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Metro Davidson Council seeks to override HB0962 on local level


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Overall what bother's me most is this is a direct attack on the property owners, and small business owner's rights.

Restaurant owners can post their property if they wish to. By going about it this way, the Metro Council is stripping the property owner the ability to allow patrons who have a HCP to bring their weapon with them.

Which means they are using an unethical use of procedure to not only deny the HCP holders the ability to carry inside a restaurant... but is stripping the freedom of choice from the business owner.

That... seems very heavy handed and weakens any argument that all restaurant owners are truly against this.

Right now it is estimated that we will approach 300k HCP holders by the end of the year. (TN pop at roughly 6 mil.) If this holds true, we can expect 5% of the population to have permits by the end of the year, and I don't think it is too far to venture that we could see 8-10% HCP holders in the next two years. Maybe sooner.

While not a majority, it is a voting, political active minority. (If you run the numbers of those who actually vote in elections, the argument could be made that the percentage goes way up.)

Example: If 4 million people (of the 6 million residents) vote in Tn, and all 300k HCP holders vote our percentage goes up to 7.5 %.

Edited by creeky
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Actually, the good that can come from this is the abolishment of beer boards and bring beer under the state's liquor license. Sometimes you gotta love the law of unintended consequences. Metro thinks they can ban it and may end up having the authority stripped away completely.

Trust me it's not the authority they like having, it's the revenue.... They make a lot of money off of regulating beer sales.

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If I'm reading that right, it sounds to me like the reason he didn't state his opinion before was that he's the guy that's pushing for this - "to let the community debate begin" my :hat:!

If you look at my other post you'll note I indicated he was sponsoring this ordinance.

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someone mentioned that all who live in Davidson county need to write, but I think that all of us that do not need to write too stating that we, as tourists, will refuse to come to that county to do our tourism. In the same time as I can get to Nashville (which I do several times a year either on business or pleasure) I can get to Knoxville, Pigeon Forge, or anywhere else to do my vacations. Not only will this bill hurt the restaurants, but ALL of the businesses that live off of the tourism bucks in certain times of year. I am going to write all of the members of the City Counsel when I get off of work.

Very good plan... The more emails or phone calls they receive the better... Keep in mind if you have the time phone calls followed by a personal email will have the most impact IMHO. These guys unlike the state legislature do not have people answering the phone for them.

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Guest HexHead
Does anyone know if the NRA has made any statements about this yet?

Not yet, but I've received several emails from the NRA-ILA Grassroots Division and they're passing it along to their TN Legislative Aide. I've also asked them to bring this to the attention of Chris Cox.

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Here is what I sent.

I am writing you to express my concerns over your response to the veto override of the "guns in bars bill" as it has been called by the liberal media. I have traveled to Nashville in the past for work and when I do I am usually there for 3 days to a week at a time. If you refuse to recognize the law enacted by the state of Tennessee I will be forced to stay outside of Davidson county when I am required to work in the area, that will keep me from breaking your unconstitutional law and still allow me to protect myself while out dining. I hope that you will reconsider your actions and let the will of the people prevail over the liberal hogwash that has been spread in the media.

Just for a fact check, a HCP holder can't, I repeat CAN'T drink while carrying, well they can but will risk loosing their HCP since it is one of the stipulations set out in the law since HCP's began being issued in Tennessee.

There are 36 states that allow a HCP holder to carry and they have no problems, even VA. which Requires open carry in a bar (you can't carry concealed in a bar in VA.) has had no problems.

The fear that a HCP holder is going to shoot up a restaurant is crazy.

Again, I ask that you let the law stand as written and give us law abiding citizens a chance to prove what we have been saying all along, that nothing will happen.

As a final note, I would like to remind you that as a HCP holder I have been eating in restaurants that don't serve alcohol and not one has been shot, most of the time you will not even be able to tell the gun toting people from the not gun toting people.

Not pretty but to the point I hope.

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Remember a few months ago when Colorado was going to quit honoring all out of state carry permits?

An email campaign to the state tourist board reversed that decision in a hurry.

I'm wondering if maybe you, David Y, as the man on this board, might want to post Nashville's proposed move on a couple of national gun boards, to see if same might happen. There was a big thread on DefensiveCarry.com on it, in the "Concealed Carry Issues & Discussions" forum.

Could include email and snail mail contacts for the Tn Dept. of Tourism.

Lots of folks come to Nashville from all over the country, eh?

I'd do it myself, but would have more authority coming from you.

(PMing this also)

- OS

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Guest KWW67
Remember a few months ago when Colorado was going to quit honoring all out of state carry permits?

An email campaign to the state tourist board reversed that decision in a hurry.

I'm wondering if maybe you, David Y, as the man on this board, might want to post Nashville's proposed move on a couple of national gun boards, to see if same might happen. There was a big thread on DefensiveCarry.com on it, in the "Concealed Carry Issues & Discussions" forum.

Could include email and snail mail contacts for the Tn Dept. of Tourism.

Lots of folks come to Nashville from all over the country, eh?

I'd do it myself, but would have more authority coming from you.

(PMing this also)

- OS

Best idea I have heard yet.

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Looks like Metro-Nashville is trying to politic themselves right out of business...or at least the restaurant business.

I don't eat out that much, but when I do it's local - Fairview, Franklin, Dickson, & when I'm there, Columbia.

I hope this stupid fad doesn't spread to Williamson and Maury counties.

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Guest tlondon

I sent the e-mail to all the members. Although I do not live in metro I told them that I am in nashville alot and dine there alot and if the council restricts my right to defend myself and my family I would not spend another dollar in nashville. (thats the readers digest condensed version). So faw I have heard back from Duane Dominy and Robert Duvall who do NOT support this ordanance. (both were the same form letter already posted here)

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Here is an email that I just received from my councilman. He told me that he was against the council trying to limit our 2A rights.

This is Tygard's email to the Metro Council.

====================================

----- Original Message -----

From: Charlie Tygard

To: councilmembers@nashville.gov

Cc: Neighbors, Diane (Vice Mayor) ; Cooper, Jon (Metro Council Office) ; Waller, Elease (Metro Council Office) ; Hayes, Roseanne (Metro Council Office)

Sent: Friday, June 05, 2009 9:56 AM

Subject: Firearms/Restaurants/Etc Legislation

Vice Mayor Neighbors & Fellow Members of Council:

I will be the first to admit that I am not an expert on the pros & cons of handgun legislation. I do not profess to know what the issues the Governor and State legislature considered with their actions.

I do know that this is an issue that many people are apparently passionate about - on both sides of the issue.

Jon Cooper has prepared a bill that reads "amend Metro Code to prohibit firearms in any establishment with an on-premises beer permit." On-duty tax enforcement officers are not included. Locations not serving beer are not included.

This bill will be filed today.

I have heard from restaurants and bars both in favor and against. We are hearing from citizens both for and against. What I am telling each of them that this will be a thoughtful, deliberative process. As a starting point, Metro Legal has been asked to rule on the legality and our jurisdiction. I am asking Jon Cooper to request an opinion from the State Attorney General. As the process moves forward, I will ask Chair Lady Bennett of the Public Safety Committee to hold hearing(s) and panel discussions from those more knowledgeable than I on the issue so that I can make an informed vote. Surely we need to hear from the Davidson County Delegation and Mayor Dean on their thoughts.

I'm sorry to have created this firestorm, but I suspect that this issue would have arisen with or without my participation based on the proponents of this legislation. At least this way, I can insure that I am educated totally on the issues.

Councilmembers Barry, Maynard and Todd have signed on as co-sponsors and I invite other interested members to sign on if you desire.

This measure will not be rushed in any way and I am open to any of you with ideas on how the public can best be heard.

Respectfully,

Charlie Tygard

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Jon Cooper has prepared a bill that reads "amend Metro Code to prohibit firearms in any establishment with an on-premises beer permit." On-duty tax enforcement officers are not included. Locations not serving beer are not included.

If, IF the proposal was to deny beer permits to establishments that didn't post to prohibit carry, that might, MIGHT have a slight chance.

But to me the above would blatantly violate 39-17-1314, since it is attempting to prevent firearm possession.

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Guest HexHead
Here is an email that I just received from my councilman. He told me that he was against the council trying to limit our 2A rights.

This is Tygard's email to the Metro Council.

====================================

I forwarded that on to the NRA-ILA.

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If, IF the proposal was to deny beer permits to establishments that didn't post to prohibit carry, that might, MIGHT have a slight chance.

But to me the above would blatantly violate 39-17-1314, since it is attempting to prevent firearm possession.

The intent clearly violates 39-17-1314 IMHO, but without the exact text who knows... Hopefully the firestorm will keep this from going forward.

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I did not read every post here. So I hope I am not saying something that has already been said. I find it very disgusting that government officials would openly state that they are going to circumvent the law by making a law that counter acts it. To me this is criminal intent. They are deliberately braking the law.

Bob T

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Got this:

Thank you for sharing! I find this proposed end-run around the new state law shameful. I assure you that I will do all that is within my power to defend our second amendment rights.

I would also encourage you to attend the upcoming Friends of the NRA banquet here in Nashville on June 13. You may get more information and tickets at the link below.

Events - State Fund Committee, NRA

Keep up the fight,

Duane Dominy

District 28 Councilman

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For all of the emails and calls we have made from what I can see we have only heard from 4 councilmen that were on our side. They are

1 Karen Bennett, District 8

2 Duane Dominy, District 28

3 Jim Hodge, District 30

4 Robert Duvall, District 33

Those against are

1 Charlie Tygard CAL

2 Bo Mitchell, District 35

3 Carter Todd District 34

4 Megan Barry CAL

5 Jerry Maynard CAL

Anyone have any more?

Edited by Volzfan
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