Carry at College

[Guest mds3d]

OK, I know the law says I can't have my gun on school property even when I get my HCP.

However, I attend a downtown college (UTHSC for those in Memphis). I would assume that the roads that run through our campus are actually city property. So, If I park in a space on the side of the road that does not require a campus parking permit, should I theoretically be able to leave my gun in my car?

I know that responses will be the IANAL type, but if anyone knows where I could go to find a definitive answer I would appreciate it. Thanks!

[Smith]

That would make sense, however I know my college was it's own "city" with it's own zip code and the roads that ran through them were considered school property. I'm thinking you would have to get clarification from UTPD to be sure.

Edited August 17, 2010 by Smith

[Punisher84]

OK, I know the law says I can't have my gun on school property even when I get my HCP.

However, I attend a downtown college (UTHSC for those in Memphis). I would assume that the roads that run through our campus are actually city property. So, If I park in a space on the side of the road that does not require a campus parking permit, should I theoretically be able to leave my gun in my car?

I know that responses will be the IANAL type, but if anyone knows where I could go to find a definitive answer I would appreciate it. Thanks!

Anything in the campus falls under UT campus police. You would have to be completely off campus to be legal under the law. It's gonna be one of those "nice try, but no dice" kinda deals.

[Guest mds3d]

I figured that it was possible that if the UT police had jurisdiction then I probably would be a no-go. I might park in the unposted Office Depot across from campus.

Out of curiosity, Does anyone know how to tell if it is "campus." Is it campus owned buildings on both sides of the road? Is it control by campus cops. I ask because my parents live next to MTSU in the boro and are close enough that their street is part of the MTSU police jurisdiction. Just trying to find out how to know where the line is. I would hate to get pulled over in front of my parents house by a campus cop and go to jail for trying to return a gun I borrowed.

Thanks!

[Punisher84]

I figured that it was possible that if the UT police had jurisdiction then I probably would be a no-go. I might park in the unposted Office Depot across from campus.

Out of curiosity, Does anyone know how to tell if it is "campus." Is it campus owned buildings on both sides of the road? Is it control by campus cops. I ask because my parents live next to MTSU in the boro and are close enough that their street is part of the MTSU police jurisdiction. Just trying to find out how to know where the line is. I would hate to get pulled over in front of my parents house by a campus cop and go to jail for trying to return a gun I borrowed.

Thanks!

That's a little different situation. If their home is part of the campus itself, then maybe, but if it is a private residence then no. I really doubt campus PD would hassle you for something like that though.

[walton6467]

I know that at Austin Peay, the campus police have jusidiction on the streets that surround campus. Also remember that at most TBR schools, all campus police are certified, trained police officers and most have the ability to pursue off campus if needed. They aren't just security guards that can't leave the property. They are a legitimate police agency recognized by the local city police and by the state as such in most cases.

I also know that Tennessee Board of Regents has a policy on the books that states that if you park your car on their campus, they have the right to search it. However, I've never known that to happen without provocation. If the street runs THROUGH the campus, regardless of who pays for the pavement, its part of campus, by proximity if not by title deed.

The University should be able to clarify which properties they own. I wouldn't hesitate to tell them why. Let them know you carry and that you want to make sure you aren't in violation. If a campus cop stops you OFF CAMPUS and he CAN, he can't charge you for something that isn't illegal in the city, regardless of whats illegal on campus.

Same goes for alcohol. TBR campuses forbid alcoholic beverages of all types, but if you have a six in the back seat for when you get home and campus police stop you OFF campus, they can't charge you for the alcohol, but same circumstances ON campus and you've violated state law.

[dats82]

This is another one of those situations that are best if you stay quite. I certainly would not have an ar or ak in my car; that is pretty hard to justify if you are trying to say it was for your protection during your commute. However, I do know what I would do if I were in your situation, and I would not be driving around Memphis, especially that area, without at least my carry weapon.

I think the whole guns on campus thing is federal law, and one of my friends was an ATO at Ole Miss when the ATO house burned down. He was saying when the firemen and police came, there were guns in the house, and nothing ever came from it. In fact, the owners of the weapons carried them out and put them in their vehicles that were obviously parked on campus.

Like the good rapper so eloquently said, "Don't start no *****, there won't be no *****."

[Guest rsgillmd]

I do not have a direct answer for you. When I go to work, I do not bring my gun, because I would not feel comfortable leaving it for someone to steal if they broke into my car. While I feel the campus is generally very safe, plenty of characters of questionable demeanor cross through the parking lots/streets around UTHSC.

[Alpha13]

Got this off of Concealedcampus.org

Just clarifying that no guns on campuses is not a federal law....

Edited August 18, 2010 by Alpha
editing link

[Oh Shoot]

...

I think the whole guns on campus thing is federal law, ..

No, absolutely NOT federal law.

Each state determines carry in the various educational institutions.

Except for a couple of permanently closed off ones, all the streets and sidewalks at UT Knoxville are city streets; they are maintained by the city of Knoxville. What little parking actually on the street is metered, and those meters are City of Knoxville meters, not university ones.

IANAL, but would seem to me that as long as you are on only those streets or sidewalks, you are okay, ie walking through the campus from one city street to another city street, using city streets in between. Which of course doesn't help you if you need to attend classes or go to the university center, whatever.

Btw it's okay by TN statutes to leave gun in your car as long as you are an adult NON-student.

If you are an adult student, you can't.

Go figger.

- OS

[Guest Plainsman]

Btw it's okay by TN statutes to leave gun in your car as long as you are an adult NON-student.

If you are an adult student, you can't.

Go figger.

- OS

Would you happen to have direction to that statute off hand?

[Oh Shoot]

Would you happen to have direction to that statute off hand?

All TCA at michie.com.

School carry is 39-17-1309

©1 says:

"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."

- OS

[Guest Plainsman]

All TCA at michie.com.

School carry is 39-17-1309

©1 says:

"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."

- OS

Very much appreciated!

[Fallguy]

IMO, if it is a city street you should be fine.

As others have said, just because the Campus PD may have jurisdiction, doesn't make it part of the campus.

[tnhawk]

I always carry during class. It's not a problem as long as the class on on-line.

[walton6467]

I spoke with the Chief of Police for a local University who told me that if you are stopped on a city street running thru a college campus they will NOT charge you with illegal carry because you are on the city's street. His other comment was "an officer shouldn't see ever see the gun anyways".

[Oh Shoot]

I spoke with the Chief of Police for a local University who told me that if you are stopped on a city street running thru a college campus they will NOT charge you with illegal carry because you are on the city's street. His other comment was "an officer shouldn't see ever see the gun anyways".

Yeah, it would seem to me a city street is a city street, along with its city sidewalk, whether it goes by a university building, a federal building, a banned business, whatever.

It's been made clear by AG that even streets through banned parks are okay.

- OS

[JayC]

Get a lock box, or something similar and bolt it to the vehicle... I've been considering going back to school, and the inability to carry is a big reason against it.

[Guest db99wj]

There are plenty of city streets with campus on both sides, that are not considered campus property.

If I were going to UT Memphis, I would park on the "public" streets, and lock it up.....very securely, especially in that area.

[Guest Joey]

All TCA at michie.com.

School carry is 39-17-1309

©1 says:

"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."

- OS

Next year I will be a student and I'm about to get my HCP soon.

What about if I had my wife's gun, registered in her name, locked in the car on campus? Legal or no?

[Fallguy]

Next year I will be a student and I'm about to get my HCP soon.

What about if I had my wife's gun, registered in her name, locked in the car on campus? Legal or no?

Two things...

First, there is no such thing a firearms "registration" in TN.....at least not like it is in some states.

Secondly, "possession" doesn't have anything to do with who purchased (probably what you meant) the weapon, or even if there was registration, who it was registered to. Possession, whether actual or constructive, has to do with who has control over the weapon.

So if it was in a locked vehicle that you have the keys to (control of) you are the one in possession of it.

[Guest 73challenger]

I was wondering if it is OK to carry a knife and/or pepper spray on campus?

[Erik88]

I was wondering if it is OK to carry a knife and/or pepper spray on campus?

Pepper spray is pretty common on campus. Just about every girl I know has it on their key chain. I know knives are off limits. OhShoot is pretty handy when it comes to looking up laws, I'm sure he'll chime in. Basically I think the law says no weapons on campus with the intent to go armed... There is a lot of grey area there.

[Oh Shoot]

I was wondering if it is OK to carry a knife and/or pepper spray on campus?

Knives are forbidden by statute.

Really any knife, any size.

But nobody's gonna charge you with it on a college campus, unless you did something gnarly with it, or caused some other scene to piss off the LEOs there, so that they looked for something to flog you with.

TN statues don't specifically mention pepper spray period.

- OS

[Erik88]

Knives are forbidden by statute.

Really any knife, any size.

But nobody's gonna charge you with it on a college campus, unless you did something gnarly with it, or caused some other scene to piss off the LEOs there, so that they looked for something to flog you with.

TN statues don't specifically mention pepper spray period.

- OS

OS I knew you'd come through for us!