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HB 2694 seeks repeal of 39-17-1305


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HB 2694 was introduced 1/19/2010 by Rep. Vance Dennis, co-sponsored by Rep. Rich. As introduced, it would repeal the statutory prohibition relative to possession of a firearm where alcoholic beverages are served... by repealing the entire section! Actual wording of the bill: "Tennessee Code Annotated, Section 39-17-1305, is repealed." That's all there is to it. How's that for a simple, clear unambiguous solution? Instead of creating the exception, it eliminates the offense.

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Makes sense to me.

In fact I've always thought since it is generally illegal for citizens to carry a loaded handgun off their property anyway unless they have a HCP, never real saw a reason to make exceptions for HCP holders to off-limit places, but to simply repeal the law, unless there was going to be some other penalty then that provided for illegal carry already.

If you repeal 39-17-1305 the penalty for intent to go armed is still in place for those that don't have a HCP, still against the law to be under the influence while armed and still a violation of 39-17-1359 to carry past a proper posting.

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Makes sense to me.

In fact I've always thought since it is generally illegal for citizens to carry a loaded handgun off their property anyway unless they have a HCP, never real saw a reason to make exceptions for HCP holders to off-limit places, but to simply repeal the law, unless there was going to be some other penalty then that provided for illegal carry already.

If you repeal 39-17-1305 the penalty for intent to go armed is still in place for those that don't have a HCP, still against the law to be under the influence while armed and still a violation of 39-17-1359 to carry past a proper posting.

Bingo, and that's what we need to be writing all reps/senators who supported overriding Bredsen's veto. What makes someone who's carrying illegally any safer at wal-mart than at Applebee's or, gasp! one of those ILLEGAL bars? Well, okay, if they are willing to carry illegally, then they probably would drink also....but then you can charge them under intent to go armed AND drinking while carrying a weapon. Now that we actually have a fantastic bill to support, we need to get on horn and let them know they should too.

Matthew

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Guest HexHead
Barrett Rich is my local rep. and he said he feels pretty good about it passing. We'll just have to wait and see.

My rep says he's going to see what amendments get attached to it before he makes a decision on it. It's so simple it's likely to become an amendment magnet.

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My rep says he's going to see what amendments get attached to it before he makes a decision on it. It's so simple it's likely to become an amendment magnet.

You know, how amazing would it be if they could submit bills that wouldn't be allowed to have amendments added onto them...

Matthew

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Barrett Rich is my local rep. and he said he feels pretty good about it passing. We'll just have to wait and see.

That's good. He sits on the Crim Practices subcommittee that is the first hurdle for this one. Its chaired by Watson, which seems good, but is co-chaired by Sontany. Bass, Camper and Matheny comprise the rest of the subcmte...not an easy row to hoe.

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Sometimes that's just an oncoming train.

I don't see anything this clean possibly passing.

If it could, why didn't it happen in the last session?

- OS

The recent elections in Massachusetts, New Jersey and Virginia had not occurred yet. A mood across the Nation seems to signify a knowledge that to stem the tide of left moving initiatives, conservatism needs to make a comeback? The message appears to be gaining volume.

We can only hope.

Edited by Worriedman
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It would be GREAT if this Bill could pass. But the media will lock onto it again with "Guns in Bars".

Which is really funny considering that Jackson's bill still allows carry in places that many people consider "bars" (any place that serves liquor.)

Matthew

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This would be a great solution to the problem. It is already illegal to carry a handgun as a weapon in public in TN unless you have a permit, written directive, LEO, or judge. Most of the people does not fall in those categories. It is already illegal to possess a handgun when under the influence of alcohol in TN. Carrying a weapon with intent to go armed is a misdemeanor and so is possessing a handgun under influence of alcohol. Looks like enough laws there to charge trouble makers carrying in bars without permits and getting drunk.

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Guest HexHead
This would be a great solution to the problem. It is already illegal to carry a handgun as a weapon in public in TN unless you have a permit, written directive, LEO, or judge. Most of the people does not fall in those categories. It is already illegal to possess a handgun when under the influence of alcohol in TN. Carrying a weapon with intent to go armed is a misdemeanor and so is possessing a handgun under influence of alcohol. Looks like enough laws there to charge trouble makers carrying in bars without permits and getting drunk.

Now you're talking sense. That will never fly. When has the option of just enforcing the existing laws that address a problem ever been exercised? We must have more new laws, that ultimately will be ignored as well and then the cry will go out again that we need to do something and pass more new laws. It's a viscous cycle. But it makes the liberals happy and the legislators feel needed. :D

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