Firearms and Ammunition - As introduced, prevents employers and landowners from prohibiting individuals licensed to carry from storing guns in locked, personal vehicles. - Amends TCA Title 39 and Title 40.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3002Date
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 6, Nays 1 PNV 203/27/2012
    Placed on S. Jud Comm. cal. for 3/27/201203/21/2012
    Action Def. in S. Jud Comm. to 3/27/201203/20/2012
    Placed on S. Jud Comm. cal. for 3/20/201203/14/2012
    Action Def. in S. Jud Comm. to 3/20/201203/13/2012
    Placed on S. Jud Comm. cal. for 3/13/201203/07/2012
    Action Def. in S. Jud Comm. to 3/13/201203/06/2012
    Placed on S. Jud Comm. cal. for 3/6/201202/29/2012
    Action Def. in S. Jud Comm. to 3/6/201202/28/2012
    Sponsor(s) Added.02/23/2012
    Placed on S. Jud Comm. cal. for 2/28/201202/22/2012
    Action Def. in S. Jud Comm. to 3/6/201202/21/2012
    Placed on S. Jud Comm. cal. for 2/21/201202/15/2012
    Action Def. in S. Jud Comm. to 2/21/201202/14/2012
    Placed on S. Jud Comm. cal. for 2/14/201202/08/2012
    Sponsor(s) Added.02/08/2012
    Sponsor(s) Added.02/01/2012
    P2C, ref. to S. Jud Comm.01/30/2012
    Intro., P1C.01/26/2012
    Filed for intro.01/25/2012
    Actions For HB3560Date
    Action Def. in Calendar & Rules Committee to Summer Study04/24/2012
    Sponsor(s) Added.04/23/2012
    Placed on cal. Calendar & Rules Committee for 4/24/201204/19/2012
    Sponsor(s) Added.04/19/2012
    Action Def. in Calendar & Rules Committee to Next Calendar04/19/2012
    Placed on cal. Calendar & Rules Committee for 4/19/201204/18/2012
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee04/17/2012
    Placed on cal. Consumer & Employee Affairs Committee for 4/17/201204/11/2012
    Rec. For Pass. by s/c ref. to Consumer & Employee Affairs Committee 04/10/2012
    Placed on s/c cal C&EA Subcommittee for 4/10/201204/04/2012
    Sponsor(s) withdrawn. 04/04/2012
    Action Def. in s/c C&EA Subcommittee to 4/11/201204/04/2012
    Placed on s/c cal C&EA Subcommittee for 4/4/201203/28/2012
    Mtg. Cancelled Action Def. in s/c C&EA Subcommittee to 3/28/1203/21/2012
    Placed on s/c cal C&EA Subcommittee for 3/21/201203/14/2012
    Action Def. in s/c C&EA Subcommittee to 3/21/201203/14/2012
    Placed on s/c cal C&EA Subcommittee for 3/14/201203/07/2012
    Sponsor(s) Added.02/21/2012
    Assigned to s/c C&EA Subcommittee02/01/2012
    P2C, ref. to Consumer & Employee Affairs Committee02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
  • AmendmentsFiscal Memos
    SA1014Amendment 1-1 to SB3002Fiscal Memo for SA1014 (14959)  Fiscal Memo for SA1014 (14959)  
    SA1015Amendment 2-2 to SB3002Fiscal Memo for SA1015 (15867)  
    AmendmentsFiscal Memos
    HA1221Amendment 1-1 to HB3560Fiscal Memo for HA1221 (16182)  
    HA1220Amendment 2-2 to HB3560Fiscal Memo for HA1220 (14959)  Fiscal Memo for HA1220 (14959)  
    HA1338Amendment 3- to HB3560 
    HA1366Amendment 4- to HB3560 
    HA1367Amendment 5- to HB3560 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3002

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    With certain exceptions discussed below, this bill prohibits a business entity or owner, manager or legal possessor of real property, or public or private employer from establishing, maintaining, or enforcing a policy or rule that prohibits or has the effect of prohibiting a person's transportation or storage of a firearm or ammunition when:

    (1) The firearm or ammunition: is kept from ordinary observation within the person's attended, privately-owned motor vehicle; or is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's privately owned motor vehicle or a container securely affixed to such vehicle; and
    (2) The vehicle is operated or parked in a location where it is otherwise permitted to be.

    Under this bill, a person who is injured or incurs damages, or the survivors of a person killed, as a result of a violation of the above provisions may bring a civil action in the appropriate court against any business entity, or owner, manager, or legal possessor of real property, or public or private employer who committed or caused such violation. A person who is denied the opportunity to transport or store a firearm or ammunition by a policy or rule prohibited by this bill may bring a civil action in the appropriate court to enjoin any business entity, or owner, manager, or legal possessor of real property, or public or private employer from violating the above-described provisions. In any actions brought pursuant to this bill, court costs and attorney's fees will be awarded to the prevailing plaintiff.

    An employee discharged by a public or private employer for a violation of a policy or rule prohibited by this bill would be entitled to full recovery as specified below. If demand for the recovery has not been satisfied within 45 calendar days, the employee may bring a civil action in the circuit court of this state against the public or private employer and is entitled to the following:

    (1) Reinstatement to the same position held at the time of the employee's termination from employment, or to an equivalent position;
    (2) Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate;
    (3) Compensation, if applicable, for lost wages, benefits, or other lost remuneration caused by the termination; and
    (4) Payment of reasonable attorney's fees and legal costs incurred.

    No business entity, or owner, manager, or legal possessor of real property, or public or private employer will be held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored pursuant to this bill, including, but not limited to, the theft of a firearm from an employee's or invitee's automobile, unless the business entity, or owner, manager, or legal possessor of real property, or public or private employer intentionally solicited or procured such other person's injurious actions.

    This bill will not apply if:

    (1) The person operating the motor vehicle is prohibited from possessing, receiving, or transporting firearms under state or federal law or by any court order, including specific state statutes regarding the unlawful possession of a weapon and possessing a handgun while under the influence of drugs or alcohol;
    (2) The motor vehicle is located in any place where firearms are expressly prohibited by federal law.

    It should be noted that generally under present law, a person may only carry a handgun if the person has a handgun carry permit. It is not clear to the author of this summary whether this bill is addressing only handgun carry permit holders.

    Under present law, there is a exemption to the prohibition on carrying a weapon on public park, playground, civic center or other government-owned recreational facility for a person entering the property for the sole purpose of delivering or picking up passengers and who does not remove any weapon from the vehicle or utilize it in any manner. This bill removes this exemption.

    Generally, present law (TCA section 39-17-1309)prohibits the possession or carrying of a firearm on school property. Present law provides that this prohibition does not apply to a nonstudent adult who possesses a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property; this bill removes this provision.

    It should be noted that another present law provision (TCA section 49-6-3401) prohibits the possession of a firearm by a student on school property; such a law is required by federal law under the Gun-Free Schools Act. That Act has an exemption for a firearm that is lawfully stored inside a locked vehicle on school property,

    Also, under the federal Gun Free School Zone Act it is generally a federal crime to knowingly bring a gun within 1,000 feet of a school. Federal law does contain certain exceptions, one being that the prohibition does not apply of the person is lawfully licensed to carry a firearm under the law of the state where the school is located. Another exemption is for a unloaded firearm in a locked container or locked gun rack.

  • FiscalNote for SB3002/HB3560 filed under SB3002
  • House Floor and Committee Votes

    HB3560 by Bass - HOUSE CALENDAR & RULES COMMITTEE:
    Deferred to: Summer Study 4/24/2012
    Passed
              Ayes...............................................15
              Noes................................................8

              Representatives voting aye were: Brooks H, Casada, Casada, Cobb, Dunn, Harwell, Haynes, Johnson P, Maggart, McCormick, McCormick, McDaniel, McDaniel, McManus, Niceley, Ramsey, Roach, Sexton, Mr. Speaker Harwell -- 15.
              Representatives voting no were: Eldridge, Fitzhugh, Fitzhugh, Matheny, Montgomery, Naifeh, Sargent, Towns, Turner M, Mr. Speaker Naifeh -- 8.

              HB3560 by Bass - HOUSE CONSUMER AND HUMAN RESOURCES COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 4/17/2012
              Voice Vote - Ayes Prevail Rep.(s) Hardaway, Turner J requested to be recorded as voting No

              HB3560 by Bass - HOUSE CONSUMER AND HUMAN RESOURCES SUBCOMMITTEE:
    Recommended for passage - refer to: Consumer & Employee Affairs Committee 4/10/2012
              Voice Vote - Ayes Prevail Rep.(s) Hardaway requested to be recorded as No.

    Senate Floor and Committee Votes

    SB3002 by Faulk - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 3/27/2012
    Passed
              Ayes................................................6
              Noes................................................1

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Overbey, Yager -- 6.
              Senators voting no were: Marrero -- 1.