Friday, July 1, 2016

Tennessee: Prohibit Firearms and You are Responsible for Safety of those You Unarm

As of today in Tennessee, if a handgun permit holder is injured, suffers bodily injury or death, incurs loss or expense, property damage or any other compensable loss on a property posted as a gun-free zone, they can sue the person or entity who stripped them of their right to self defense.

This is awesome. When I am forced to travel stripped of my right to carry, I always remind my family to sue on my behalf should I be harmed. You know, like when I have to travel to California or Illinois.  I don't patronize businesses that don't allow me to carry my firearm unless absolutely necessary (pharmacy, hospital, etc).  I hope other states follow Tennessee's lead. Make owners take responsibility for "gun-free" zones.

Here is the Bill Summary from the TN General Assembly page:

BILL SUMMARY

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.

This bill creates a cause of action whereby any permit holder who is harmed while on posted premises or traversing any area to and from the premises and the location where the permit holder's firearm is stored may bring suit against the person who posted the property. The full text of this bill specifies the burden of proof that a plaintiff must meet in order to prevail in a suit brought under this bill. In addition to damages, a permit holder who brings a suit under this bill will be entitled to attorney fees and costs. The statute of limitations for actions brought under this bill will be two years.

This bill requires that any person who posts their property to prohibit firearms on the premises must use a sign that includes language citing this bill and the duty of care that such person owes to permit holders.

Links for more info:


Tennessee Senate Bill 1736

want-a-gun-free-zone-tennessee-says-thats-on-you-literally

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