Amends TCA Title 39, Chapter 17, Part 13.

Present law 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 (as provided in present law), with respect to any claim based on the person's, business's, or other entity's failure to adopt a policy that prohibits weapons on the property. The immunity 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. This bill adds that a person or entity that is authorized to prohibit the possession of firearms on the person's or entity's property pursuant to the present law posting provisions and who elects, pursuant to that authority, to prohibit the possession of firearms by a person authorized to carry a firearm, including, but not limited to, a handgun, by such action assumes absolute custodial responsibility for the safety and defense of the person while on the posted property and while on any property the person is required to traverse in order to travel to and from the location where the person's firearm is stored. This bill provides that the responsibility of the posting person or entity for the safety and defense of the person authorized to carry a firearm 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. A person who is authorized to carry a firearm who is injured, suffers bodily injury or death, incurs economic loss or expense, property damage, or any other compensable loss as the result of conduct occurring on property that is posted for the prohibition of weapons will have a cause of action against the person or entity posting. In addition to damages, the person will be entitled to reasonable attorney fees, expert witness costs, and other costs necessary to bring the cause of action. The statute of limitations for an action under this bill will be two years from the date of the occurrence giving rise to the damages, loss, or injury. This bill requires that any notice or signage that weapons are prohibited must also contain language citing this bill and stating that any person on the posted property who is otherwise authorized to carry a firearm is under the custodial responsibility of the posting person or entity. To prevail in an action brought under this bill, the plaintiff must show by a preponderance of the evidence that: (A) The plaintiff was authorized to carry a firearm at the time of the incident giving rise to the action; (B) The plaintiff was prohibited from carrying a firearm on the property where the incident occurred because carrying a firearm was prohibited; and (C) Prohibition of carrying a firearm on the property was not required by state or federal law but was by choice of the defendant.