Guns in Parking Lots
Most Recent Action
After four years of debate and opposition by many of Tennessee's largest employers, the Tennessee General Assembly approved the guns-in-parking-lots bill.
The bill would allow handgun-carry permit holders to keep guns in their locked cars on virtually every public and private parking lot in the state, including school and college campuses.
It passed the Senate Feb. 11 with a 28 - 5 vote. It passed the House on Feb. 22 with a 72 - 22 vote. It still awaits the Governor's signature.
last updated 3/5/2013
The so-called "Guns in Parking Lots" bill is once again certain to be a hot issue this legislative session. State Senate Speaker Ron Ramsey has filed new legislation, SB 0142, which allows handgun-carry permit holders to keep their guns in their cars parked on employer-owned parking lots even against their employer's wishes provided the weapon is secured securely and stored out of sight in the parked vehicle.
The legislation also protects the employer against "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 the law.
Rep. Jeremy Faison is carrying the bill in the House, HB0118
last updated Feb. 4, 2013
On April 24, SB 2992 was deferred in the Senate Calendar & Rules Committee to a Summer Study which stops movement on the bill.
AS AMENDED, the bill was re-written to prohibit discrimination based on an applicant's or employee's ownership, storage, transportation, or possession of a firearm that is otherwise in compliance with state and federal law. Stipulates legal remedy for a violation.
Currently, the law allows a business, state or local government entity to prohibit the possession and use of any weapon by any person on property owned or operated by the business or governmental entity. The statute is permissive in that cities are not required to prohibit guns on property but rather allows cities the option of doing so. Many cities have adopted ordinances pertaining to municipal property as well as workplace violence policies addressing municipal employees. Therefore, if the bill(s) were to become law, it would nullify existing ordinances and policies and eliminate the choice afforded cities under current law. As such, the bill violates local autonomy and is opposed by the League.
* Precludes public and private employers from prohibiting their employees, including those without a valid carry permit, from keeping guns in their cars while at work, provided the car is locked and the weapon is not visible or is transported in accordance with present law. (The bill only applies to employees. Cities' ordinances/policies concerning weapons on city property would still be applicable to non-employee visitors)
* Precludes public and private employers from requiring an employee or applicant for employment to disclose information about owning, possessing, using, transporting a firearm, unless it related to the duties of employment
* Precludes public and private employers from conditioning employment rights, benefits, privileges, or opportunities on such information.
* Any public or private employer that violates these requirements would be subject to civil action, including actual and punitive damages, court costs and attorney's fees.
As a rule, TML does not take a position on legislation relating to Second Amendment rights, carry permits or the like. There are, of course, exceptions to every rule. In the past, TML has taken a position on such legislation if it would have the effect of limiting or restricting local autonomy. For example, TML opposed the guns in parks legislation adopted two years ago. Ultimately, the guns in parks legislation was amended to preserve local autonomy.
BACKGROUND
Many cities have elected to prohibit the possession of weapons by any person, including those with valid carry permits, at meetings conducted by, or on property owned, operated or managed or under the control of the city. City-property would include city-owned parking lots and vehicles. This prohibition is authorized under state law and is either adopted as an ordinance or incorporated in a workplace violence policy. 39-17-1359. Prohibition at certain meetings Posting notice. (a) (1) An individual, corporation, business entity or local, state or federal government entity or agent thereof is authorized to prohibit the possession of weapons by any person who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity or government entity. (2) The prohibition in subdivision (a)(1) shall apply to any person who is authorized to carry a firearm by authority of § 39-17-1351. (b) (1) Notice of the prohibition permitted by subsection (a) shall be accomplished by displaying one (1) or both of the notices described in subdivision (b)(3) in prominent locations, including all entrances primarily used by persons entering the property, building, or portion of the property or building where weapon possession is prohibited. Either form of notice used shall be of a size that is plainly visible to the average person entering the building, property, or portion of the building or property, posted.
Necessarily, these ordinances and policies provide exceptions for those individuals possessing a weapon issued by or sanctioned by the city and used within the scope of their employment with the city. Virtually all ordinances or policies mirror the state definition of weapons, including: • All types of firearms • Switchblade knives and knives with a blade longer than 4 inches • Dangerous chemicals • Explosives or blasting caps • Chains • Other objects carried for purposes of injury or intimidation
