Daycare

[JeepKuntry]

My searches are coming up empty. Anybody know if it is legal to conceal and check in/out a child from daycare? It is not posted.

[dralarms]

If it’s not on school property or other restricted area then you should be fine. 

[mike243]

make sure they don't have the front door posted,some are treated as if they were a school

[DaveTN]

Its illegal if day care is considered school, or if the daycare is on school property. It is banned in both public and private schools and school grounds. With an HCP you can have a gun in the car while picking up and dropping off, but you can’t handle it while on school property.

Here is a link to the law, so you can see what you think…

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=3415f0fe-98d0-480b-a2de-3cdb4612b7e4&nodeid=ABNAAOAANAAJ&nodepath=%2FROOT%2FABN%2FABNAAO%2FABNAAOAAN%2FABNAAOAANAAJ&level=4&haschildren=&populated=false&title=39-17-1309.+Carrying+weapons+on+school+property.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A50J2-V4S0-R03M-D4G5-00008-00&ecomp=k357kkk&prid=f25dff4a-191d-47fa-88c8-4efab811c8d6

[macville]

2 hours ago, DaveTN said:

Its illegal if day care is considered school, or if the daycare is on school property. It is banned in both public and private schools and school grounds. With an HCP you can have a gun in the car while picking up and dropping off, but you can’t handle it while on school property.

Here is a link to the law, so you can see what you think…

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=3415f0fe-98d0-480b-a2de-3cdb4612b7e4&nodeid=ABNAAOAANAAJ&nodepath=%2FROOT%2FABN%2FABNAAO%2FABNAAOAAN%2FABNAAOAANAAJ&level=4&haschildren=&populated=false&title=39-17-1309.+Carrying+weapons+on+school+property.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A50J2-V4S0-R03M-D4G5-00008-00&ecomp=k357kkk&prid=f25dff4a-191d-47fa-88c8-4efab811c8d6

The law changed two years ago. Private K-College can allow carry. It's not automatic, but I would say 99.9% of them have no clue that they were supposed to decide one way or another after the law passed. The issue is, if they ban, they are supposed to post, but 99.9% didn't know they were supposed to post before the law. Considering how the carrying where alcohol is served law was stuck down after first being passed for being constitutionally vague, I would think that if you were caught on private school property that wasn't posted and arrested you would have a good case because they were supposed to notify you by posting that carry was not legal. It's really something that should be fixed next session by slipping a very minor revision to to make it totally legal unless posted.

[chances R]

School property is automatically illegal to carry, but MAY permit carry.  If permitted, no signs have to be posted and all personnel, students and parents have to be informed of the policy.  

[DaveTN]

39-17-1309 outlaws carrying at schools and on school grounds.

49-50-803 allows private K-12 schools to adopt a handgun carry policy. It gives specific instructions on how that is done and contains this statement: “If a private K-12 school does not adopt a handgun carry policy in accordance with subsection (a), then the carrying or possession of a firearm is prohibited in accordance with § 39-17-1309.”

49-7-161 is basically the same for private institutions of higher education and contains the statement: “If a private institution does not adopt a handgun carry policy in accordance with subsection (a), then the carrying or possession of a firearm is prohibited in accordance with § 39-17-1309.”

So it appears to me a pre-school falls under 39-17-1309. A private school K and above could fall under one of the other statutes but the parents should know that because they would have been given a written copy of the policy.

However, anyone concerned about this needs to either read all the pertinent laws, ask the school administration, or the school Police Officer. These can be serious charges and can be very expensive to defend yourself. This is more than carrying past a sign. It won’t matter what you read somewhere.

All the laws for Tennessee are available on Lexis at the link I put in my post above.

 

Edited March 23, 2019 by DaveTN

[300winmag]

A regular privately owned free standing daycare should be legal.  If the location is a school, then you probably can't carry there legally.  You should thank the pro gun NRA endorsed Republican legislators in Nashville for complicating that since they can't seem to make it easier for people with a handgun carry permit by cutting location restrictions.   Instead, they are working on a slightly less expensive handgun carry permit option for people.

Edited March 23, 2019 by 300winmag