Document Category:
State: Tennessee
Subject Matter: Tennessee Businesses that Prohibit Firearms Could Become Liable for the Safety of Handgun Permit Holders
Document Title:

Tennessee businesses that prohibit the possession of firearms on their
property would be made liable for the safety and defense of individuals with
handgun carry permits if legislation introduced by Sen. Dolores Gresham
(R-Somerville) is passed by the State Assembly. The proposed legislation would
additionally hold business owners responsible for the permit holder’s safety
and defense “on any property the permit holder is required to traverse in order
to travel to and from the location where the permit holder’s firearm is

Senate Bill 1736
would amend the Tennessee Code Annotated § 39-17-1359 which authorizes
individuals, corporations, business entities and local, state or federal
government entities to prohibit the possession of weapons with posted notice on
property owned, operated, or managed or under the control of the individuals or
entities. The proposed legislation would impose liability for “the conduct of
other invitees, trespassers, employees of the person or entity, vicious
animals, wild animals, and defensible man-made and natural hazards.”

Specifically, Senate Bill 1736 states:

Any handgun carry permit holder who is injured, suffers bodily injury or
death, incurs economic loss or expense, property damage or any other
compensable loss as the result of conduct occurring on property that is posted
pursuant to § 39-17-1359, shall have a cause of action against the person or
entity posting. In addition to damages, the person shall be entitled to
reasonable attorney fees, expert witness costs, and other costs necessary to
bring the cause of action.

For more information on Senate Bill 1736 and its
potential impact on Tennessee businesses, please contact James Weaver or Lana Johnston in Waller’s Government Relations practice at


Document Author: Waller Lansden Dortch & Davis LLP
Firm/Company: Waller Lansden Dortch & Davis LLP
Document Date: February 23, 2020
Search Tags: Firearms
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