Author Topic: New Changes in Tennessee Law  (Read 8470 times)

Offline Richard S

  • Grand Master
  • *****
  • Posts: 5772
  • Nemo me impune lacessit.
New Changes in Tennessee Law
« on: June 14, 2009, 09:00:35 AM »
Rangemaster of Memphis has just sent this notice of three changes in Tennessee law governing the carry of handguns in the State. These will be of interest to those Forum members living in Tennessee as well as those of you from other States whose carry permits are accorded reciprocity under Tennessee law and who may be visiting the "Volunteer State."  
 
[size=10]The Restaurant Carry Bill passed, and the governor's veto was over-ridden. It will take effect as state law on July 14th. In essence, this bill provides that:
1. Persons with a valid Handgun Carry Permit can legally carry in a restaurant that serves alcohol to drink.
2. You still MAY NOT drink while carrying a gun.
3. A restaurant can post itself as a no-gun zone, if it chooses.
Drinking while carrying a gun is a Class A Misdemeanor, with a fine of up to $2000 and up to 11 months and 29 days in jail.

HB390 will become law on July 1. This bill allows persons with a valid Handgun Carry Permit to have a loaded long gun (rifle or shotgun) in their vehicle. The magazine may be loaded, but no round in the chamber. So, if you respond to your business's burglar alarm at 3:00am, it is legal to have your shotgun with you.

Another bill takes effect on Sept 1. As of that date, persons with valid Handgun Carry Permits can legally carry into state parks anywhere in Tennessee. This does not affect local (city/county) parks.[/size]
(1963-1967) "GO ARMY!"

Offline kjtrains

  • Grand Master
  • *****
  • Posts: 8107
Re: New Changes in Tennessee Law
« Reply #1 on: June 14, 2009, 09:54:01 AM »
Good to know!!  Thanks!!   :)    :)
Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it.  Abraham Lincoln

Offline Dino

  • Master
  • ****
  • Posts: 391
Re: New Changes in Tennessee Law
« Reply #2 on: June 16, 2009, 04:49:47 PM »
Thank you Richard, come to that beautiful state to visit Oak Ridge once in a while, good info.

By the way does Tennessee now reciprocate concealed carry with Virginia?

Offline Richard S

  • Grand Master
  • *****
  • Posts: 5772
  • Nemo me impune lacessit.
Re: New Changes in Tennessee Law
« Reply #3 on: June 16, 2009, 04:58:11 PM »
Dino:

Yes, Tennessee has signed a formal reciprocity agreement with Virginia regarding handgun carry permits. The following is a full list of states having signed such agreements with Tennessee as of the date of this posting:

Alaska
Arizona
Arkansas
Florida
Georgia
Kentucky
Louisiana
Michigan
Mississippi
New Hampshire
North Carolina
Ohio
Pennsylvania
South Carolina
South Dakota
Texas
Virginia
West Virginia
Wyoming  

http://tennessee.gov/safety/handgun/reciprocity.htm
« Last Edit: June 16, 2009, 04:59:22 PM by Richard_S »
(1963-1967) "GO ARMY!"

Offline Dino

  • Master
  • ****
  • Posts: 391
Re: New Changes in Tennessee Law
« Reply #4 on: June 16, 2009, 05:12:17 PM »
Thanks Richard, all good news.  Virginia passed the state park law but did not pass the restaurant law.

I go by the family law anyway, "if my family is with me so is my gun".

Offline Richard S

  • Grand Master
  • *****
  • Posts: 5772
  • Nemo me impune lacessit.
Re: New Changes in Tennessee Law
« Reply #5 on: June 16, 2009, 07:37:29 PM »
Dino:

Just take care not to jeopardize your permit. I recently defended a client on such a matter. We were able to resolve the case successfully, but it was not a "pleasant experience" for him.
(1963-1967) "GO ARMY!"

Offline tracker

  • Grand Master
  • *****
  • Posts: 5399
Re: New Changes in Tennessee Law
« Reply #6 on: June 16, 2009, 08:31:47 PM »
If my CCP were in jeopardy I certainly would like for a
gun tot'n former prosecutor to defend me in court.

Offline kjtrains

  • Grand Master
  • *****
  • Posts: 8107
Re: New Changes in Tennessee Law
« Reply #7 on: June 16, 2009, 10:13:55 PM »
Here ye, here ye!!    :)    :)


Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it.  Abraham Lincoln

Offline Dino

  • Master
  • ****
  • Posts: 391
Re: New Changes in Tennessee Law
« Reply #8 on: June 17, 2009, 09:10:19 AM »
Thank you Richard, I do consider it very serious when I carry in places that I should not and would not recommend it to anyone.  However, I am going to protect my family if needed no matter where I am.

Had a scary situation once without my gun and promised myself I would never let that happen again.  (In Boston not Virginia).

Now if I'm alone or with the guys I follow all the laws.
« Last Edit: June 17, 2009, 12:43:49 PM by Dino »

Offline Richard S

  • Grand Master
  • *****
  • Posts: 5772
  • Nemo me impune lacessit.
Re: New Changes in Tennessee Law
« Reply #9 on: June 17, 2009, 12:04:55 PM »
Dino:

A similar thing happened to me in Africa during some "confusion" under circumstances in which I was required to be unarmed. To paraphrase an observation once made by John Connor in his American Handgunner column, there are three types of countries in Africa: (1) those in which you are apt to be shot if you are found to be carrying a weapon; (2) those in which you are apt to be shot if you are found NOT to be carrying a weapon; and (3) those in which both (1) and (2) apply. Needless to say, I now place a very high value on my carry permit.
(1963-1967) "GO ARMY!"

Offline Dino

  • Master
  • ****
  • Posts: 391
Re: New Changes in Tennessee Law
« Reply #10 on: June 17, 2009, 12:32:32 PM »
Sounds like Boston Richard!  

My lawyer carries but sounds like I should have you on a retainer.

Offline Richard S

  • Grand Master
  • *****
  • Posts: 5772
  • Nemo me impune lacessit.
Re: New Changes in Tennessee Law
« Reply #11 on: June 20, 2009, 08:29:47 AM »
The following was part of a NRA-ILA Alert just received and gives further information on the subject of this thread:

[size=10]Tennessee Legislature Wraps Up the 2009 Session!
Two More NRA-backed Bills head to the Governor!


The Tennessee General Assembly’s 2009 Session adjourned sine die, late in the evening on Thursday, June 18.  Prior to adjournment, the Assembly passed NRA-backed House Bill 898, sponsored by State Representative Eric Watson (R-22) and State Senator Dewayne Bunch (R-9), and House Bill 961, sponsored by State Representative Mike Bell (R-26) and State Senator Tim Burchett (R-7).

HB 898 would broaden the definition of “law enforcement officer” to include retired and off-duty law enforcement officials. It also expands the right to carry by active law enforcement officials to more geographical locations. Based upon Tennessee Attorney General Robert E. Cooper’s opinion dated June 12, . . . HB 898 was also amended to specify that no entity of state or local government is authorized to discriminate based solely upon conduct or activity related to the lawful possession of firearms where alcoholic beverages are served.  After being referred to a conference committee, HB 898 passed the House on a 77 to 13 vote and the Senate on a 25 to 4 vote.

HB 961 would authorize a person with a handgun carry permit to possess a firearm in a refuge, public hunting area, wildlife management area, or on national forest land.  HB 961 passed the House on an 89 to 3 vote and passed the Senate unanimously on a 28 to 0 vote.

HB 898 and HB 961 now head to Governor Phil Bredesen’s (D) desk for consideration.  Please make your voices heard in support of these important bills.  The Governor can be reached by phone at (615)741-2001 or email at Phil.Bredesen@tn.gov.

In a strong affirmation of our Second Amendment Rights, the Tennessee Legislature worked diligently this session to successfully pass several pro-gun measures into law.  Included among these was an override of Governor Phil Bredesen’s (D) veto of House Bill 962, NRA-backed restaurant carry legislation.

House Bill 46, sponsored by State Representative Joshua Evans (R-66) and State Senator Jim Tracy (R-16), prohibits the Department of Safety, or any department-approved handgun safety employee, from requiring a carry permit applicant to furnish any identifying information concerning any handgun the applicant owns or possesses. HB 46 went into effect on April 27.
 
House Bill 70, sponsored by State Representative Henry Fincher (D-42) and State Senator Andy Berke (D-10) removed the prohibition against using deadly force in protection of personal property.  It expands the right to self-defense to include a place of business. HB 70 will take effect Wednesday, July 1.
 
House Bill 254, sponsored by State Representative Glen Casada (R-63) and State Senator Mark Norris (R-32), eliminate the requirement to provide a thumbprint as part of the background check process when purchasing a firearm. HB 254 will take effect Wednesday, July 1.
 
House Bill 390, sponsored by State Representative Henry Fincher (D-42) and State Senator Doug Jackson (D-25), allows handgun carry permit holders to possess or carry a rifle or shotgun with a loaded magazine -- provided the firearm does not have a round in the chamber -- while in a private motor vehicle.  HB 390 takes effect Wednesday, July 1.
 
House Bill 716, sponsored by State Representative Frank Niceley (R-17) and State Senator Mae Beavers (R-17), allows any resident who has a valid handgun carry permit to possess a handgun within the boundaries of any state park. It also allows for permit holders to carry into local parks as of September 1, as long as the locality does not opt-out of the law by resolution before that date. Tennessee now joins 31 other states that allow some form of state park carry.  Permit Holders can carry into Tennessee state parks as of June 12.
 
House Bill 962, sponsored by State Representative Curry Todd (R-95) and State Senator Doug Jackson (D-25), enables law-abiding Right-to-Carry permit holders to carry firearms for self-defense in restaurants that serve alcohol, provided the permit holder is not consuming alcohol.  HB 962 passed both the House and Senate with broad bipartisan support, but Governor Bredesen vetoed the bill on May 28, disappointing more than 200,000 Tennessee Right-to-Carry permit holders.  While an override of his veto needed only a simple majority vote to pass, it cleared both chambers with overwhelming, bi-partisan support.  The House voted to override Governor Bredesen by a margin of 69-27, and the Senate by a margin of 21-9.  HB 962 goes into effect July 14.    
 
Senate Bill 309, sponsored by State Senator Andy Berke (D-10) and State Representative Henry Fincher (D-42), grants a shooting range that had been in operation for at least 30 years prior to December 16, 2008, the right to continue operating at the same location.  This right may not be amended, restricted, or terminated due to zoning changes.  SB 309 went into effect May 19.  [/size]
(1963-1967) "GO ARMY!"

Offline kjtrains

  • Grand Master
  • *****
  • Posts: 8107
Re: New Changes in Tennessee Law
« Reply #12 on: June 20, 2009, 08:36:45 AM »
Wow!!  Great information!! :)    :)
Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it.  Abraham Lincoln