Jump to content

Handgun on school property


Guest TN45

Recommended Posts

i had an event at the elementary school here last week. it was friday, donuts for dads, where you can go get juice and a donut with your kid before school, they pay for it from the pta funds.

so im sitting there about to take him to class, and low and behold, an armed police officer walked in with his kid and sat down for donuts and juice. talk about a double standard huh.

i thought about calling the local PD and raising hell, but i figured it was not worth my time.

Link to comment
  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Guest mikedwood

Good job of laying it out Fallguy.

My understanding is that:

When they 1st had HCP in Tennesse if you were driving though a school zone carrying you were breaking the law. Not the school itself even. The zone where you have to slow down to 20 mph or whatever.

Then they changed the law to make it where that was legal (cause it was ridiculous) to drive through a school zone.

They also made it where you can pick up a child from school and not worry about having to unholster. As long as the gun is secure on your person and no one is monkeying with it.

They also had the foresight to make it where if you were carrying and your precious little angel was sick or for some reason you had to enter the school. You wouldn't have to take the gun home 1st or leave it somewhere else. Unload it off school property and lock it up, probably the ammo locked in a seperate place from the firearm. Then you can enter school property and as a result of being unarmed the school itself.

All that said, I try my best to stay away from schools.

Link to comment
i had an event at the elementary school here last week. it was friday, donuts for dads, where you can go get juice and a donut with your kid before school, they pay for it from the pta funds.

so im sitting there about to take him to class, and low and behold, an armed police officer walked in with his kid and sat down for donuts and juice. talk about a double standard huh.

i thought about calling the local PD and raising hell, but i figured it was not worth my time.

Excuse me Sir, are you here as a parent or are you here on Police Business. Would you mind removing your weapon from the school property, now. Or do I need to call the dispatcher now. Just loud enough to be heard all over the room.

Link to comment
Good job of laying it out Fallguy.

My understanding is that:

When they 1st had HCP in Tennesse if you were driving though a school zone carrying you were breaking the law. Not the school itself even. The zone where you have to slow down to 20 mph or whatever.

Then they changed the law to make it where that was legal (cause it was ridiculous) to drive through a school zone.

They also made it where you can pick up a child from school and not worry about having to unholster. As long as the gun is secure on your person and no one is monkeying with it.

They also had the foresight to make it where if you were carrying and your precious little angel was sick or for some reason you had to enter the school. You wouldn't have to take the gun home 1st or leave it somewhere else. Unload it off school property and lock it up, probably the ammo locked in a seperate place from the firearm. Then you can enter school property and as a result of being unarmed the school itself.

All that said, I try my best to stay away from schools.

They make jail cells big enough for two people at a time., lol

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

How can they prove who the gun belongs to? Remember, there is no firearms registration in TN.

So what other charge could there be?

Link to comment
i had an event at the elementary school here last week. it was friday, donuts for dads, where you can go get juice and a donut with your kid before school, they pay for it from the pta funds.

so im sitting there about to take him to class, and low and behold, an armed police officer walked in with his kid and sat down for donuts and juice. talk about a double standard huh.

i thought about calling the local PD and raising hell, but i figured it was not worth my time.

As long as the officer informed the principal, or if he was unvailable, someone in the office, he was 100% legal.

Link to comment
Guest Mugster
How can they prove who the gun belongs to? Remember, there is no firearms registration in TN.

So what other charge could there be?

Trespassing and resisting arrest with your gun seized?

I'm just tossing some fuel on the fire, I don't really have a dog in the fight.

Link to comment
Trespassing and resisting arrest with your gun seized?

I'm just tossing some fuel on the fire, I don't really have a dog in the fight.

Huh, If you are at school for the ball game, to see your child's teacher or the like, how are you trespassing?

Resiting arrest by the fact there is a weapon in your vehicle?

If the gun is seized, you may have to prove it is yours to get it back, but I grant the gun being in your vehicle, it's yours whether it really is or not.

Wrong fuel for this fire.....;)

Link to comment
I am not sure, of which. What charge would you plea out to.

First I'm not sure how anyone would ever know there was a handgun in my vehicle in the first place.

But if somehow it was discovered and I was charged (which is not a certainty), I would not plead guilty to anything.

Link to comment
I am not sure, of which. What charge would you plea out to.

Intent to go disarmed.

Improvised non-explosive device.

Actually you can't cop a plea until you're charged with something.

You're really trying to find a problem within a solution that already exists.

- OS

Link to comment

FWIW

I can not find a case on the TN Courts website that specifically deals with this.

Also I think there was a bill introduced to clarify this, but I believe Rep West was the sponsor and it was one of the bills delayed because of his health.

A simple solution to this, parks, employer's parking lots and so on, would be to simply make the possession of weapon in your car the same as being in your home. ;)

Link to comment
Intent to go disarmed.

Improvised non-explosive device.

Actually you can't cop a plea until you're charged with something.

You're really trying to find a problem within a solution that already exists.

- OS

Thats what I said. And the solution would be to avoid the problem in the first place. And what was being suggested was not a solution.

Link to comment
Isn't it clearly illegal now, lol

Not to me..

All it really seems to be changing is the fact you can leave it in any private vehicle and not just one operated (not necessarily currently operating) by you.

It also adds it as an exception instead of saying "it is not an offense".

Edited by Fallguy
Link to comment
Guest Mugster

Seems like there was a ruckus where one guy threatened another guy with a knife on school property. So the guy that got threatened showed knifeboy his gun and knifeboy drove off. Seems like gunboy called the cops after knifeboy left and got prosecuted for something. I can't remember what that something was though.

I looked for the thread but couldn't find it. Seems like that incident might throw some light on this thing. The laws are still the same I think.

Link to comment
Seems like there was a ruckus where one guy threatened another guy with a knife on school property. So the guy that got threatened showed knifeboy his gun and knifeboy drove off. Seems like gunboy called the cops after knifeboy left and got prosecuted for something. I can't remember what that something was though.

I looked for the thread but couldn't find it. Seems like that incident might throw some light on this thing. The laws are still the same I think.

Once he touched his gun, he was no longer covered by the law I have cited. So that is why it doesn't directly address the issue we are discussing now.

However he claimed self-defense and the original trial judge agreed and dismissed the charged based on 39-17-1322.

However the state appealed saying the trial judge could not determine it was self-defense at a pre-trial hearing.

The appellate court agreed and submitted the case back for trial.

He later was convicted, not sure of what now. Main reason is the guy with gun said in the trial he just retrieved the handgun and never actually displayed it or used in self-defense. The trial judge actually said had he used it or displayed it in self-defense he probably would not have been guilty. But this case has more to do with 39-17-1322 and not so much 39-17-1309.

Link to comment
Guest Mugster

Update.

Actually, I think it is topical. He was convicted of 39-13-1309(:rolleyes:(1). Here's a quote I found in an opinion piece from woodall, the judge in the case:

"For Appellee to be found guilty as charged, the State would be required to prove beyond a reasonable doubt, that Appellee knowingly possessed or carried, with the intent to go armed, and whether openly or concealed, any firearm on a public or private school grounds."

And remember the handgun was not loaded (or at least thats what the guy said). It could be the jury didn't believe that.

Since he was found guilty, the guilty verdict had nothing to do with the incident with the knife fighter. IE, he would have been found guilty if it hadn't happened.

So the only question in my mind as to what is legal is exactly what constitutes possession or intent to go armed. If we apply the same rules for "intent to go armed" as when you are driving to the range or something, no ammo or separately locked up ammo or a disabled gun (in theory) removes "intent to go armed". But in this case that didn't keep the guy out of anger management training. Based on this verdict, a non-functional weapon is not a defense, or at least an effective one, for intent to go armed. I did not see if he had ammo in the car or they didn't elaborate.

Thankfully, I have an HCP for driving down the road and they included long guns. This had been one of my worst fears in the last 5-10 years or so. This may now be your only defense from an aggressive DA or police.

I also do not know if a functional loaded weapon locked in the trunk constitutes possession. Thats really the only thing at issue here, imo.

Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

TRADING POST NOTICE

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions.

TGO makes no claims, guarantees or assurances regarding any such transactions.

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

TNGunOwners.com (TGO) is not a lobbying organization and has no affiliation with any lobbying organizations.  Beware of scammers using the Tennessee Gun Owners name, purporting to be Pro-2A lobbying organizations!

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.