§ 39-17-1313 — Transporting and storing a firearm or firearm ammunition in motor vehicle by permit holder or one who lawfully carries a handgun

Tennessee § 39-17-1313

• Jurisdiction: Tennessee
• Title: 39

Text

(a) Notwithstanding any law or any ordinance or resolution adopted by the governing body of a city, county, or metropolitan government, including any ordinance or resolution enacted before April 8, 1986, that prohibits or regulates the possession, transportation, or storage of a firearm or firearm ammunition, a person who has a valid enhanced handgun carry permit or concealed handgun carry permit or who lawfully carries a handgun pursuant to § 39-17-1307(g) may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the person's motor vehicle, as defined in § 55-1-103 , while on or utilizing any public or private parking area if: (1) The person's motor vehicle is parked in a location where the motor vehicle is permitted to be; and (2) The firearm or ammunition being transported or stored in the motor vehicle: (A) Is kept from ordinary observation if the person is in the motor vehicle; or (B) Is kept from ordinary observation and locked within the trunk, glove box, or interior of the person's motor vehicle or a container securely affixed to the motor vehicle if the person is not in the motor vehicle. (b) No business entity, public or private employer, or the owner, manager, or legal possessor of the property shall be held liable in any civil action for damages, injuries or death resulting from or arising out of another's actions involving a firearm or ammunition transported or stored by a person in a person's motor vehicle pursuant to subsection (a) unless the business entity, public or private employer, or the owner, manager, or legal possessor of the property commits an offense involving the use of the stored firearm or ammunition or intentionally solicits or procures the conduct resulting in the damage, injury or death. Nor shall a business entity, public or private employer, or the owner, manager, or legal possessor of the property be responsible for the theft of a firearm or ammunition stored by a person in a person's motor vehicle pursuant to subsection (a). (c) For purposes of this section: (1) "Motor vehicle" means any motor vehicle as defined in § 55-1-103 , which is in the lawful possession of the person, but does not include any motor vehicle which is owned or leased by a governmental or business entity and that is provided by such entity to an employee for use during the course of employment if the entity has adopted a written policy prohibiting firearms or ammunition not required for employment within the entity's motor vehicles; and (2) (A) "Parking area" means any property provided by a business entity, public or private employer, or the owner, manager, or legal possessor of the property for the purpose of permitting its invitees, customers, clients or employees to park privately owned motor vehicles; and (B) "Parking area" does not include the grounds or property of an owner-occupied, single-family detached residence, or a tenant-occupied single-family detached residence. (d) A person transporting, storing or both transporting and storing a firearm or firearm ammunition in accordance with this section does not violate this section if the firearm or firearm ammunition is observed by another person or security device during the ordinary course of the person securing the firearm or firearm ammunition from observation in or on a motor vehicle.

Legislative History

Amended by 2021 Tenn. Acts, ch. 108, Secs.s3, s4, s5 eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 108, s 2, eff. 7/1/2021. Amended by 2019 Tenn. Acts, ch. 479, s 9, eff. 1/1/2020. Amended by 2019 Tenn. Acts, ch. 479, s 8, eff. 1/1/2020. Amended by 2014 Tenn. Acts, ch. 768, s 1, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 505, s 1, eff. 5/1/2014. Amended by 2014 Tenn. Acts, ch. 498, s 1, eff. 5/1/2014. Added by 2013 Tenn. Acts, ch. 16, s 1, eff. 7/1/2013.