NO GUNS IN THE VILLAGE FACILITIES
POA BOARD POLICY STATEMENT REGARDING THE
POSSESSION OF HANDGUNS ON TELLICO VILLAGE COMMON
PROPERTIES
The POA Board has received a number of
property owner comments and questions regarding the
possession of handguns on Tellico Village common
properties in light of recent changes in Tennessee law.
The Board has spent a great deal of time evaluating this
important issue and interpreting the applicable
provisions of Tennessee law and the POA governing
documents. The Board’s primary objectives in this
evaluation are to ensure that the POA is in compliance
with Tennessee law and the POA’s governing documents and
to continue to foster property owners’ use and enjoyment
of the POA’s common property facilities.
To begin with, on July 1, 2021, the
Tennessee Legislature adopted what is known as the
permitless carry law, which generally allows adults to
carry a handgun, either openly or concealed, without a
permit at most public and private properties.
Specifically, Tenn. Code Ann. § 39-17-1307 was amended
to create an exception to handgun permit requirements by
permitting a person to carry a handgun, either openly or
concealed, if the person is: a) at least twenty-one (21)
years of age (or eighteen (18) years of age and a
veteran or honorably discharged from the United States
armed forces); b) the person lawfully possesses the
handgun and c) the person is in a place where the person
is lawfully present (e.g., trespass is not a lawful
presence).
However, despite the advent of permitless
carry law in Tennessee, property owners are still
authorized under existing law to prohibit the possession
of handguns on private properties. Specifically, Tenn.
Code Ann. § 39-17-1359 broadly authorizes corporations
(both for profit and non-profit), such as the POA, to
prohibit the possession of handguns on private
properties by posting particular notice signage in
prominent locations, including all entrances primarily
used by persons entering the property. The notice
signage must expressly state “No Firearms Allowed” and
must include a pictorial representation of a firearm
inside a circle and located under a diagonal line.
Aside from Tennessee statutory
provisions, the POA governing documents have also been
taken into consideration. Pursuant to Article X of the
Declaration of Covenants and Restrictions for Tellico
Village, the POA is charged with promoting the
recreation, health, safety, and welfare of property
owners related to the use and enjoyment of the common
properties and the improvements situated thereon.
Accordingly, Article VIII of the Declaration broadly
authorizes the POA to create rules and regulations
regarding the use of the POA’s common property
facilities to enhance the property owners’ use and
enjoyment thereof.
Based upon its authority set forth in the
foregoing provisions of Tennessee law and the POA
governing documents, the POA Board has determined that
the possession of handguns on Tellico Village common
properties shall be prohibited. The POA intends to
proceed with placing notice signage on prominent
locations of all POA common property facilities in
accordance with the requirements set forth in Tenn. Code
Ann. § 39-17-1359.