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Sample Fire Department Firearms On-Duty Policy (11/28/2017).
This is a sample policy to serve as a template for a specific policy based on local needs. In October of 1996, the Department of Safety began issuing handgun carry permits pursuant to T.C.A. § 39-17-1351. While Tennessee allows persons with a valid handgun carry permit to carry handguns in places where they are not otherwise prohibited by law, an employer has the right to set policy for the workplace. There is debate on this issue, but the consensus of most municipal governments is to prohibit guns in the workplace except for commissioned law enforcement officers and similar employees with a need to go armed in the performance of their duties.
Tennessee’s “guns in trunks” law allows valid permit holders to bring and store firearms and ammunition “in the permit holder's motor vehicle” in compliance with the law. However, the law provides no protection to a valid permit holder if the firearm is not stored and maintained in strict compliance with the requirements of the law. This means that any employee who stores the firearm in a manner that is inconsistent with the law can be disciplined.
Even though Tennessee law may allow an employer to permit an employee with a handgun carry permit to carry a firearm at work, there are other laws and risks that affect such a decision. The first is the TOSHA/OSHA General Duty Clause, which requires an employer to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” Workplace violence is a foreseeable recognized hazard that can be exacerbated by the presence of a firearm. Though T.C.A. § 50-3-201(d) states that a decision not to post property pursuant to T.C.A. § 39-17-1359, thereby allowing persons with handgun permits to carry a handgun on such property, does not constitute an occupational safety and health hazard within the jurisdiction of this chapter, TOSHA has stated that they will make such decisions on a case-by-case basis.
The second is Worker’s Compensation. An employer may be liable for Worker’s Compensation benefits for injuries arising to an employee out of a firearm-related incident in the workplace.
The third is risk. Though T.C.A. § 39-17-1313(b) limits liability, an employer may face negligence claims from a third-party. For example, an injured party from an incident involving a firearm in the workplace could claim the employer was negligent in the hiring, supervision, and/or retention of the employee with the firearm.
MTAS recommends that municipalities not allow employees, including volunteer firefighters, to carry firearms while on duty. Before making a decision or setting policy, municipalities contemplating this issue should consult with the city attorney and contact their insurance carrier. Most general liability insurance policies specifically exclude intentional acts from coverage, and it is likely the insurance carrier will refuse coverage if the employer allows permit holders to bring firearms into the workplace.
Carrying Firearms On-Duty
PURPOSE AND SCOPE
The purpose of this policy is to promote the safety of all members by restricting the possession of firearms in the workplace consistent with Tennessee law. This policy applies to all members of the <Anytown> Fire Department.
POLICY