The state of Tennessee is adding an interesting responsibility to the concealed carry debate. As of July 1, the state passed a law that business owners who demand that law-abiding concealed carry permit holders disarm themselves inside their business are responsible for the safety of those permit holders. The law, which was part of SB 1736, places liability for injuries received while on no-carry properties on the business owners who disarmed the patron.
SB 1736 passed the Tennessee Senate by a vote of 26 to 4 on March 16. It passed the House by a vote of 77 to 13 on April 18. Governor Bill Haslam (R) signed SB 1736 on April 27.
Tennessee laws allow businesses to post a notice prohibiting firearms on their property. However, the new law makes it clear that those businesses who prohibit firearms can be held responsible if the person who would otherwise be carrying is injured because they didn’t have their gun while on the property, or because they were heading to or from the vehicle to retrieve the stored gun.
The summary of SB 1736 is clear:
Present law authorizes persons in control of property to post a notice that prohibits firearms on the premises. This bill imposes a duty of care on any person who posts their property to prohibit firearms whereby such person will be responsible for the safety of any handgun carry permit holder while the permit holder is on the posted premises and traversing any area to and from the premises and the location where the permit holder’s firearm is stored. The duty of care created by this bill 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.
