Bill allowing customers to carry guns in businesses fails in Senate committee
The Tennessee Senate Judiciary Committee on Tuesday narrowly blocked a controversial proposal that would have allowed concealed carry permit holders to bring guns into businesses without the property owners' consent.
Senate Bill 2180, backed by Sen. Joey Hensley, R-hohenwald, aimed to exempt concealed carry or enhancedhandgun carry permit holders from current Tennessee criminal code that makes "possessing a firearm in a concealed manner" illegal if the business owner has posted signage prohibiting weapons on the property.
The Tennessee Department of Safety and Tennessee Bureau of Investigation opposed the bill, arguing the legislation would allow anyone with a valid handgun permit to carry a gun inside state buildings, including things like jails or prisons or Department of Children's Services facilities.
Business and property owners could still ask a gun holder to remove the firearm from the premises under the proposed bill, and law enforcement could enforce a trespassing charge. Hensley argued any business could still hire security or use metal detectors to prohibit firearms, but the gun carrier could no longer be charged for bringing it into the business under the current signage law.
Elizabeth Stroeker, the Department of Safety legislative affairs director, argued the current posting requirements are already "very clear" in the state and the legislation could put state employees or business owners in a difficult situation.
"We do not want to put people in a position to see someone with a firearm and approach that person and ask them to leave, or wait for law enforcement to get there to handle the situation," Stroecker said.
Supporters of the bill argued it would more broadly protect gun rights.
Sen. Brent Taylor, R-memphis, suggested stores are "assuming a great liability" of prohibiting guns in businesses, comparing blocking guns to blocking inhalers, and suggesting a business could be sued if a customer had an asthma attack without an inhaler or fell victim to a violent crime without a firearm.
"What's the better outcome, for someone to put their gun in a car, susceptible to being stolen, or to keep it with them?" Sen. Kerry Roberts, Rspringfield, said.
The Nashville Area Chamber of Commerce earlier this month decried the legislation in an "action alert" email to its members. The chamber warned the law could restrict their property rights.
"SB2180/HB1904 puts business owners in a dangerous position by requiring us to confront armed individuals in our establishments to remove them, regardless of our business's policies on firearms," the Chamber said. "Sponsors say this bill expands gunowner rights, but this bill will allow licensed gun owners to carry firearms into our establishments and prevent us from restricting the proliferation of guns on our properties in a safe manner."