Private property owners generally have the right to prohibit firearms on the premises if they so choose, but that right could soon be curtailed in Tennessee, at least when it comes to landlords.
According to a recent report by Rental Housing Journal, only four states have laws on the books that regulate what landlords may or may not do when it comes to tenants and guns. Of the four, the Journal says that Tennessee is the only one that outright allows landlords to ban the possession of firearms, even for lawful gun owners.
HB 469 and SB 350 would upend the status quo and bar landlords from prohibiting a tenant “lawfully possessing, carrying, transporting, or storing a firearm, any part of a firearm, or firearm ammunition in the tenant’s home or apartment” as well as a tenant’s vehicle located in a parking area provided for tenants or tenants’ guests and “other locations controlled by the landlord necessary to enter or exit any such location in leases.”
The bill was amended, however, on the floor of the House to allow landlords to prohibit guests of the tenants from lawfully carrying on the premises. The amendment also removed language that would have applied to business space leased or rented to tenants, and explicitly exempts facilities “licensed, regulated, or contracted with the department of children’s services; a hospital; a nursing home, home for the aged, adult care home, assisted care living facility, or memory care facility; an independent living facility, with respect to any residence or dwelling unit that opens directly into an interior corridor or common area that serves as a means of entry or exit to a nursing home, home for the aged, adult care home, assisted care living facility, or memory care facility.”
HB 469 was approved on a 72-22 vote on Monday by the House of Representatives, but the bill needs to go back for a concurrence vote in the Senate before it can head to Gov. Bill Lee for his signature. The upper chamber approved SB 350 on a 27-5 vote last month, but it’s unclear at the moment how many senators will go along with the watered-down version of the legislation.
Even in its current state the legislation would be a big step in the right direction, especially given how many folks have been priced out of home ownership in recent years. About 70% of Tennesseans own their residence, but that still means that almost 1-in-3 adults could be positively impacted by HB 469 if it becomes law.
Under the bill, landlords can require tenants to transport a firearm between a vehicle and the tenant’s residence only if the firearm is concealed, holstered or stored in a carrying container. Landlords can also require firearms to remain concealed, holstered or in a container when tenants are in common areas such as hallways or elevators, according to the bill.
I much prefer the unamended version of HB 469/SB 350, and I’m curious about why the House decided to weaken the bill and allow landlords to bar lawful firearm possession in spaces leased for business purposes, as well as removing the original language that protected not only tenants but their guests as well. It seems silly to me that someone who lives in an apartment complex would be allowed to keep guns in their home, but any and all visitors who can legally carry a firearm could be prohibited from coming inside.
The House version is better than nothing, but I wouldn’t be too upset if the Senate rejects the changes and the legislation ends up in a conference committee in an attempt to find language both chambers can live with.
Editor’s Note: The mainstream media continues to lie about gun owners and the Second Amendment.
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