HB0898 in TN

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Thread: HB0898 in TN

  1. #1
    Member Array Agape's Avatar
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    HB0898 in TN

    Tennessee General Assembly Legislation

    Firearms and Ammunition - As introduced, allows persons with handgun carry permit to carry in public parks, public postsecondary institutions, and places where alcoholic beverages are being served; allows judges to carry firearms where law enforcement can carry if they have permit or appropriate training. - Amends TCA Title 39, Chapter 17, Part 13 and Title 70.

    Passed House
    Ayes 89, Nays 6, PNV 1

    My question is:

    1) Does this override the "carry in restaurant" bill?

    2) If it doesn't why pass this bill if these where going through individually?

    3) What are public post secondary institutions?

    I am so confused. Could someone explain this to me?

    Thank You
    Last edited by Agape; June 3rd, 2009 at 05:31 PM. Reason: had another question

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  3. #2
    Member Array Agape's Avatar
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    Sorry someone did post that the house did override the veto but still interested why pass another bill with it included. thanks

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    Unfortunately, most of the original bill is now "Gone With the Wind."

    The House Judiciary Committee amended it to just this:
    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 [this killed all of the original bill]:
    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.

    Another amendment was added on from the floor today:
    http://www.capitol.tn.gov/Bills/106/Amend/HA0700.pdf

    Amendment No. 2 to HB0898
    Bass
    Signature of Sponsor
    AMEND Senate Bill No. 1273 House Bill No. 898*
    HA0700
    00943771
    -1-
    by adding the following new section immediately preceding the last section and by renumbering
    the subsequent section accordingly:
    SECTION ___. Tennessee Code Annotated, Section 39-17-1350, is amended by designating the existing language of subsection (d) as (d)(1) and by adding the following new (d)(2):
    (2) "Law enforcement officer" also means a law enforcement officer who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency, and meets the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type pursuant to applicable federal law.

    So now the bill only applies to current and retired LEOs.
    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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    Member Array Agape's Avatar
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    oh i got it now. Thanks for the Reply

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    Senior Member Array palmgopher's Avatar
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    ok just for clarification........this means that you and me are still not allowed to carry in the parks? i don't read lawyer talk too well. you know i'm an average person.

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    Member Array Agape's Avatar
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    the one that allows hcp holders to carry in parks is waiting on the gov.

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    Quote Originally Posted by Agape View Post
    the one that allows hcp holders to carry in parks is waiting on the gov.
    I wonder what Gov. Bredeson's excuse might be this time. Thankfully this passed on a large margin, so they'll surely override any veto.

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    Senior Member Array palmgopher's Avatar
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    well he is taking his sweet time on this one huh.......

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    Darn, so campus carry got rejected too, eh? Dang. Lots of bills but none of them have passed yet in any state currently considering it.

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    Senior Member Array redbird's Avatar
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    The local is press is pitching a hissy fit about the resturant carry bill looking for ways around it. They will never give up.

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    Quote Originally Posted by palmgopher View Post
    ok just for clarification........this means that you and me are still not allowed to carry in the parks? i don't read lawyer talk too well. you know i'm an average person.
    Quote Originally Posted by Agape View Post
    the one that allows hcp holders to carry in parks is waiting on the gov.
    Sorry, I was away at Boy Scout Summer Camp for the week. Governor Bredesen signed the parks bill. As I understand it, this is what happens (but please verify before visiting):

    State parks--effective immediately.

    Local parks--effective 1 September 2009, after localities have time to opt-out if they wish.

    National parks--effective February 2010, per national legislation.
    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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