Amends TCA Title 39, Chapter 17, Part 13.

ON APRIL 8, 2019, THE HOUSE ADOPTED AMENDMENTS #3 AND #4 AND PASSED HOUSE BILL 545, AS AMENDED.<br /> <br /> AMENDMENT #3 rewrites this bill to create a defense to the present law offense of carrying a firearm onto posted property.<br /> <br /> Under present law, it is a Class B misdemeanor offense, punishable by fine only of $500, for a person to possess a weapon in a building or on property that is properly posted as "no firearms allowed" or "concealed firearms by permit only".<br /> <br /> This amendment adds that it is a defense to a prosecution for such an offense if a person:<br /> <br /> (1) Is a permit holder in possession of a firearm;<br /> (2) Has never been convicted of the offense of carrying a firearm onto posted property;<br /> (3) Entered a private building or private property that was open to the public and not a private residence with the reasonable belief that the person was entitled to possess a firearm in the building or on the property because the required sign was obscured or otherwise not plainly visible; and <br /> (4) Immediately left the building or property of the person's own volition without law enforcement being summoned or receiving notice from an employee or representative of the individual, corporation, or business entity.<br /> <br /> AMENDMENT #4 rewrites this bill to create an exception instead of a defense to the offense of carrying a firearm onto posted property.<br /> <br /> This amendment specifies that the offense is not committed if a handgun carry permit holder who possesses a handgun:<br /> <br /> (1) Enters a place of business that:<br /> (A) Is not located within a private residence;<br /> (B) Is generally open to the public at large;<br /> (C) Is properly posted; and<br /> (D) A reasonable person would believe that it is lawful to possess a firearm in the business or on the premises of the business or there are special circumstances present at the time that would cause the person to subjectively believe that entry into the business or on the premises of the business with a firearm was lawful; and<br /> (2) Immediately leaves the business or the premises of the business upon being told or otherwise becoming aware that the business or premises is properly posted.<br /> <br /> This exception will not apply to an employee who is prohibited from possessing firearms on the employer's premises during work hours as a condition of employment and who possesses a firearm in violation of that prohibition.<br /> <br />