Handgun on school property

[Guest TN45]

I live next door to school property; can I take a handgun on that property when school in not in session? For example weekends or during schools breaks?

Mike

[dralarms]

NO.

The law does not allow for "school hours".

[Guest PapaB]

39-17-1310. Affirmative defense to carrying weapons on school property. —

It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:

(1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;

(2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;

(3) A person possessing guns or knives when conducting or attending “gun and knife shows†and the program has been approved by the administrator of the educational institution; or

(4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.

[Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.]

[BrasilNuts]

I would be leary of OCing on your property if it boarders the schools as well. It's not against the law, but it could save you some trouble if a some soccer mom sees you.

[Fallguy]

NO.

The law does not allow for "school hours".

+1

Unless you would fall into 39-17-1310.

But just because the school is closed, doesn't mean it isn't a school anymore.

[creeky]

39-17-1310. Affirmative defense to carrying weapons on school property. —

It is an affirmative defense to prosecution under § 39-17-1309(a)-(d) that the person's behavior was in strict compliance with the requirements of one (1) of the following classifications:

(4) A person entering the property for the sole purpose of delivering or picking up passengers and who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle.

[Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.]

Question:

Number 4... "Who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle."

Does this allow for a holstered loaded weapon?

Example:

In the "car rider" line, dropping child off or picking them up. Driver has a loaded weapon holstered and a valid HCP. They are there for the sole purpose of picking the child up and doesn't leave the vehicle.

Is the holster considered a "retaining device"?

Just wondering out loud.

[Fallguy]

Question:

Number 4... "Who does not remove, utilize or allow to be removed or utilized any weapon from the vehicle."

Does this allow for a holstered loaded weapon?

Example:

In the "car rider" line, dropping child off or picking them up. Driver has a loaded weapon holstered and a valid HCP. They are there for the sole purpose of picking the child up and doesn't leave the vehicle.

Is the holster considered a "retaining device"?

Just wondering out loud.

I have always understood that to be legal.

Not sure a "retaining device" is required. You could have it in your pocket or just stuck in your waist band AFAIK.

[Guest db99wj]

From my understanding, car pool line, on you, not touched, looked at or thought about you are fine. If you must get out, go off campus, lock up, don't touch, don't look at it, don't think about it. The whole problem is when you touch it, everything from that point on is bad.

[Mark A]

What about if you are a teacher? I have a buddy that is in the process of getting his HCP. He asked and I couldn't give him a quick answer if he could leave it locked up in the car or not.

Thanks, Mark

[Fallguy]

What about if you are a teacher? I have a buddy that is in the process of getting his HCP. He asked and I couldn't give him a quick answer if he could leave it locked up in the car or not.

Thanks, Mark

There has been some debate on this, but many think it is legal.

From the second part of 39-17-1309©(1)

It is not an offense under this subsection © for a nonstudent adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property.

The AG seemed to confirm that in a recent opinion about park carry where school activites may be taking place.

From the Analysis of AG Opinon 09-129

Reading Tenn. Code Ann. §39-17-1309 together with Chapter 428 indicates that the

legislature intended to allow handgun carry permit holders to carry their firearms into public

parks except onto athletic fields and into other recreation areas at times when they are actually being used by schools. 5

5 At such times, non-student permit holders would be permitted to keep their firearms in their automobiles as long as the vehicle was operated by the permit holder, and the firearm was not handled by the permit holder or any other person. Tenn. Code Ann. § 39-11-1309©.

So the real question would be whether the school had a policy against it or not. If they do, while it may not be illegal for him to keep it in his car, it could cause other problems.

Edited August 31, 2009 by Fallguy

[Mark A]

Thanks, this is pretty much where I got a bit confused. I didn't know if it had been knocked around or not.

[Guest Patty]

The answer about the school teacher, and it in his car or truck, is no. Not allowed.

[Fallguy]

The answer about the school teacher, and it in his car or truck, is no. Not allowed.

How do you figure that?

[Guest 270win]

It does not seem illegal to POSSESS a firearm in a car that is parked on school property at anytime...because the law does state that it is NOT AN OFFENSE for a nonstudent adult to possess a firearm in the vehicle if it is not handled. I would assume that if you really want to cover your bases and you are not dropping off/picking up passengers...such as going to a school ball game....have the handgun unloaded before going on school property and put in the trunk...because then you are just possessing in the vehicle and there is no way anyone can say you are intending to go armed....again it is hard for anyone to say you are 'intending to go armed' when you are at the football game and your gun is loaded in a locked glovebox in a locked car....again that could be just possession..which is legal....but if worried about parking at a school for a length of time for say a ball game...unload it before entering school property and put in the trunk then you are definately legal.

[Guest db99wj]

Mine gets locked in the console.

[Guest ADAM]

What about if you are a teacher? I have a buddy that is in the process of getting his HCP. He asked and I couldn't give him a quick answer if he could leave it locked up in the car or not.

Thanks, Mark

lock your car and be quite and nobody will know it is there, but as of now it is illegal. to many grey areas about this regulation

[Fallguy]

lock your car and be quite and nobody will know it is there, but as of now it is illegal. to many grey areas about this regulation

Not to grey to the AG...

At such times, non-student permit holders would be permitted to keep their firearms in their automobiles as long as the vehicle was operated by the permit holder, and the firearm was not handled by the permit holder or any other person. Tenn. Code Ann. § 39-11-1309©.

[Guest Patty]

Not to grey to the AG...

It appears that you only posted a part of a sub section. I would like to know how you can operate a vehicle, if it is locked and you are not inside of it. There, " is the difference". Its not if you own the vehicle, you must be operating a vehicle. Could be mine, yours or a rental.

[Fallguy]

It appears that you only posted a part of a sub section. I would like to know how you can operate a vehicle, if it is locked and you are not inside of it. There, " is the difference". Its not if you own the vehicle, you must be operating a vehicle. Could be mine, yours or a rental.

I did...the AG was talking about if you were at a park where a school event was taking place, that you could leave your handgun in your vehicle. The entire opinion is basically saying that a public park being used for a school activity becomes the same as being school property. Then he cites 39-17-1309© as what would allow a HCP holder to secure their handgun in their vehicle.

You don't have to be literally driving the vehicle to be operating it or considered the operator.

But I'm not telling anyone what to do, however I will say I have left my handgun secure in my vehicle on school property many times and will continue to do so and I don't fear any prosecution.

[Guest Patty]

Yes, yes you do have to, be inside.

[Guest Patty]

A public park, and being on school property are not the same.

[Fallguy]

A public park, and being on school property are not the same.

The AG says it is when the park is being used for a school activity.

...and again he cites the law that deals with school 39-17-1309© not the park law 39-17-1311 when he says the handgun can be secure in the vehicle.

[Guest Patty]

Then in that case, you are required to stay with the vehicle. Just like you are suppose to on school grounds.

Edited September 6, 2009 by Patty

[Fallguy]

The law that says it is ok for you to remained armed (even on your person) while dropping off or picking up students is a different one, it is 39-17-1310.

But let me ask you this, if a handgun is left in a vehicle, but no one is in it (operating it) who could be charged with possession of the handgun then?

[Guest Patty]

If its your car, and your gun. You would be charged. But you might be charged with a different crime than possession.