Carry at College

[JayC]

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

Yeah, TN's wonderful one size fits all laws... a pocket knife no matter how small could result in a felony charge for a college student

[chadbuddy]

Wow, I didn't realize that knives were illegal to carry.

After someone stole a few items out of my car, I don't feel safe about leaving firearms in there. I might consider it if I got a lock box and screwed it to the floorboards.

[kb4ns]

Wow, can't believe I missed this thread until now. Like others have said, just keep it in your car and stick to the city streets and you'll be ok. At U of M, with a little common sense, you could glance at a street and tell if it was owned and maintained by the school or not. All of the little streets that ran through campus were owned and maintained by the school.

[Guest Joey]

Ah, ok. I thought I had found a loophole but I guess not.

I was thinking that if my wife buys a gun in her name then that would count as her possessing it. Which means I could CC it off campus and legally keep it locked up in the car while on campus.

Also, are things like the Safekeeper II not legally considered knives? Would they be ok to carry while on the University of Memphis campus? I ask because this thread got me thinking about it:

http://www.tngunowners.com/forums/knives-bladed-tools/44060-cold-steel-safekeeper-ii-legality.html

[Fallguy]

Ah, ok. I thought I had found a loophole but I guess not.

I was thinking that if my wife buys a gun in her name then that would count as her possessing it. Which means I could CC it off campus and legally keep it locked up in the car while on campus.

Also, are things like the Safekeeper II not legally considered knives? Would they be ok to carry while on the University of Memphis campus? I ask because this thread got me thinking about it:

http://www.tngunowners.com/forums/knives-bladed-tools/44060-cold-steel-safekeeper-ii-legality.html

I would say No. Even if it is not a "knife" I would say it is a weapon of "like kind"

39-17-1309. Carrying weapons on school property.

(a) As used in this section, “weapon of like kind” includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.

( (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, explosive weapon, bowie knife, hawk bill knife, ice pick, dagger, slingshot, leaded cane, switchblade knife, blackjack, knuckles or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution.

[Oh Shoot]

...

Also, are things like the Safekeeper II not legally considered knives? Would they be ok to carry while on the University of Memphis campus? I ask because this thread got me thinking about it:..

I'd say your odds of being charged with a knife would go way UP with the scary looking Safekeeper.

Also, the 3.75" model is over 4" from tip of blade to handle, so depending on how any given LEO might want to measure the knife "blade", you could be additionally charged under 39-17-1307 too.

- OS

[Guest Joey]

So basically there's no legal loopholes?

[Oh Shoot]

So basically there's no legal loopholes?

No.

But in the real world, legal folder in a grammar school/high school is a big deal, but same at a college/university, meh, unless you did something perceived as a threat.

A fixed blade on your belt or just seeing that Safekeeper (which may not be legal in TN period) for example, could be perceived as threat in and of themselves. Perception is paramount.

I carried pocket knives all the years I worked at UTK, and saw many in the hands of maintenance guys, puter network guys, etc. Never thought anything about it, and didn't even know there was a law against it.

I dare say lots of folks carry pocket knives on college campuses and don't think anything about it, and don't even know the TN statute against it.

Note that this is not an encouragement on my part for anyone to break any law.

As the law stands, to be 100% sure you could never be charged under 39-17-1309, you shouldn't carry even a tiny Swiss Army on your key ring.

- OS

[Guest Drewsett]

So basically there's no legal loopholes?

The only legal loopholes are for people with lots of money. Like tax code loopholes.

[kb4ns]

The only legal loopholes are for people with lots of money. Like tax code loopholes.

So true!

[Guest Joey]

What if the gun is disassembled?

What if before returning to campus I put the slide and mag in the toolbox and put the frame in the cab of my truck? I'd think that would take care of the whole "intent to go armed" thing.

[kb4ns]

What if the gun is disassembled?

What if before returning to campus I put the slide and mag in the toolbox and put the frame in the cab of my truck? I'd think that would take care of the whole "intent to go armed" thing.

The "intent to go armed" is mentioned as an element required to violate 39-17-1309((1) which is a class E felony. However, section ©(1) states

It is an offense for any person to possess or carry, whether openly or concealed, any firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in any public or private school building or bus, on any public or private school campus, grounds, recreation area, athletic field or any other property owned, used or operated by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational institution. 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.

This is a class B misdemeanor. I'm no lawyer, but since the frame itself is considered "the firearm" by the ATF, I'm gonna go ahead and suggest you keep looking for another loophole that doesn't exist...

[JayC]

I'd say your odds of being charged with a knife would go way UP with the scary looking Safekeeper.

Also, the 3.75" model is over 4" from tip of blade to handle, so depending on how any given LEO might want to measure the knife "blade", you could be additionally charged under 39-17-1307 too.

- OS

The way I read the law, technically any knife carried by a college student, even if smaller than 4 inches is still illegal. I doubt it gets enforced, but anything that could get you arrested at a high school can get you arrested at college.

This is what happens when we have a 1 size fits all law for all educational institutions from 4 years old to 100 years old.

[Oh Shoot]

The way I read the law, technically any knife carried by a college student, even if smaller than 4 inches is still illegal. ...

It is.

My point was that anything over 4" could add an additional charge.

- OS

[Guest Joey]

This is a class B misdemeanor. I'm no lawyer, but since the frame itself is considered "the firearm" by the ATF, I'm gonna go ahead and suggest you keep looking for another loophole that doesn't exist...

I did not know that.

I figured I'd chime in real quick. I spent a couple years with the Univ of Memphis Police before I got hired in Bartlett and can tell you that in my time there, the only person I ever charged with carrying a pocket knife (on school property) was in conjunction with an aggravated assault charge where the knife was the weapon. Keep in mind though, that I'm also the the kind of pro 2A officer who "informed" 3 or 4 students carrying on campus with a HCP versus arresting them. I tend to be a little lax on the laws that I think are unfair and put law-abiding citizens in harms way.

One consideration I would take (in the Memphis area anyway) is the knowledge of the LEOs. Many are not familiar with the laws they are supposed to inforce and may not read the law as black and white as they should. Not to mention those that just don't care. You don't know how many times I heard "he might beat the rap, but he can't beat the ride" - meaning the charge might not be good enough to hold up in court, but the defendant still gets a free ride to jail (not to mention the fun of trying to get your gun back out of Memphis's property room). It's a sad fact and many officers in many places would just as well be sending a monthly check to the Brady campaign because they don't think anyone should have a gun besides the police.

http://www.tngunowners.com/forums/handgun-carry-self-defense/36421-carry-university-2.html

So in your time at the University of Memphis were there a lot of people busted by other LEO's for CC?