SB1488113th GA (Historical)Introduced

Amends TCA Title 29 and Title 39, Chapter 17.

Present law authorizes an individual, corporation, business entity, or local, state, or federal government entity or agent thereof to do the following: (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 a concealed handgun carry permit. Present law requires that the prohibition must apply to any person who is authorized to carry a firearm by authority of an enhanced handgun carry permit or concealed handgun carry permit. Notice of the prohibition or restriction permitted must be accomplished by displaying the notice described in law 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 or restricted. The notice must be plainly visible to the average person entering the building, property, or portion of the building or property, posted. Present law provides that a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting is 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. However, this 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 who is authorized to prohibit the possession of firearms on the person's or entity's property and who elects, pursuant to that authority, to prohibit the possession of firearms by a person authorized to carry a handgun is not immune from civil liability with respect to a claim based on the person's or entity's adoption of a policy that prohibits weapons by posting.

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Overview

Present law authorizes an individual, corporation, business entity, or local, state, or federal government entity or agent thereof to do the following: (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 a concealed handgun carry permit. Present law requires that the prohibition must apply to any person who is authorized to carry a firearm by authority of an enhanced handgun carry permit or concealed handgun carry permit. Notice of the prohibition or restriction permitted must be accomplished by displaying the notice described in law 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 or restricted. The notice must be plainly visible to the average person entering the building, property, or portion of the building or property, posted. Present law provides that a person, business, or other entity that owns, controls, or manages property and has the authority to prohibit weapons on that property by posting is 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. However, this 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 who is authorized to prohibit the possession of firearms on the person's or entity's property and who elects, pursuant to that authority, to prohibit the possession of firearms by a person authorized to carry a handgun is not immune from civil liability with respect to a claim based on the person's or entity's adoption of a policy that prohibits weapons by posting.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

February 2, 2023

Subjects
178548352127

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SB1488: Amends TCA Title 29 and Title 39, Chapter 17. | LegisGo