Guns - alcohol bill headed to Tennessee governor

[shadowrider]

NASHVILLE (AP) - A proposal that would allow permit holders to bring their handguns into establishments that serve alcohol is headed to the governor for his consideration.

The measure sponsored by Republican Rep. Curry Todd of Collierville was approved 66-31 by the House on Wednesday. The Senate passed the proposal 23-9 last week.

The House bill conformed to the Senate version after defeat of an amendment that effectively would have excluded bars from the measure by requiring establishments to ban guns when they make less than 50 percent of their revenue from food.

Last year's law was opposed by the state's police chiefs, sheriffs and the restaurant industry. Democratic Gov. Phil Bredesen vetoed the bill, but both chambers easily voted for an override.

It's uncertain if Bredesen will approve the legislation.

The bill is HB3125.

http://www.wate.com/Global/story.asp?S=12436948

More info on HB3125:

Tennessee Firearms Association, Inc.
Legislative Action Committee


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HB3125 by *Todd, *Dennis, *Evans, *Fincher, *West, *Eldridge.

The bill was considered and discussed in the Budget subcommittee.

Naifeh wants to hold the bill until another bill dealing with the definition of restaurants is before the committee. He also had questions about posting. Rep. Todd stated that the bill addressed the posting issue and that it was retained in the bill.

Naifeh also wanted to discuss how the bartender and others would know whether the individual with the permit was armed. He was concerned about whether the bartender would have any liability if they served someone with a handgun.

Rep. Shaw asked whether this bill would allow anyone with a permit to carry into restaurants. Rep. Todd responded that it would so long as the property was not posted.

Rep. Odom was concerned that this would allow guns to be carried in bars. Rep. Odom also stated that he had talked with those in the convention and tourism businesses and that he was concerned that if this law changes that it would be bad for tourism and convention businesses in Tennessee.

After a lot of discussion on the bill - which as amended had no fiscal note and which should not have had any overview by the Finance, Ways and Means Committee - Speaker Williams urged the committee to vote on the bill and get it on either up or down.

However, Naifeh and others who clearly intended to kill the bill wanted to continue discussion and delay of the bill. Naifeh again brought up his local poll where he claims people are overwhelmingly opposed to the bill, that restaurants and hospitality interests are opposed to it. He again claims sheriffs, DA's and chiefs of police do not want the legislation. He claims (wrongly) that the bill passed last year was the most liberal in the country and that the one this year is even more liberal.

Naifeh offered an amendment to make this a local option so that local governments could opt out of the bill's coverage based on what the legislature did in 2009 with the local option on parks. Naifeh then moved to defer the bill one week so that an amendment could be prepared. Rep. McDaniel objected to deferring a week. Rep. Todd asked for a roll call vote. The deferral motion by Naifeh failed. Naifeh then insisted on a roll call on the deferral motion which was then done and failed 8-7 (pretty much party lines).

Naifeh moved for a roll call vote after the chair announced that a voice vote on the proposed local option amendment had failed. A roll call was taken and failed 9-6 (pretty much party lines).

A roll call vote was then taken on the bill and whether to send it to the full committee. The vote was 8-7 on the bill and it passed to the full committee.

What we get from this is that Naifeh and others are working hard to delay and defeat the bill. It will likely pass but the delay could easily result in a fatal veto. Calls are necessary.

Get the roll call votes on the state web site.

http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB3125
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"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." Samuel Adams

http://www.tndeer.com/tndeertalk/ubbthreads.php?ubb=showflat&Number=1879013&page=1

Actual language of HB3125

http://www.capitol.tn.gov/Bills/106/Bill/HB3125.pdf