is left in the House bill is the amendment (the LEO section). State and local parks are gone, public postsecondary institutions are gone, eateries are gone, and most of Section 8 of the original bill is gone.

    http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf

    The original House bill is "gone with the wind."

    The original Senate Bill has been amended as well, and this is all that is left of it:

    http://www.capitol.tn.gov/Bills/106/Amend/SA0658.pdf

    Again, it deals only with LEOs.

    Now, one may perhaps believe that LEOs should have these privileges, and one is certainly entitled to that opinion; I will simply state that I do not agree that, in general, LEOs should have privileges greater than other citizens when not in actual performance of their duties. Anyone certainly has the right to disagree with me on that matter.

    But that the bill still grants things which have been completely amended out of existence is simply not correct.
    post deleted

  6. #6
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    falcon1 wrote:
    Suntzu, I think you are not reading it correctly. The House Amendment says:

    by deleting all [emphasis added] language after the enacting clause and by substituting instead [emphasis added] the following:
    The only thing that is left in the House bill is the amendment (the LEO section). State and local parks are gone, public postsecondary institutions are gone, eateries are gone, and most of Section 8 of the original bill is gone.

    http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf

    The original House bill is "gone with the wind."

    The original Senate Bill has been amended as well, and this is all that is left of it:

    http://www.capitol.tn.gov/Bills/106/Amend/SA0658.pdf

    Again, it deals only with LEOs.

    Now, one may perhaps believe that LEOs should have these privileges, and one is certainly entitled to that opinion; I will simply state that I do not agree that, in general, LEOs should have privileges greater than other citizens when not in actual performance of their duties. Anyone certainly has the right to disagree with me on that matter.

    But that the bill still grants things which have been completely amended out of existence is simply not correct.
    post deleted

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    suntzu wrote:
    Then show me what has been amended out of existence--I see only the fact that the bill has been amended to make sure that LEOs do NOT drink alcohol while carrying...I see absolutely nothing about any of the remainder of the bill being amended out of existence.

    If you are getting your information from the TFA they are wrong--what they are claiming is simply not supported by the Bill or the Amendment.

    The bill grants to us the ability to carry on college campuses--that was NOT amended out of existence, otherwise it would have been stated so in the amendment.

    The bill grants to us the ability to carry into restaurants that serve alcohol--that was NOT amended out of existence, otherwise it would have been stated so in the amendment.

    The bill grants to us the ability to carry in local and state parks--that also was NOT amended out of existence.

    The amendment merely says that the authority of a LEO to carry does NOT extend to them when they are in a place and are drinking alcohol, and that their authority to carry is not extended to them if they enter a public elementary or high school and don't inform the principal. The bill states under what circumstances LEOs may NOT carry a firearm...

    If I am wrong, then please by all means point out to me in the bill or in the amendment where I am wrong--show me where our ability to carry has been amended out, or where post secondary carry has been amended out, or where restaurant carry has been amended out...

    if anyone else can show me--please do, because either I am missing something of the Tennessee Firearms Assoc. is one...I read the bill and re-read it--I see absolutely nothing along the lines of what we are being told--it simply is not there.
    I am getting my information from the Tennessee General Assembly's own website.

    The amendment STRIPS away all of the original bill and leaves ONLY the amendment:

    Original HB0898 (http://www.capitol.tn.gov/Bills/106/Bill/HB0898.pdf ):

    HOUSE BILL 898
    By Watson
    AN ACT to amend Tennessee Code Annotated, Title 39,
    Chapter 17, Part 13 and Title 70, relative to
    firearms.
    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

    [The immediate language above is the enacting clause referenced in the Amendment--EVERYTHING of the original bill that follows is the "by-deleting-all-language-after-the-enacting-clause" language referenced in the Amendment]

    SECTION 1. Tennessee Code Annotated, Section 39-17-1311(b)(1), is amended by
    adding the following as a new, appropriately designated subdivision:
    (I)
    (i) Any person possessing a firearm while within the boundaries of
    any park located in this state that is owned or operated by any municipal,
    county or state government, or instrumentality thereof, if such person is
    authorized to carry a firearm pursuant to § 39-17-1351;
    (ii) To the extent permitted by federal law, any person possessing
    a firearm while within the boundaries of any park located in this state that
    is owned or operated by the federal government, or any instrumentality
    thereof, if such person is authorized to carry a firearm pursuant to § 39-
    17-1351;
    SECTION 2. Tennessee Code Annotated, Section 39-17-1359, is amended by adding
    the following language as a new, appropriately designated subsection:
    (e) Nothing in this section shall be construed to prohibit any person from
    possessing a firearm while within the boundaries of any public park in this state if the
    person is authorized to carry a firearm pursuant to § 39-17-1351.
    SECTION 3. Notwithstanding any law to the contrary, neither the department of
    environment and conservation nor any other entity of state or local government shall prohibit
    - 2 - 00290372
    any person from possessing a firearm while within the boundaries of any public park in this
    state, if such person is authorized to carry a firearm pursuant to § 39-17-1351.
    SECTION 4. Tennessee Code Annotated, Section 39-17-1315, is amended by adding a
    new subsection (c):
    (c) Any person who has a valid handgun carry permit issued pursuant to § 39-
    17-1351 is authorized to carry handguns at all times upon the premises of a public
    postsecondary institution in this state.
    SECTION 5. Tennessee Code Annotated, Section 39-17-1309(e), is amended by
    adding a new subdivision thereto, as follows:
    ( ) Any person upon the premises of a public postsecondary institution in this
    state who meets the requirements of § 39-17-1315(c);
    SECTION 6. Tennessee Code Annotated, Section 39-17-1305(c), is amended by
    adding the following language as a new, appropriately designated subdivision:
    (3)
    (A) Authorized to carry a firearm under § 39-17-1351 who is not
    consuming beer, wine or any alcoholic beverage, and is within the confines of a
    establishment that is open to the public, serves alcoholic beverages, wine or
    beer, and is not an age-restricted venue as defined in § 39-17-1802.
    (B) This subdivision (c)(3) is subject to § 39-17-1359, permitting a
    property owner to post notices on such property prohibiting firearms.
    SECTION 7. Tennessee Code Annotated, Section 39-17-1352(a), is amended by
    deleting the word "or" at the end of subdivision (6); by deleting the period at the end of
    subdivision (7) and substituting instead a semi-colon and the word "or"; and by adding the
    following language as a new subdivision to be designated as follows:
    (8) Has been convicted of a violation of § 39-17-1305.
    - 3 - 00290372
    SECTION 8. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
    subsections (a) through (d) and substituting instead the following:
    (a)
    (1) Notwithstanding any law to the contrary, any law enforcement officer
    or judge may carry firearms at all times and in all places within Tennessee, onduty
    or off-duty, regardless of the officer's or judge’s regular duty hours or
    assignments, except as provided by subsection (c), federal law, lawful orders of
    court or the written directives of the executive supervisor of the employing
    agency.
    (2) Any judge wishing to have the authority to carry a handgun pursuant
    to this section shall obtain a handgun carry permit pursuant to § 39-17-1351 or
    shall successfully complete on an annual basis a peace officer standards and
    training commission firearms qualification requirement of at least eight (8) hours
    duration.
    (b) The authority conferred by this section is expressly intended to and shall
    supersede restrictions placed upon law enforcement officers' or judges’ authority to
    carry firearms by other sections within this part.
    (c) The authority conferred by this section shall not extend to a law enforcement
    officer or judge:
    (1) Who is consuming beer or an alcoholic beverage or who is under the
    influence of beer, an alcoholic beverage, or a controlled substance; or
    (2) In a courthouse who is not engaged in the actual discharge of official
    duties as a law enforcement officer or judge.
    (d) For purposes of this section:
    - 4 - 00290372
    (1) “Judge” means a person who has been elected or appointed to hold
    the position of judge in any federal trial or appellate court, state trial or appellate
    court, general sessions court, juvenile court or municipal court. “Judge” includes
    a person who, during the time of such designation, has been designated as a
    senior judge pursuant to title 17, chapter 2, part 3, but shall not include a person
    sitting as a substitute judge pursuant to § 16-15-209 or § 17-2-118, a pro
    tempore judge pursuant to § 17-2-118, or a special judge pursuant to § 17-2-116
    or § 17-2-122; and
    (2) “Law enforcement officer” means a person who is a full-time
    employee of the state in a position authorized by the laws of this state to carry a
    firearm and to make arrests for violations of some or all of the laws of this state,
    or a full-time police officer who has been certified by the peace officer standards
    and training commission, or a vested correctional officer employed by the
    department of correction.
    SECTION 9. Tennessee Code Annotated, Section 39-17-1350, is amended by adding
    the following language as a new subsection:
    (g) Except as provided in subdivision (c)(2), any law enforcement officer or
    judge, on-duty or off-duty, may carry firearms within the confines of an establishment
    where beer or alcoholic beverages are sold for consumption on-the-premises.
    SECTION 10. This act shall take effect upon becoming a law, the public welfare
    requiring it.

    Amendment 1 to HB0898 (http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf ):

    Judiciary Committee 1
    Amendment No. 1 to HB0898
    Coleman
    Signature of Sponsor
    AMEND Senate Bill No. 1273 House Bill No. 898*
    HA0429
    00701571
    -1-
    by deleting all language after the enacting clause and by substituting instead the following:

    [the above means that the entire original bill is GONE]

    SECTION 1. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
    subsection (c) and substituting instead the following:
    (c) The authority conferred by this section shall not extend to a law enforcement
    officer:
    (1) Who is not engaged in the actual discharge of official duties as a law
    enforcement officer and carries a firearm onto school grounds or inside a school
    building during regular school hours unless the officer immediately informs the
    principal that the officer will be present on school grounds or inside the school
    building and in possession of a firearm. If the principal is unavailable, the notice
    may be given to an appropriate administrative staff person in the principal's
    office;
    (2) Who is consuming beer or an alcoholic beverage or who is under the
    influence of beer, an alcoholic beverage, or a controlled substance; or
    (3) Who is not engaged in the actual discharge of official duties as a law
    enforcement officer while attending a judicial proceeding.
    SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

    [END OF AMENDMENT, NOTHING FOLLOWS]

    EVERYTHING in the original bill is GONE except the amendment, according to the General Assembly website. BY DELETING ALL LANGUAGE AFTER THE ENACTING CLAUSE AND BY SUBSTITUTING INSTEAD THE FOLLOWINGmeans all but the amendment is gone! Nothing is left but the amendment...in the House, in the Senate, by the General Assembly's own website. The original bill's Sections 1, 2, and 3 about parks are GONE; the original bill's Sections 4 and 5 about public postsecondary educational institutions are GONE; Section 6 about eateries is GONE, and the provisions about judges in Section 8 are GONE--because the language of the Amendment "was substituted" for the original bill in its entirety. ONLY the Amendment remains.

    When the Amendment says, "By deleting all language after the enacting clause and by substituting instead the following," everything in the original bill after "Be it enacted by the General Assembly of the State of Tennessee" is erased, wiped clean, and gone forever...according to the General Assembly's website, not TFA's.
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

    Veteran--USA FA
    NRA Benefactor Life
    Tennessee Firearms Association Life

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    falcon1 wrote:
    suntzu wrote:
    Then show me what has been amended out of existence--I see only the fact that the bill has been amended to make sure that LEOs do NOT drink alcohol while carrying...I see absolutely nothing about any of the remainder of the bill being amended out of existence.

    If you are getting your information from the TFA they are wrong--what they are claiming is simply not supported by the Bill or the Amendment.

    The bill grants to us the ability to carry on college campuses--that was NOT amended out of existence, otherwise it would have been stated so in the amendment.

    The bill grants to us the ability to carry into restaurants that serve alcohol--that was NOT amended out of existence, otherwise it would have been stated so in the amendment.

    The bill grants to us the ability to carry in local and state parks--that also was NOT amended out of existence.

    The amendment merely says that the authority of a LEO to carry does NOT extend to them when they are in a place and are drinking alcohol, and that their authority to carry is not extended to them if they enter a public elementary or high school and don't inform the principal. The bill states under what circumstances LEOs may NOT carry a firearm...

    If I am wrong, then please by all means point out to me in the bill or in the amendment where I am wrong--show me where our ability to carry has been amended out, or where post secondary carry has been amended out, or where restaurant carry has been amended out...

    if anyone else can show me--please do, because either I am missing something of the Tennessee Firearms Assoc. is one...I read the bill and re-read it--I see absolutely nothing along the lines of what we are being told--it simply is not there.
    I am getting my information from the Tennessee General Assembly's own website.

    The amendment STRIPS away all of the original bill and leaves ONLY the amendment:

    Original HB0898 (http://www.capitol.tn.gov/Bills/106/Bill/HB0898.pdf ):

    HOUSE BILL 898
    By Watson
    AN ACT to amend Tennessee Code Annotated, Title 39,
    Chapter 17, Part 13 and Title 70, relative to
    firearms.
    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

    [The immediate language above is the enacting clause referenced in the Amendment--EVERYTHING of the original bill that follows is the "by-deleting-all-language-after-the-enacting-clause" language referenced in the Amendment]

    SECTION 1. Tennessee Code Annotated, Section 39-17-1311(b)(1), is amended by
    adding the following as a new, appropriately designated subdivision:
    (I)
    (i) Any person possessing a firearm while within the boundaries of
    any park located in this state that is owned or operated by any municipal,
    county or state government, or instrumentality thereof, if such person is
    authorized to carry a firearm pursuant to § 39-17-1351;
    (ii) To the extent permitted by federal law, any person possessing
    a firearm while within the boundaries of any park located in this state that
    is owned or operated by the federal government, or any instrumentality
    thereof, if such person is authorized to carry a firearm pursuant to § 39-
    17-1351;
    SECTION 2. Tennessee Code Annotated, Section 39-17-1359, is amended by adding
    the following language as a new, appropriately designated subsection:
    (e) Nothing in this section shall be construed to prohibit any person from
    possessing a firearm while within the boundaries of any public park in this state if the
    person is authorized to carry a firearm pursuant to § 39-17-1351.
    SECTION 3. Notwithstanding any law to the contrary, neither the department of
    environment and conservation nor any other entity of state or local government shall prohibit
    - 2 - 00290372
    any person from possessing a firearm while within the boundaries of any public park in this
    state, if such person is authorized to carry a firearm pursuant to § 39-17-1351.
    SECTION 4. Tennessee Code Annotated, Section 39-17-1315, is amended by adding a
    new subsection (c):
    (c) Any person who has a valid handgun carry permit issued pursuant to § 39-
    17-1351 is authorized to carry handguns at all times upon the premises of a public
    postsecondary institution in this state.
    SECTION 5. Tennessee Code Annotated, Section 39-17-1309(e), is amended by
    adding a new subdivision thereto, as follows:
    ( ) Any person upon the premises of a public postsecondary institution in this
    state who meets the requirements of § 39-17-1315(c);
    SECTION 6. Tennessee Code Annotated, Section 39-17-1305(c), is amended by
    adding the following language as a new, appropriately designated subdivision:
    (3)
    (A) Authorized to carry a firearm under § 39-17-1351 who is not
    consuming beer, wine or any alcoholic beverage, and is within the confines of a
    establishment that is open to the public, serves alcoholic beverages, wine or
    beer, and is not an age-restricted venue as defined in § 39-17-1802.
    (B) This subdivision (c)(3) is subject to § 39-17-1359, permitting a
    property owner to post notices on such property prohibiting firearms.
    SECTION 7. Tennessee Code Annotated, Section 39-17-1352(a), is amended by
    deleting the word "or" at the end of subdivision (6); by deleting the period at the end of
    subdivision (7) and substituting instead a semi-colon and the word "or"; and by adding the
    following language as a new subdivision to be designated as follows:
    (8) Has been convicted of a violation of § 39-17-1305.
    - 3 - 00290372
    SECTION 8. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
    subsections (a) through (d) and substituting instead the following:
    (a)
    (1) Notwithstanding any law to the contrary, any law enforcement officer
    or judge may carry firearms at all times and in all places within Tennessee, onduty
    or off-duty, regardless of the officer's or judge’s regular duty hours or
    assignments, except as provided by subsection (c), federal law, lawful orders of
    court or the written directives of the executive supervisor of the employing
    agency.
    (2) Any judge wishing to have the authority to carry a handgun pursuant
    to this section shall obtain a handgun carry permit pursuant to § 39-17-1351 or
    shall successfully complete on an annual basis a peace officer standards and
    training commission firearms qualification requirement of at least eight (8) hours
    duration.
    (b) The authority conferred by this section is expressly intended to and shall
    supersede restrictions placed upon law enforcement officers' or judges’ authority to
    carry firearms by other sections within this part.
    (c) The authority conferred by this section shall not extend to a law enforcement
    officer or judge:
    (1) Who is consuming beer or an alcoholic beverage or who is under the
    influence of beer, an alcoholic beverage, or a controlled substance; or
    (2) In a courthouse who is not engaged in the actual discharge of official
    duties as a law enforcement officer or judge.
    (d) For purposes of this section:
    - 4 - 00290372
    (1) “Judge” means a person who has been elected or appointed to hold
    the position of judge in any federal trial or appellate court, state trial or appellate
    court, general sessions court, juvenile court or municipal court. “Judge” includes
    a person who, during the time of such designation, has been designated as a
    senior judge pursuant to title 17, chapter 2, part 3, but shall not include a person
    sitting as a substitute judge pursuant to § 16-15-209 or § 17-2-118, a pro
    tempore judge pursuant to § 17-2-118, or a special judge pursuant to § 17-2-116
    or § 17-2-122; and
    (2) “Law enforcement officer” means a person who is a full-time
    employee of the state in a position authorized by the laws of this state to carry a
    firearm and to make arrests for violations of some or all of the laws of this state,
    or a full-time police officer who has been certified by the peace officer standards
    and training commission, or a vested correctional officer employed by the
    department of correction.
    SECTION 9. Tennessee Code Annotated, Section 39-17-1350, is amended by adding
    the following language as a new subsection:
    (g) Except as provided in subdivision (c)(2), any law enforcement officer or
    judge, on-duty or off-duty, may carry firearms within the confines of an establishment
    where beer or alcoholic beverages are sold for consumption on-the-premises.
    SECTION 10. This act shall take effect upon becoming a law, the public welfare
    requiring it.

    Amendment 1 to HB0898 (http://www.capitol.tn.gov/Bills/106/Amend/HA0429.pdf ):

    Judiciary Committee 1
    Amendment No. 1 to HB0898
    Coleman
    Signature of Sponsor
    AMEND Senate Bill No. 1273 House Bill No. 898*
    HA0429
    00701571
    -1-
    by deleting all language after the enacting clause and by substituting instead the following:

    [the above means that the entire original bill is GONE]

    SECTION 1. Tennessee Code Annotated, Section 39-17-1350, is amended by deleting
    subsection (c) and substituting instead the following:
    (c) The authority conferred by this section shall not extend to a law enforcement
    officer:
    (1) Who is not engaged in the actual discharge of official duties as a law
    enforcement officer and carries a firearm onto school grounds or inside a school
    building during regular school hours unless the officer immediately informs the
    principal that the officer will be present on school grounds or inside the school
    building and in possession of a firearm. If the principal is unavailable, the notice
    may be given to an appropriate administrative staff person in the principal's
    office;
    (2) Who is consuming beer or an alcoholic beverage or who is under the
    influence of beer, an alcoholic beverage, or a controlled substance; or
    (3) Who is not engaged in the actual discharge of official duties as a law
    enforcement officer while attending a judicial proceeding.
    SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

    [END OF AMENDMENT, NOTHING FOLLOWS]

    EVERYTHING in the original bill is GONE except the amendment, according to the General Assembly website. BY DELETING ALL LANGUAGE AFTER THE ENACTING CLAUSE AND BY SUBSTITUTING INSTEAD THE FOLLOWINGmeans all but the amendment is gone! Nothing is left but the amendment...in the House, in the Senate, by the General Assembly's own website. The original bill's Sections 1, 2, and 3 about parks are GONE; the original bill's Sections 4 and 5 about public postsecondary educational institutions are GONE; Section 6 about eateries is GONE, and the provisions about judges in Section 8 are GONE--because the language of the Amendment "was substituted" for the original bill in its entirety. ONLY the Amendment remains.

    When the Amendment says, "By deleting all language after the enacting clause and by substituting instead the following," everything in the original bill after "Be it enacted by the General Assembly of the State of Tennessee" is erased, wiped clean, and gone forever...according to the General Assembly's website, not TFA's.
    I did NOT see that one little tidbit that you pointed out--well done. I absolutely stand corrected--seriously.

    SO they give the bill, and then they enact an amendment that kills it--nice.

    I am glad I had not called the governor about this yet--I am going to call my rep on it today and ask them to vote AGAINST it.....

    I absolutely stand corrected and appreciate that you have helped me to see what I was missing.

  9. #9
    Regular Member
    Join Date
    Jul 2007
    Location
    , Tennessee, USA
    Posts
    129

    Post imported post

    I definitely understand. It took me a long time to figure out this particular stratagem that our legislators will use...and the General Assembly's way of tracking bills on its website doesn't make it easy to figure out the "bait and switch."
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

    Veteran--USA FA
    NRA Benefactor Life
    Tennessee Firearms Association Life

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