The primary basis for this disagreement comes down to the difference in how the two opinions interpret the interplay between two criminal statutes: T.C.A. §39-17-1313 (the statute authorizing guns in trunks) and § 39-17-1359 (the statute that allows property owners to prohibit weapons on their property and makes it a criminal offense for even a permit holder to have a weapon on a property that is displaying appropriate signs prohibiting weapons). The key issue involves an amendment to T.C.A. §39-17-1359, which added the following language “except as provided in T.C.A. § 39-17-1313.” Both opinions agree that based on this language, it is no longer a crime for a permit holder to have a gun in his or her trunk even if the vehicle is parked on property that is posted as prohibiting weapons.

When an employer’s property has been properly “posted,” possession of a firearm is a crime. Under the law, the sign prohibiting weapons must contain all of the following: the phrase “NO FIREARMS ALLOWED,” which must be at least one-inch high and eight inches wide; the words “As authorized by T.C.A. § 39-17-1359” (in any size as long as it is “plainly visible”); and a picture of a firearm inside a circle with a slash symbol over the firearm, at least 4 inches high and 4 inches wide with the diagonal slash at a 45-degree angle from the lower right to the upper left of the circle. Tennessee has now adopted an alternative to a complete ban on firearms in the workplace.

Gun violence and gun control are hot topics here in Tennessee. We have been hearing from folks asking: how can I prohibit firearms in my restaurant, bar or other Tennessee business?Tennessee businesses can prohibit the legal carrying of firearms by posting signs that state “NO FIREARMS ALLOWED” in letters that are at least one inch high and eight inches wide. Updated in 2017, the law also requires that the sign state: “As authorized by T.C.A. §39-17-1359.” And if that’s not enough, the sign also has to include the universal “No Handgun” sign, inside a circle at least four inches in diameter.Here is a sample:We find ourselves humming Lynyrd Skynyrd’s Saturday Night Special.Mr. Saturday night specialGot a barrel that’s blue and coldAin’t good for nothin’But put a man six feet in a holeOh, it’s the Saturday night special, for twenty dollars you can buy yourself one tooKeep in mind that law enforcement officers may still carry firearms, regardless of sign postings.Businesses must post the sign at every public entrance to the business. We recommend that the signs be posted at patios, backdoors and other portals that could arguably be considered a public entrance. If you want to prohibit guns, better safe than sorry.Carrying a gun on a property with proper signage is a misdemeanor that carries a fine of up to $500.

Effective July 1, 2021, Tennessee’s Constitution Carry law allows individuals over the age of 21 (or military members between ages 18 to 20) to carry a firearm, both concealed and open, with or without a carry permit. However, this new law does not impact a private Tennessee business’ right to prohibit the possession of weapons on its property, including possession by employees; provided, the business displays the required notice outlined in T.C.A. Section 39-17-1359 and permits individuals to store the firearm within his or her vehicle under Tennessee’s Guns in Trunks law (T.C.A. Section 39-17-1313).As a refresher, Tennessee’s Guns in Trunks law allows individuals to transport and store a firearm or firearm ammunition in the person’s motor vehicle while on or utilizing any public or private parking area if the following is true:The person’s motor vehicle is parked in a location where the motor vehicle is permitted to be.The firearm or ammunition being transported or stored in the motor vehicle is kept from ordinary observation if the person is in the vehicle, or if the person is not in the vehicle, is kept from ordinary observation and locked within the trunk, glove box, or interior of the person’s vehicle or a container securely affixed to the vehicle.

Now, both the wording and symbol must be used. The new sign must contain: the phrase, “No Firearms Allowed,” at least one inch high and eight inches wide; the words “As authorized by T.C.A. §39-17-1359” (in any size as long as it is “plainly visible”); and a picture of a firearm inside a circle with a slash symbol over the firearm, at least 4 inches high and 4 inches wide with the diagonal slash at a 45 degree angle from the lower right to the upper left of the circle.

Read together, the two laws and the Attorney General’s opinion should allow an employer to prohibit anyone from bringing weapons into the employer’s buildings and should allow an employer to prohibit employees from bringing guns onto the employer’s property at all—including the parking lot (provided the necessary signs are posted at the entrance to the parking lot). Tennessee law describes two acceptable forms of the notice:(1) the internationally recognized circle and slash sign with the prohibiteditem(s) in the circle, or (2) a notice stating:“AS AUTHORIZED BY T.C.A. § 39-17-1359, POSSESSION OF A WEAPON ON POSTED PROPERTY OR IN A POSTED BUILDING IS PROHIBITED AND IS A CRIMINAL OFFENSE.” The Attorney General also determined that the new law allows a handgun permit holder to transport and store a firearm only in the permit holder’s “privately-owned motor vehicle,” which does not include a vehicle leased, rented, or borrowed by the permit holder.