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Zak3056
06-04-2010, 20:42
All,

FYI, the Senate overrode the governor's veto of the restaurant bill on 5/27. The House just overrode the veto about five minutes ago, so the unencumbered restaurant bill will now become law.

WayaX
06-04-2010, 21:01
Congratulations.

why
06-05-2010, 11:08
Most Excellent. When does it become law?

glock37gap
06-05-2010, 17:02
so with them "overriding" the veto it automatically becomes law? there is no more debate? how long before it acutally becomes law?

why
06-05-2010, 17:20
Here's what I have 'read on the internet'. So take it fwiw.

The law takes effect after the Speakers of the House and Senate sign it. It MAY have to wait until this session is over (which will be tuesday).

I have also read that the red slash thru a pistol sign will become a legal posting, so that is VERY bad news imo. I kinda liked the idiots not knowing that they werent prohibiting firearms when they thought they were.

Zak3056
06-05-2010, 18:36
Here's what I have 'read on the internet'. So take it fwiw.

The law takes effect after the Speakers of the House and Senate sign it. It MAY have to wait until this session is over (which will be tuesday).

I have also read that the red slash thru a pistol sign will become a legal posting, so that is VERY bad news imo. I kinda liked the idiots not knowing that they werent prohibiting firearms when they thought they were.
The law takes effect on July 1st.

Also, the bit about the posting requirement is not correct. The law (relevant portion quoted below) simply allows the inclusion of this symbol in the signage--however, the required verbiage may not be omitted. I think it's a good change. Personally, I think they should have required the symbol (in addition to the rest of the sign) and not simply allowed it.

(3) The notice required by this section shall be in English, but a duplicate
notice may also be posted in any language used by patrons, customers or
persons who frequent the place where weapon possession is prohibited.
In addition to, but not in lieu of, the sign set out in subdivision (4),
notice may also include the international circle and slash
symbolizing the prohibition of the item within the circle.

(4) The sign shall be of a size that is plainly visible to the average person
entering the building, premises or property and shall contain the following
language:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A
WEAPON ON THIS PROPERTY, WITHIN THIS BUILDING, OR THE
POSTED PORTION OF THIS BUILDING, IS PROHIBITED. A
VIOLATION IS A CRIMINAL OFFENSE PUNISHABLE BY A FINE OF
$500 AND POSSIBLE IMPRISONMENT AND HANDGUN CARRY
PERMIT SUSPENSION.

The full text of the legislation is available at http://www.capitol.tn.gov/Bills/106/Bill/HB3125.pdf

why
06-06-2010, 08:30
THANK YOU ZAK!
Made my day!

Fallguy
06-07-2010, 07:00
Zak3056 I'm afraid you're wrong on both accounts.

You can see the bill here http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB3012 The link you posted is the House bill, but it is the Senate bill that passed. See 05/05/10 But......

What you have to notice is that on 4/29/10 Senate amendments 1-3 were adopted which completely changed the original bill

Sec 7 of Amendment 1 http://www.capitol.tn.gov/Bills/106/Amend/SA1236.pdf changed the effective date to "Immediately upon becoming law" now there is some question whether that meant Fri night or after the Secretary of State assigns a Public chapter number, but either way it is before July 1.

Sec 3 of Amendment 1 Changed 39-17-1359(b)(1) to say that either the properly worded sign or the "ghostbusters" sign or both would be a legal posting.

Amendment 2 http://www.capitol.tn.gov/Bills/106/Amend/SA1281.pdf changed the punishment in Amendment 1 for consuming while armed.

Amendment 3 http://www.capitol.tn.gov/Bills/106/Amend/SA1343.pdf changed the wording of a 39-17-1359 from that in Amendment 1 but still says either type notice can be given.

Zak3056
06-07-2010, 17:19
If that's the case, I apologize for spreading misinformation. I didn't realize that the state website (apparently) doesn't display the text of the bill as passed (like the Library of Congress' Thomas website does).

Someone over on the TFA website put together an "as amended" version of the bill, which can be found at http://www.tfaonline.org/forum/viewtopic.php?f=64&t=3318

There's a note in that thread that says the folks responsible for maintaining the Tennessee code are acting as if this doesn't go into effect until the 1st, even though the "as amended" languages says otherwise. So I'm glad that I'm not the only one who is confused! :)

Fallguy
06-07-2010, 17:38
Well the info is on their...you just have to read through to see what amendments passed and so on and click on the "Amendments on Bill" tab to read the text.

When it posted on the Secretary of State's website http://www.tennessee.gov/sos/acts/index.htm and given a Public Chapter number http://tnsos.org/acts/PublicActs.106th.php?showall that will show the final version all together.

TN Gunowners also has a copy of the bill with all the amendments in place http://www.tngunowners.com/forums/tennessee-politics-legislation/41111-new-law-sb3012-amended.html See below

I have seen the info about July 1 as well...it appears to be from a misinformed person at the Secretary of State's office.

However with some much confusion on the effective date, I wouldn't think most LEOs would charge anyone for carry in a place that serves as long as it's not posted.

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13; Section 57-3-204 and Section 57-4-203, relative to permitting or prohibiting the carrying of firearms in certain places.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 39-17-1305, is amended by deleting the section in its entirety.

SECTION 2. Tennessee Code Annotated, Section 39-17-1321, is amended by deleting subsection (b) and by substituting instead the following:

(b) It is an offense for a person to possess a firearm if the person is both:

(1) Within the confines of an establishment open to the public where liquor, wine or other alcoholic beverages, as defined in § 57-3-101(a)(1)(A), or beer, as defined in § 57-6-102(1), are served for consumption on the premises; and
(2) Consuming any alcoholic beverage listed in subdivision (1) of this subsection (b).

(c)

(1) A violation of this section is a Class A misdemeanor.
(2) In addition to the punishment authorized by subdivision (1), if the violation is of subsection (a), occurs in an establishment described in subdivision (b)(1), and the person has a handgun permit issued pursuant to § 39-17-1351, such permit shall be suspended in accordance with § 39-17-1352 for a period of three (3) years.

SECTION 3. Tennessee Code Annotated, Section 39-17-1359, is amended by deleting the section in its entirety and substituting instead the following:

(a)

(1) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity.
(2) The prohibition in subdivision (1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351.

(b)

(1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.
(2) The notice required by this section shall be in English, but a duplicate notice may also be posted in any language used by patrons, customers or persons who frequent the place where weapon possession is prohibited.
(3)
(A) If a sign is used as the method of posting, it shall contain language substantially similar to the following:

AS AUTHORIZED BY TCA § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.

(B) As used in this section, “language substantially similar to” means the sign contains language plainly stating that:
(i) The property is posted under authority of Tennessee law;
(ii) Weapons or firearms are prohibited on the property, in the building, or on the portion of the property or building that is posted; and
(iii) Possessing a weapon in an area that has been posted is a criminal offense.
(C) A building, property or a portion of a building or property shall be considered properly posted in accordance with this section if one (1) or both of the following is displayed in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited:
(i) The international circle and slash symbolizing the prohibition of the item within the circle; or
(ii) The posting sign described in this subdivision (3).

(c)

(1) It is an offense to possess a weapon in a building or on property that is properly posted in accordance with this section.
(2) Possession of a weapon on posted property in violation of this section is a Class B misdemeanor punishable by fine only of five hundred dollars ($500).



(d) Nothing in this section shall be construed to alter, reduce or eliminate any civil or criminal liability that a property owner or manager may have for injuries arising on their property.

(e) The provisions of this section shall not apply to title 70 regarding wildlife laws, rules and regulations.

(f) This section shall not apply to the grounds of any public park, natural area, historic park, nature trail, campground, forest, greenway, waterway or other similar public place that is owned or operated by the state, a county, a municipality or instrumentality thereof. The carrying of firearms in those areas shall be governed by § 39-17-1311.

SECTION 4. Tennessee Code Annotated, Section 39-17-1351, is amended by inserting the following between the fourth and fifth sentences of subsection (e):

Beginning September 1, 2010, and thereafter, a component of the classroom portion of all department approved handgun safety courses shall be instruction on alcohol and drugs, the effects of those substances on a person's reflexes, judgment and ability to safely handle a firearm, and the provisions of § 39-17-1321.

SECTION 5. Tennessee Code Annotated, Section 57-3-204, is amended by deleting subsection (e) in its entirety.

SECTION 6. Tennessee Code Annotated, Section 57-4-203, is amended by deleting subsection (k) in its entirety.

SECTION 7. This act shall take effect upon becoming a law, the public welfare requiring it.

Fallguy
06-09-2010, 09:30
The bill has been issued Public Chapter 1009 (http://state.tn.us/sos/acts/106/pub/pc1009.pdf) and shows an effective date of June 4, 2010

Carry in good health...

wvglock
06-10-2010, 21:32
Does anyone know if the law about having a firearm in your car while at work has any steam or is going anywhere? Thanks. Drop me a line at ehrenlowers AT gmail DOT com if your ever in the Memphis area.

Fallguy
06-11-2010, 09:45
Does anyone know if the law about having a firearm in your car while at work has any steam or is going anywhere? Thanks. Drop me a line at ehrenlowers AT gmail DOT com if your ever in the Memphis area.

The bill was sent to summer study (again) and the legislature has adjourned for this session....so will be a while... :(