Tennessee § 39-17-1313 - Transporting and storing a firearm or firearm ammunition in permit holder's motor vehicle.

§ 39-17-1313. Transporting and storing a firearm or firearm ammunition in permit holder's motor vehicle.

Notwithstanding any provision of 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 by an enhanced handgun carry permit holder or concealed handgun carry permit holder, the holder of a valid enhanced handgun carry permit or concealed handgun carry permit recognized in Tennessee may, unless expressly prohibited by federal law, transport and store a firearm or firearm ammunition in the permit holder's motor vehicle, as defined in § 55-1-103, while on or utilizing any public or private parking area if: The permit holder's motor vehicle is parked in a location where it is permitted to be; and The firearm or ammunition being transported or stored in the motor vehicle: Is kept from ordinary observation if the permit holder is in the motor vehicle; or 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 such motor vehicle if the permit holder is not in the motor vehicle. 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 the holder of a valid handgun carry permit in the permit holder's motor vehicle 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 the holder of a valid handgun carry permit in the permit holder's motor vehicle. For purposes of this section: “Motor vehicle” means any motor vehicle as defined in § 55-1-103, which is in the lawful possession of the permit holder, 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 “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 “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. An enhanced handgun carry permit holder or concealed handgun carry permit holder 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 enhanced handgun carry permit holder or concealed handgun carry permit holder securing the firearm or firearm ammunition from observation in or on a motor vehicle. Acts 2013, ch. 16, § 1; 2014, ch. 498, § 1; 2014, ch. 505, §§ 1-6; 2014, ch. 768, § 1; 2019, ch. 479, §§ 8, 9. Compiler's Notes. For the Preamble to the act concerning handgun carry permits, please refer to Acts 2013, ch. 16. Amendments. The 2019 amendment, effective January 1, 2020, in (a), substituted “valid enhanced handgun carry permit or concealed handgun carry permit” for “valid handgun carry permit”; and substituted “enhanced handgun carry permit holder or concealed handgun carry permit holder” for “handgun carry permit holder” in (a) and twice in (d). Effective Dates. Acts 2019, ch. 479, § 22. January 1, 2020. Law Reviews. Guns in Trunks: An Erosion of Tennessee's Employment-At-Will Rule?, 49 Tenn. B.J. 17 (2013). Attorney General Opinions. Possession of firearms and firearm ammunition on school property; construction of T.C.A.§§ 39-17-1313 and 39-17-1309 . OAG 13-15, 2013 Tenn. AG LEXIS 14 (2/22/13). Employee’s possession of firearms and firearm ammunition on employer property. OAG 13-41, 2013 Tenn. AG LEXIS 42 (5/28/13). Constitutionality of firearms-in-parking-lots statute on vagueness grounds. OAG 14-87, 2014 Tenn. AG LEXIS 90 (9/18/14). To the extent T.C.A. §§ 39-17-1309 and 39-17-1313 (2013) are in conflict, the provisions of 39-17-1313 (2013) take precedence over the conflicting provisions of § 39-17-1309 . After the 2014 amendments to T.C.A. § 39-17-1313, T.C.A. § 39-17-1313 still takes priority over prohibitions on gun storage in T.C.A. §§ 39-17-1309, 39-17-1311 , and 39-17-1359 . The phrase “or while in use by,” in the context of T.C.A. § 39-17-1309 as a whole, applies even when students or school personnel are not present on the property. Thus, gun possession would be prohibited on property used to store equipment or supplies by an educational institution specified in the statute. OAG 16-29, 2016 Tenn. AG LEXIS 29 (7/27/2016).