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 FOLLOWING means
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.