Church carry ok School cary NOT ok BUT ?

[Guest jcramin]

OK see we know its ok to carry at Church, as in not against TN carry laws.

We also know it is NOT ok to carry in a School says TN carry laws.

BUT, what about if a Church does not have a home yet, so they use a School Theater on Sundays when the School is not being used for School purposes ????

J

[Guest bkelm18]

OK see we know its ok to carry at Church, as in not against TN carry laws.

We also know it is NOT ok to carry in a School says TN carry laws.

BUT, what about if a Church does not have a home yet, so they use a School Theater on Sundays when the School is not being used for School purposes ????

J

I'm fairly certain the law does not distinguish whether a school is being used as a school at that moment or not. It just says school grounds.

http://michie.lexisnexis.com/tennessee/lpext.dll/tncode/e501/ed40/eff5/f020?f=templates&fn=document-frame.htm&2.0

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.

(2) A violation of this subsection ( is a Class E felony.

© (1) 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.

(2) A violation of this subsection © is a Class B misdemeanor.

(d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6²) high and fourteen inches (14²) wide, stating:

FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.

(2) As used in this subsection (d), “prominent locations about a school” includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.

(e) The provisions of subsections ( and © do not apply to the following persons:

(1) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;

(2) Civil officers of the United States in the discharge of their official duties;

(3) Officers and soldiers of the militia and the national guard when called into actual service;

(4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;

(5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;

(6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties; and

(7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties.

[saintsfanbrian]

It would be a no-no unless you are on campus for a school sponsored and approved activity involving your firearm...

[Fallguy]

I have to agree with bkelm18...a school is a school.

As brian said there are certain activites where it would be allowed but not in general.

T.C.A. 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.

[strickj]

what they said,but you can keep it in your car on school grounds as long as you have a hcp,and you do not brandish you hg

[Guest jcramin]

Well I was thinkin the same thing, I was just checking

J

[Fallguy]

what they said,but you can keep it in your car on school grounds as long as you have a hcp,and you do not brandish you hg

100% correct.

Second half of 39-17-1309©(1)

[saintsfanbrian]

But depending on where the school is located, you are taking a risk of having your car broken in to and your pistol stolen.

This is why I think there should be fewer restrictions. I think most of the laws restricting where firearms are allowed should be amended to include With Out a VALID Tennessee Handgun Carry Permit.......

After all, we are law abiding citizens. We aren't known for "flying off the handle and shooting up schools."

Oh well, maybe when Naifeh is out of office.

[Guest db99wj]

But depending on where the school is located, you are taking a risk of having your car broken in to and your pistol stolen.

This is why I think there should be fewer restrictions. I think most of the laws restricting where firearms are allowed should be amended to include With Out a VALID Tennessee Handgun Carry Permit.......

After all, we are law abiding citizens. We aren't known for "flying off the handle and shooting up schools."

Oh well, maybe when Naifeh is out of office.

Preaching to the choir. Preach on!

I have this problem, my kids go to a Church/ private school. So I can't carry anywhere when I am there, whether it is church or a school function, the facilites are on one campus.

[Guest colrmccoll]

What about CCW in church when during the week a private school, sponsored by the church, is conducted?

During the week, the school uses the facilities that the church uses in the evenings and on weekends.

[Fallguy]

IMO it would be considered a school during the time classes are in session.

The trouble with any of these "what if" and "how about" situations is, if it is not clear then it will be up to the LEO as whether to charge you or not, if he does it will be up to the judge or jury as to convict you or not, regardless of what anyone on here thinks.

So you just have to decided on your own if the uncertainty of the legality is worth your encouter with a LEO and/or the court system.

I know I (and I think razorback) think it is as far T.C.A. 39-17-1311 for example.

[SHbicycle]

Most churches are renting the school so wouldn't that make it a church and not a school. As far as the insurance is concerned when the church is renting it the church is responsible.

[Guest colrmccoll]

Hopefully, not to beat a dead horse: if the required warning posting are not displayed, would this be a factor in deciding the legality?

[Guest canynracer]

no, the law already states that you cannot carry on school grounds...the sgns are irrelevant...just like bars not needing to post, you already know you cant carry there because the law says so.

school grounds is school grounds..you can have it while you drop your kids off, you cannot touch it.

but the school is still the school...

they have non-school sanctioned events at my daughters school...the rules still apply, cant smoke, because it is school rules.

[Guest pws_smokeyjones]

A school is a school just like other have said. Think of it from the other angle. If a school was wiped out by tornado and a local church let them use the church for school activities - you would still be able to carry at that church, even if the kids were present for classes.