The Day Gun Free Zone Signs Came Down in Tennessee

Ammoland ^ | 1 July, 2016 | Dean Weingarten

[marktwain]

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.

[marktwain]

If a property owner disarms you, they assume responsibility for your defense.

[LYDIAONTARIO]

Now, if we could only clean out the liberals from Nashville...

[Vaquero]

Watch the guy in the White Mosque get his inJustice department and federal judges to find this unconstitutional.

Then to the Scalia free SCOTUS where they will confirm.

[hadaclueonce]

Joe Biden wept.

[diogenes ghost]

It looks like it would apply to churches, too.

Now, THAT is karma.

[E. Pluribus Unum]

[fieldmarshaldj]

They keep getting worse here.

[jazminerose]

So glad we fled SoCal for E Tennessee. So many things make sense here.

[jazminerose]

So what? We’ll do it anyway.

[SaraJohnson]

Put their money where their big fascist mouths are. Yes.

[humblegunner]

So clearly you snatched material from elsewhere and expect to get some blog hits for it.

Do you sleep well at night after having been such a crapweasel?

[MarineBrat]

>>It looks like it would apply to churches, too.

Lord have mercy on the (soon to be Swiss Cheese) doofalong who walked into my church with the intent to cause harm.

[justlurking]

Except that's not what the bill says. After it was amended in the Senate:

AMEND
Senate Bill No. 1736
House Bill No. 2033

by deleting all language after the enacting clause and substituting instead the following:

SECTION 1. Tennessee Code Annotated, Title 39, Chapter 17, Part 13, is amended by adding the following as a new section:

1. A person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting pursuant to § 39-17-1359, shall be immune from civil liability with respect to any claim based on such person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property by posting pursuant to §39-17-1359

2. Immunity under this subsection (a) does 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.

SECTION 2. This act shall take effect July 1, 2016, the public welfare requiring it.

Sorry, folks. It only protects someone that doesn't post a no-guns sign. It doesn't impose any liability on someone that does.

[Vaquero]

Absolutely. When guns are outlawed we will become outlaws. But the real criminals are in the White Hut and other ‘progressive’ enclaves

[MV=PY]

"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."

Brilliant!

[marktwain]

I think you are correct. I have seen several texts of the bill. None contain the new language of the Senate Amendment. But it is clear the Senate amendment is what passed into law. The legislative summary at the Tennessee legislative site is ambiguous. It is quoted in the article in full.

Do you have a link for the actual legislation that went into effect? I have not been fond one.

[marktwain]

“been found one” should be “found one.”

[marktwain]

The new legislation still provides incentives. Only half what was originally put forth.

Thanks for your research.

[justlurking]

The legislative summary at the Tennessee legislative site is ambiguous. It is quoted in the article in full.

That is the original summary. But, what most people miss is the Amendment text that was added at the end.

Do you have a link for the actual legislation that went into effect? I have not been fond one.

This is the original bill: http://www.capitol.tn.gov/Bills/109/Bill/SB1736.pdf

This the amendment: http://www.capitol.tn.gov/Bills/109/Amend/SA0692.pdf

That's the part that I reproduced earlier.

This is the legislative history: http://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB1736

[justlurking]

The new legislation still provides incentives. Only half what was originally put forth.

Yes, it protects business owners that choose to not post a no-guns sign.

It does nothing at all for CHL holders.