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Tony Casey • Jul 9, 2016 at 4:43 PM
State Rep. Micah Van Huss wants to know where firearms are and aren’t allowed.
That’s why he sponsored House Bill 682, which went into effect July 1. This bill was signed into law with not-often-seen bipartisan support in the Tennessee General Assembly, and clarifies through signage whether guns are allowed in a certain location.
“It’s my brainchild,” Van Huss said about the origin of HB682.
The mall in Kingsport, Van Huss said, had a “no firearms allowed” sign posted near its entrance, but it wasn’t large or clear enough for Van Huss’ liking.
“It was about the size of a baseball,” the Jonesborough Republican said.
From that, he sponsored this bill, which would act to amend the Tennessee State Code, specifically Section 39-17-1359(b), to rewrite the minimum requirements for phrases and symbols on signs prohibiting firearms in certain places open to the public.
Van Huss said the signage has to be placed at the entrance of businesses and other eligible buildings and clearly state that guns are not allowed, at least including the phrase “NO FIREARMS ALLOWED.” The size requirement, including both words and a pictorial representation of a red circle, containing a black firearm, with a red diagonal line through it all, amounts to about 8 inches by 11 inches.
If a business were not to post the proper signage, Van Huss said citizens could assume it’s open-carry friendly.
A big piece of this issue that’s most important to Van Huss and other gun advocates across the state is what happens in the event a business disallows firearms and a person is breaking that rule.
With this signage in full display, Van Huss said it’s only fair that the person openly carrying their firearm be asked to leave. If they were to refuse, it shouldn’t result in an arrest and a trip to jail, but a less-serious citation.
Nashville-based attorney John I. Harris, the executive director of the Tennessee Firearm Association, praises Van Huss as being “very strong on Second Amendment issues.” He said this topic is often up for discussion with gun advocates, with many of them reporting back to him about the businesses where guns are and aren’t allowed.
One of his biggest contentions with this kind of signage has been that it’s very clear that shirts and shoes are mandated to receive service and that smoking is prohibited, but the same clarity isn’t seen with the topic of guns.
And there could be an intentional reason for that, Harris said, as the bottom lines of these business owners could be at the center of the policy. Also, which groups of clients might be in town at a given time could affect the display as well.
He proposed a possible scenario based on what he’s seen in Tennessee.
“Imagine you’ve got the NRA coming to town, where you have restaurants being in the business of making money,” he said. “They might take their signs down and then there’s a feeding frenzy. Maybe the next week, the Muslims have a convention and come in, and with the scare in Tennessee, they put the signs back up.”
Harris said he supports a private business’ right to use its own discretion and make those decisions, though he admits the Supreme Court disagrees.
Either way, he said Van Huss’ bill moves gun rights in the right direction.
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