Senate Commerce and Labor Committee advances bill to bar most lease bans on tenant firearms

NASHVILLE — The Senate Commerce and Labor Committee on a voice and roll-call vote adopted a sponsor amendment and moved Senate Bill 350 to the committee on calendar after hearing the bill’s sponsor and an expert witness.

"This bill is designed to protect the fundamental rights of Tennessee renters," Senator Harshbarger said as she explained the sponsor amendment. She said the proposal would prevent landlords from using lease terms to bar lawful firearm possession, carrying and storage "inside of tenants' lease premises" and in landlord-provided parking and common areas, and that it applies prospectively.

The sponsor described carve-outs in the amendment for "premises leased to a state agency or department, Department of Safety, any entity or facility that is licensed or contracted with the Department of Mental Health and Substance Abuse Services," and for property subject to chapter 39-17-13 provisions that the sponsor said include some campus buildings and public or private school buildings.

Committee members pressed for specifics. Leader Hackberry asked whether a homeowner who rents part of a house could forbid firearms on property the owner occupies; Senator Harshbarger deferred to an expert witness for a technical reply.

Toby Meyer of T Rex Arms, called as an expert, said the bill "does say that if you do rent an apartment, then, yeah, you cannot be prevented from having a firearm in your apartment, unless you are prohibited from possessing a firearm for any other reason." Meyer also stated that both tenants and tenant guests can have a firearm in vehicles parked on the property, consistent with a referenced Tennessee Code Annotated section.

Senator Stevens asked whether the amendment’s coverage was limited to "U.R.L.T.A." properties; legal staff confirmed the amendment applies beyond U.R.L.T.A.-designated counties, according to Matt King, legal attorney for commerce (the record notes a nod by legal counsel and identification of Mr. King).

After discussion and the presentation of the amendment (drafting code 11,478), the committee adopted the amendment and voted on the bill as amended. The clerk recorded one vote as No ("Zach Berry") and eight Ayes (Senators Johnson, Reeves, Sutherland, Taylor, Watson, Yeager and Chairman Bailey were recorded as Aye; the chair stated there were eight ayes and one no). Chairman Bailey then announced that "Senate Bill 350 will move to the committee on calendar." The committee adjourned.

Next steps: Senate Bill 350 as amended will appear on the committee calendar for further consideration by the full Senate Commerce and Labor Committee or downstream scheduling as required by Senate rules.