The Day Gun Free Zone Signs Came Down in Tennessee

By Dean Weingarten

Repeal Gun Free Zones
Repeal Gun Free Zones

 

Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- The Tennessee Legislature sent SB1736 (HB2033) to Governor Bill Haslam (R) on April 21, 2016.  Governor Haslam signed it on 27 April, 2016.  It goes into effect today, 1 July, 2016.  Most places will start taking down their “No Guns” signs as of today.  SB1736, now Pub. Ch. 947, does this without stepping on private property rights.

It does so by making property owners or property managers responsible for a legal gun carrier’s defense if they take positive action to disarm legal gun carriers and the gun carrier(s) suffer harm as a result.

Here is a summary of the bill.  From tn.gov:

Present law authorizes persons in control of property to post a notice that prohibits firearms on the premises. This bill imposes a duty of care on any person who posts their property to prohibit firearms whereby such person will be responsible for the safety of any handgun carry permit holder while the permit holder is on the posted premises and traversing any area to and from the premises and the location where the permit holder’s firearm is stored. The duty of care created by this bill will extend to the conduct of other invitees, trespassers, employees of the person or entity, vicious animals, wild animals, and defensible man-made and natural hazards.

This bill creates a cause of action whereby any permit holder who is harmed while on posted premises or traversing any area to and from the premises and the location where the permit holder’s firearm is stored may bring suit against the person who posted the property. The full text of this bill specifies the burden of proof that a plaintiff must meet in order to prevail in a suit brought under this bill. In addition to damages, a permit holder who brings a suit under this bill will be entitled to attorney fees and costs. The statute of limitations for actions brought under this bill will be two years.

This bill requires that any person who posts their property to prohibit firearms on the premises must use a sign that includes language citing this bill and the duty of care that such person owes to permit holders.

This bill requires that it be given a liberal construction.

ON MARCH 16, 2016, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1736, AS AMENDED.

AMENDMENT #1 rewrites this bill to provide immunity from civil liability to a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by positing under present law, with respect to any claim based on the person’s, business’s, or other entity’s failure to adopt such a policy. This amendment will not apply to a person, business, or other entity whose conduct or failure to act is the result of gross negligence or willful or wanton misconduct.

The legislature has provided a carrot and a stick to protect the right of armed self defense.  If a property owner or manager does nothing, they are granted immunity from civil liability that results from the presence of legal weapons on the property.  There are exceptions if the damages were the result of gross negligence or willful or wanton misconduct.

That is a powerful incentive for property owners or managers not to put up “No Gun” signs, or to take them down if they are now in place.

If property owners or managers put up a “no gun” sign, or leave one in place, they are held responsible for damages to legal gun carriers who disarmed because of the sign.  They are held responsible for damages that occurred to the legal gun carrier because of being disarmed on the way to and from the premises where they were legally prevented from being armed.  Only those locations that are required to be Gun Free Zones by state or federal law are exempted.

No thinking property owner, unless they are strongly politically or ideologically motivated, will go against these incentives.

The bill follows a trend in several other states.  Kansas grants immunity to property owners and managers from damages that may result from legal gun owners possessing firearms on or in their property.  Wisconsin does the same.  A bill introduced in Wisconsin would award triple damages to disarmed legal gun owners, following the example of Tennessee.

Second Amendment advocates have long held that if an establishment disarms people, the establishment should then be responsible for their defense.

I expect that “No Gun” signs are going to become very scarce in Tennessee.

©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Update: The Senate Amendment 1(pdf) is more sweeping than it appears in the legislative summary.  It removes the ability to sue for damages if a person is disarmed.  Thus it eliminates the “stick” part of the bill.  The carrot, immunity from civil suit, is still there. 

Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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Nick

This article is bullshit: They amended and changed the bill to protect gun free zones from liability:

Weapons – As enacted, provides immunity from civil liability to a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by positing, with respect to any claim based on the person’s, business’s, or other entity’s failure to adopt such a policy. – Amends TCA Title 39, Chapter 17, Part 13.

SB1736 has been assigned Public Chapter Number 947 by the Secretary of State.

Brian

We have the Republican Leadership in the Tennessee legislature to thank for this. The Republican Rhino’s are in charge in Tennessee and they have blocking almost every pro-gun bill that has been introduced this year. As a voter it is important to not vote Republican, but vote for the pro-gun conservative. It is also are Rhino Republicans that gave us our new tax increase.

Jim Macklin

The bill backed by the NRA was very different from the Democrat no-fly list bill. The NRA/Republican bill did provide Due Process, notification and a quick appeal process. That is why teh Democrats voted against it. The Republicans and the NRA opposed the Democrat bill because it did not provide an appeal process, notification and a presumption of innocence during the appeal process. The media was forced to admit that the NRA supported a gun bill. At the same time none of the bills passed and it was obvious that passage was blocked by the Democrats. The NRA understands politics… Read more »

Wayne

Panzer, I’m not wrong on their supporting the list law. How would you like it if your name was on a no fly list because your name matched a suspected terrorist? That happened with a five year old boy. Had the same name as a bad guy. Now, you can’t purchace a firearm because someone says your on a list & they take that right from you without DUE PROCESS. That means, you have to spend your money fighting to get your 2A rights back, if you can. All without them proving that your the bad guy. The NRA voted… Read more »

top franchise opportunities

Awsome info and right to the point. I am not sure if this is truly the best place to ask but do you folks have any thoughts on where to hire some professional writers? Thanks 🙂

Wayne

Doug Overbey is not in my district but i know his record. Scott P. Williams is the challenger for his seat & he’s very pro 2A….very pro Constitution. I wish i COULD vote in that district but i do campaign for him every chance I get. Incumbent Becky Duncan Massey IS in my district…but i cant seem to pinpoint where she stands on the Constitution or the 2A in particular but given her brother is Congressman Jimmy Duncan, I’m sure she’s a safe bet…but that’s assuming so a bit more digging to be done. The NRA gives her a 64%… Read more »

Panzer

well the original post came from Tennessee so let me bring us back there with this post from the TENNESSEE FIREARMS ASSOCIATION “Voters should question endorsements that do not match the facts – particularly on 2nd Amendment issues. Presently, in Tennessee, a number of incumbent candidates like Charles Sargent, Doug Overbey and even congressional incumbent Diane Black are touting their high ratings and endorsements from a certain national firearms advocacy group. It is obvious to many who pay close attention to the events that really take place behind the scenes and in the manipulated committee system that perhaps these endorsements… Read more »

Wayne

That’s interesting. Do you have a link for this? I’ve read several articles on this from not so MSM (Ammoland & such) that made no mention of the Dems forcing any media to report that way…although, it wouldn’t surprise me in the least. That would definitely change my outlook on the NRA.
Thanks.

Eric_CA

Good law …. good article. Hit them where it hurts … their pockets.

Panzer

You are wrong about the NRa , in the past the NRA has made several compromises. But lately they are doing better, that is why I rejoined them . When they called me recently to ask me to do the fiver year renewal I said Id do the one and id never think of the life member as I was not happy how they had compromised in the past. I will remain a member but my extra $ go to GOA, there are no COMMON SENSE laws of CONTROL , and we know it is not about crime by any… Read more »

TEX

What about Nashville ?

Brian

Yes Nashville is in Tennessee. If you have not already please join and contribute to the Tennessee Firearms Association. They are the group that has been doing all the work to get the gun friendly laws passed. The new laws are not perfect, but they are wins. The TFA is continually pushing forward.

Jim Macklin

If you own a gun or plan to buy one when you’ve saved a few dollars, everybody should be an NRA member http://www.nra.org AND should be a member of their State associations. In Illinois there is ISRA and IllinoisCarry. In Kansas where I have lived for 35 years, the KSRA http://www.ksraweb.net working with the NRA has done a complete State turn around. On July 1, 2016 government employees, may carry on the job. July brings new law allowing Kansas public employees to carry concealed weapons Lawrence Journal World‎ – 3 days ago https://www2.ljworld.com/news/2016/jun/30/july-brings-new-law-allowing-kansas-public-employe/ Wichita — State and municipal employees in… Read more »

Wayne

I would join GOA before I would join NRA. NRA supports the no buy list for suspected terrorists. I don’t want a terrorist to have a gun anymore than the next reasonable person but just having your name on a list, invokes a lack of Due Process, which is guaranteed in the Constitution. As for Tennessee’s law, I don’t think it’s enough. I live here & if a business wants to disarm legally licensed CCWs, they should be required to be responsible for ALL PERSONS that walk through their doors. If they’re a gun free zone, they should be held… Read more »

Panzer

I am a GOA member and an NRA member, so you bring up the question why you havent joined GOA yet ??? Its only $20.00 ….not even a tank of gas. gunowners.org

Jim Macklin

The MSM always accuses the NRA of not supporting any sensible legislation. What the NRA endorsed did not pass. But the NRA cannot be accused of blocking all the “sensible, moderate gun control.” Don’t be too quick to dis the NRA, it has only been involved since about 1970 and that was because they were lied to by members of Congress about what was intended. Imagine yourself as a child who wants a shiny red fire engine pedal car for Christmas and your Mom and Dad buy you a motorized hook and ladder truck that you can pedal or flip… Read more »

tomcat

Tennessee is a very gun friendly state. I’m content with living here and enjoying the sensible rules we live under. If someone had the balls to kick my door in I would not have to drag him inside after shooting him.

Jim Macklin

A simple solution, Kansas simply de-criminalized the no-guns signs. If you are discovered all they can do is ask you to leave. If you refuse you are trespassing and could be arrested for that. Furthermore, Kansas as of yesterday, government employees can carry on the job. The streets are dusty and the blood is from traffic accidents. Here in Kansas it has become common to see men and women with an openly carried handgun. Kansas has Constitutional Carry, The Democrats are moving Heaven and Earth to blame the budget problems, tax shortfalls on Governor Brownback et al, rather than the… Read more »

Danny Griffin

Does this apply to employers?

Wild Bill

“Tennessee” + property owners or property managers + if they take positive action to disarm legal gun carriers and the gun carrier(s) suffer harm as a result + responsible for a legal gun carrier’s defense= employer could be .

Tionico

if an employer is in control of the premises, then the employer is the one liable to damages if harm befalls someone disarmed in result of the employer’s action to ban guns on those premises.

Now, if the building were leased/rented, and on the condition that guns continue to be banned, then it is the owner/lessor taking the burden of care for those entering the property.