Tennessee Governor Bill Haslam signs "guns-in-parking-lots" bill

Tennessee Governor Bill Haslam signs "guns-in-parking-lots" bill

Tennessee Governor . Bill Haslam  signed a bill that would allow citizens with handgun carry permits to store firearms in their vehicles no matter where they are parked.

 The new law was approved 28-5 in the Senate, and 72-22 in the House last month, the measure becomes law July 1, 2013

The new law allows gun carry permit holders to keep their guns in their locked vehicles at most workplaces. However, the bill does allow employers to impose gun-free policies on their employees and also to sanction employees who violate it. This was a compromise that allowed the bill's passage.

SB 0142 by *Ramsey, Johnson, Ketron, Tracy, Campfield, Gresham. (HB 0118 by *Faison, Evans, Eldridge, Rich, Matheny, Farmer, Dennis, Tidwell, Durham, Holt.)

Handgun Permits - As introduced, allows person with a valid handgun carry permit to transport and store a firearm or firearm ammunition in the permit holder's privately-owned motor vehicle in public or private parking areas under certain conditions. - Amends TCA Title 39, Chapter 17, Part 13.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill, as described below, allows a person with a valid handgun carry permit to transport and store a firearm or ammunition in the person's privately-owned vehicle in public or private parking areas, not including the grounds or property of a single-family detached residence.

Generally, under present law:

(1) Any business or government entity may prohibit the possession of weapons by any person on property owned, operated, or managed or under the control of such entity;

(2) It is a Class A misdemeanor for any person to possess or carry a firearm in or on the grounds of any municipal, county or state recreational property; and

(3) It is a Class E felony for any person to possess or carry a firearm on any public or private school property or bus.

Notwithstanding the above provisions, this bill authorizes a holder of a valid handgun carry permit, unless expressly prohibited by federal law, to transport and store a firearm or ammunition in the person's privately-owned vehicle while on or utilizing any public or private parking area if:

(1) The vehicle is parked in a location where it is permitted to be; and

(2) The firearm or ammunition being transported or stored in the vehicle:

(A) Is kept from ordinary observation if the person is in the motor vehicle; or

(B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's vehicle or a container securely affixed to the vehicle if the person is not in the vehicle.

"Parking area" does not include the grounds or property of a single-family detached residence.

No business entity, employer, or owner, manager, or legal possessor of the property may be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored in accordance with this bill, unless such person or entity commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Such person or entity would also not be responsible for the theft of a firearm or ammunition stored in accordance with this bill.

ON FEBRUARY 11, 2013, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 142, AS AMENDED.

AMENDMENT #1 clarifies that, under this bill, no business entity, public or private employer, or the owner, manager, or legal possessor of the property may be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by the holder of a valid handgun carry permit in the permit holder's privately-owned motor vehicle unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. This amendment also clarifies that, under this bill, no business entity, public or private employer, or the owner, manager, or legal possessor of the property will be held responsible for the theft of a firearm or ammunition stored by the holder of a valid handgun carry permit in the permit holder's privately-owned motor vehicle.