Is concealed carry in places of worship legal in Tennessee?

[Fallguy]

Please note that I am NOT giving a legal opinion, just pointing out what the latest Attorney General Opinion has said. Personally, the language "owned, used or operated by" gives me a little concern over the AG's opinion, but the AG opinion appears to indicate the following:

If the property is not owned or operated by a school, then the prohibition applies only when the school is "using" (note the difference from the "used" in the statute) the property. It does on to say that not ALL of the property would be off limits, either.

http://www.tba2.org/tba_files/AG/2009/ag_09_160.pdf

Thank you for posting Chip.... your refrence to how carry is viewed by the AG in Parks when used by a school is what I was thinking of as well.

[Guest 1eyedwillie]

Chip said...... "Personally, the language "owned, used or operated by" gives me a little concern over the AG's opinion,"

So Chip, since the AG opinion is specifically about parks, it may or may not be applied to a private school on church property---depending on the local prosecutor maybe.

I realize you can't give legal advice on a forum like this, so it sort of sounds like maybe carry at such a church building may be OK when the school is not using the building.

Seems like to me though it would be a case where DEEP concealment would be the order of the day---and a prayer that nothing happens to blow your cover. Never know when some "anti" church member would want to make an issue of you carrying.

[Guest tnxdshooter]

why would you carry in a church?

You obviously never heard about that psycho in knoxville that shot people in church huh?

[midtennchip]

Chip said...... "Personally, the language "owned, used or operated by" gives me a little concern over the AG's opinion,"

So Chip, since the AG opinion is specifically about parks, it may or may not be applied to a private school on church property---depending on the local prosecutor maybe.

I realize you can't give legal advice on a forum like this, so it sort of sounds like maybe carry at such a church building may be OK when the school is not using the building.

Seems like to me though it would be a case where DEEP concealment would be the order of the day---and a prayer that nothing happens to blow your cover. Never know when some "anti" church member would want to make an issue of you carrying.

While the AG opinion is dealing only with parks, the logic of the argument is the same regardless of what type of property is "used" or "being used" by a school. First, an AG opinion is not law, so a judge may not see it that way. Hence, my concern over the difference between "being used" (which the AG opinion says is the "plain meaning" of the statutory language) and "used." Second, the language "used" will have to be interpreted if a case ever arises. Does "used" mean "in use by a school," "regularly used by a school," or "has ever been used by a school." I also wonder exactly what "school" means. Is a "school" just a secondary school, or does it cover colleges, pre-schools, mothers-day-out programs, etc.?

My church as a mothers-day-out program that functions like a pre-school, so does that mean I am prohibited from carrying in church? If so, am I only prohibited when the school is in session, or is the church off-limits? I don't think we really know the answer to that question.

If "used by" means "regularly used by" or "ever been used by" a school, then there are numerous places that are off limits that most of us haven't thought about. For example, the Zoo, the Children's Museum in Memphis, the Aquarium in Chattanooga, the Factory in Franklin, A Game Sports complex in Franklin, any of the hockey rinks where high school hockey is played, most movie theaters, and any other place that rents itself out to schools from time to time.

There are just too many variables on this one. That's why my personal opinion is that the AG's opinion is likely correct. But, that doesn't mean that an LEO or a judge would see it the same way.

[Fallguy]

Chip, Chip, Chip....don't give us all that....you're a lawyer. You are supposed to be able to give a 100% clear cut answer. Because if I give an answer like that someone always wants to hear from a lawyer assuming I must not know what I'm talking about since I can't cleary say legal/not legal.

:)

[Guest 1eyedwillie]

Seems like this, as in many other legal matters will have to be worked out in courts as issues arise. I know its selfish of me, but I don't want to be the test case. Luckily, the church I attend now does not have a school associated with it but I did attend one such congregation in years past. I was interested mainly now because there are so many churches in my area which do have schools and I may have occasion to be there for one reason or another. That, and also because as I said in an earlier post, it was only briefly mentioned once at the start of this thread.