TLRC position
Support
2025 · Criminal · Gun Rights
Protects gun owners from criminal trespass for carrying on restricted property.
HB 0478 / SB 0441
Bill description
Allows a person asked to leave a posted gun-free area to exit immediately or store their firearm in their vehicle.
AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 17, Part 13, relative to firearms.
Bill sponsors
House co-sponsors · 22
Jake McCalmon R, Clay Doggett R, Kip Capley R, William Slater R, Dennis Powers R, Rick Scarbrough R, Fred Atchley R, Jody Barrett R, Debra Moody R, Bud Hulsey R, Rick Eldridge R, Jay Reedy R, Chris Hurt R, Michele Reneau R, Kelly Keisling R, Timothy Hill R, Brock Martin R, Rusty Grills R, Lee Reeves R, Chris Todd R, Rush Bricken R, Greg Vital R
TLRC statement
This bill strengthens Second Amendment protections by ensuring that gun owners are not subject to criminal trespass charges simply for carrying a firearm onto private property where firearms are restricted. While property owners retain the right to prohibit firearms on their premises, this bill ensures that gun owners who comply with a request to leave or properly store their firearm are not criminally penalized.
Under current Tennessee law, individuals who carry firearms onto restricted properties—whether inadvertently or otherwise—can face criminal trespass charges even if they willingly comply with the property owner’s request to leave or secure their firearm. HB 478 / SB 441 corrects this injustice by stating that if a gun owner is asked to leave or store their firearm in their vehicle and does so immediately, they cannot be prosecuted under Tennessee’s trespassing laws.
This is an important step toward strengthening the rights of responsible gun owners while still respecting private property rights. Gun owners should not face criminal penalties simply for exercising their constitutional right to bear arms, especially when they are acting in good faith and complying with property owners’ requests.
By passing this legislation, Tennessee ensures that law-abiding firearm owners are protected from unjust prosecution, reinforcing the state’s commitment to defending the right to bear arms while maintaining property owners’ authority over their premises.