Amends TCA Title 39.
This bill revises provisions regarding the restrictions and limitations on the carrying of weapons on certain property, and notice regarding such restrictions and limitations, as discussed below. Generally under present law, an individual, corporation, business entity, or local, state, or federal government entity or agent thereof may: (1) 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; or (2) Restrict 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 by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to an enhanced handgun carry permit or concealed handgun carry permit. Present law specifies that it applies to persons authorized to carry a firearm by authority of either handgun carry permit statute. This bill rewrites the above provisions to instead authorize the above-described individuals and entities (except that this bill removes "federal government entity") to prohibit or limit the possession or open carry of a firearm on property owned, operated, or managed under the control of the individual or entity. Under present law, notice of the prohibition or restriction must be displayed in prominent locations. Present law specifies technical requirements for the notice. This bill revises various provisions regarding the notice, including removing references to the limits on concealed carrying. Under present law, it is an offense to possess a weapon in a building or on property that is properly posted with notice that weapons are prohibited or limited. Possession of a weapon on posted property is a Class B misdemeanor punishable by a fine only of $500. This bill revises this provision to instead provide that if an individual refuses to comply after receiving certain verbal instructions (as described below), then an authorized party of the property may press charges against the individual for criminal trespass, which will be punishable by a fine only of $50.00. This bill specifies that the weapon will not be subject to confiscation. This bill adds that the above-described provisions of present law, as amended by this bill, must be enforced as follows: (1) The person or entity responsible for the posting must give a written notice to an individual believed to be in violation of the prohibition stating the identity of the individual or entity responsible for the prohibition and the entity's mailing address, that the property is a "gun free zone", that the individual, if in possession of a firearm, is required to abide by such prohibition and to remove the firearm from the building or property, and that the individual may be permitted to store the firearm in a personal vehicle; and (2) The person or entity responsible for the posting must give a verbal instruction to the individual that the property has been declared to be a "gun free zone" and that the individual is required immediately to remove the firearm from the building or property but that the individual may be permitted to store the weapon in a vehicle. This bill requires an individual or entity that elects to post a prohibition of firearms to provide security for the prohibited property, including any applicable parking areas. Under present law, an entity of local government or a permittee thereof that enacts or enforces a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity must comply with certain requirements (such as providing metal detection devices at each public entrance). This bill extends the applicability of this provision to state entities. Also, in regard to the present law requirement that the entity provide at each public entrance at least one law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices, this bill revises the provision to instead require that there be at least one on-duty commissioned law enforcement officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices is posted at each public entrance. The governmental entity may also designate licensed private security officers to assist the on-duty law enforcement officer at each entrance provided that the private security serves at the direction and command of the on-duty commissioned law enforcement officer. Under present law, the above-described requirements such as metal detection devices and officers do not apply to: entities licensed under provisions governing metal health facilities, juvenile facilities, and healthcare facilities; property on which firearms are prohibited by other state laws (such as on school property and during judicial proceedings); buildings that contain a law enforcement agency; libraries; or Head Start programs. This bill removes these exemptions to the requirements. This bill requires a local or state government entity that declares a building a "gun free zone" to provide space in the building for those individuals who are carrying a firearm to store the firearm at or near the entrance of the building in a separate, lockable storage unit at no cost to the individual. In the event an individual authorized to possess a firearm in a government building and is willing and available to take possession of a firearm from an individual who is seeking to enter the building but who is not authorized to have a firearm in the building, the authorized individual must be allowed to meet the unauthorized individual at the public entrance for purposes of taking possession of the firearm and the authorized individual must be responsible for returning the firearm when the unauthorized individual exits. If an individual enters public property declared a "gun free zone" under this bill, the individual will not be charged with a violation if, upon being instructed on removal or storage of the firearm, the individual removes the firearm from the property or places it in available storage, or if the firearm is transferred to an authorized individual as described in this bill. This bill requires a government entity that seeks to prohibit individuals from possessing firearms in a government building to first conduct a public hearing on the proposed action with additional public hearings held each year as the prohibition continues. This bill also requires a local government entity that prohibits individuals from possessing firearms in a government building to provide at least one on-duty commissioned officer, exclusive of those required as described above, per every 500 individuals estimated to be in the building.
This bill revises provisions regarding the restrictions and limitations on the carrying of weapons on certain property, and notice regarding such restrictions and limitations, as discussed below. Generally under present law, an individual, corporation, business entity, or local, state, or federal government entity or agent thereof may: (1) 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; or (2) Restrict 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 by allowing a handgun to be carried in a concealed manner only by persons authorized to carry a handgun pursuant to an enhanced handgun carry permit or concealed handgun carry permit. Present law specifies that it applies to persons authorized to carry a firearm by authority of either handgun carry permit statute. This bill rewrites the above provisions to instead authorize the above-described individuals and entities (except that this bill removes "federal government entity") to prohibit or limit the possession or open carry of a firearm on property owned, operated, or managed under the control of the individual or entity. Under present law, notice of the prohibition or restriction must be displayed in prominent locations. Present law specifies technical requirements for the notice. This bill revises various provisions regarding the notice, including removing references to the limits on concealed carrying. Under present law, it is an offense to possess a weapon in a building or on property that is properly posted with notice that weapons are prohibited or limited. Possession of a weapon on posted property is a Class B misdemeanor punishable by a fine only of $500. This bill revises this provision to instead provide that if an individual refuses to comply after receiving certain verbal instructions (as described below), then an authorized party of the property may press charges against the individual for criminal trespass, which will be punishable by a fine only of $50.00. This bill specifies that the weapon will not be subject to confiscation. This bill adds that the above-described provisions of present law, as amended by this bill, must be enforced as follows: (1) The person or entity responsible for the posting must give a written notice to an individual believed to be in violation of the prohibition stating the identity of the individual or entity responsible for the prohibition and the entity's mailing address, that the property is a "gun free zone", that the individual, if in possession of a firearm, is required to abide by such prohibition and to remove the firearm from the building or property, and that the individual may be permitted to store the firearm in a personal vehicle; and (2) The person or entity responsible for the posting must give a verbal instruction to the individual that the property has been declared to be a "gun free zone" and that the individual is required immediately to remove the firearm from the building or property but that the individual may be permitted to store the weapon in a vehicle. This bill requires an individual or entity that elects to post a prohibition of firearms to provide security for the prohibited property, including any applicable parking areas. Under present law, an entity of local government or a permittee thereof that enacts or enforces a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity must comply with certain requirements (such as providing metal detection devices at each public entrance). This bill extends the applicability of this provision to state entities. Also, in regard to the present law requirement that the entity provide at each public entrance at least one law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices, this bill revises the provision to instead require that there be at least one on-duty commissioned law enforcement officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices is posted at each public entrance. The governmental entity may also designate licensed private security officers to assist the on-duty law enforcement officer at each entrance provided that the private security serves at the direction and command of the on-duty commissioned law enforcement officer. Under present law, the above-described requirements such as metal detection devices and officers do not apply to: entities licensed under provisions governing metal health facilities, juvenile facilities, and healthcare facilities; property on which firearms are prohibited by other state laws (such as on school property and during judicial proceedings); buildings that contain a law enforcement agency; libraries; or Head Start programs. This bill removes these exemptions to the requirements. This bill requires a local or state government entity that declares a building a "gun free zone" to provide space in the building for those individuals who are carrying a firearm to store the firearm at or near the entrance of the building in a separate, lockable storage unit at no cost to the individual. In the event an individual authorized to possess a firearm in a government building and is willing and available to take possession of a firearm from an individual who is seeking to enter the building but who is not authorized to have a firearm in the building, the authorized individual must be allowed to meet the unauthorized individual at the public entrance for purposes of taking possession of the firearm and the authorized individual must be responsible for returning the firearm when the unauthorized individual exits. If an individual enters public property declared a "gun free zone" under this bill, the individual will not be charged with a violation if, upon being instructed on removal or storage of the firearm, the individual removes the firearm from the property or places it in available storage, or if the firearm is transferred to an authorized individual as described in this bill. This bill requires a government entity that seeks to prohibit individuals from possessing firearms in a government building to first conduct a public hearing on the proposed action with additional public hearings held each year as the prohibition continues. This bill also requires a local government entity that prohibits individuals from possessing firearms in a government building to provide at least one on-duty commissioned officer, exclusive of those required as described above, per every 500 individuals estimated to be in the building.
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