New AG Opinion on Off Duty LEOs carrying on School Grounds

[MikePapa1]

http://www.tba2.org/tba_files/AG/2010/ag_10_111.pdf

[Guest 270win]

Why were Rutherford and Bedford Counties exempted from following along with the rest of the state as far as off duty police carrying on school property? This seems like something that would happen in Illinois or New York, not Tennessee. This is a bad law that needs to be changed.

[Raoul]

Why were Rutherford and Bedford Counties exempted from following along with the rest of the state as far as off duty police carrying on school property? This seems like something that would happen in Illinois or New York, not Tennessee. This is a bad law that needs to be changed.

What it says is that only a county or municipal officer from those counties can carry. Wonder what caused that...

[TGO David]

What it says is that only a county or municipal officer from those counties can carry. Wonder what caused that...

Rutherford County has extension officers that work in schools when they are technically off-duty from their day jobs, I believe.

[Guest 270win]

So does this mean that a police officer from Shelby County or Hamilton County is not able to carry anywhere (such as on school property or parks) when in Rutherford or Bedford Counties? I am not a legal eagle, so an expanation would be helpful. I know that what the law sometimes looks like it isn't. I just find that hard to believe.

[Pain103]

The law looks crazy for those two counties. I will read up on it more after I get some sleep and can understand it better.

[Fallguy]

Well as far as the LEO carry, nothing really new here I don't think. The opinon in that since is just saying that the fact the LEO is also a school board member doesn't make any difference.

Also state laws not applying to certain "population bands" are not uncommon, but guess I hadn't thought about that 39-17-1350(e) kept 39-17-1350 from applying to Rutherford and Bedford counties. Guess those counties just have a bit of pull.

Wonder how many LEOs statewide know that?

[Fallguy]

Ok...think I've confused myself....(nothing new)

I can't tell for sure from reading the law or the AGs opinion if it means LEOs from other counties don't have the authority granted in 39-17-1350 while in Rutherford and Bedford counties or if it means any LEO that works in Rutherford and Bedford counties, but not for the county or city law enforcement agencies, doesn't have have the authority granted in 39-17-1350 in the rest of the state.

I think it is the later....

[mdmoseley]

I work for the county and I haven't heard of this before. I'll have to do some checking. We do have School Resource Officers in every school so that might have something to do with it.

[DaveTN]

People should be able to carry anywhere they want. However…. That is not now, nor will it anytime soon be the law in Tennessee. Carrying a loaded firearm in this state is a crime for the average citizen.

I don’t support limiting cops just because I am in a special group that can afford to pay the state for the privilege of carry. With the exception of in bars or while they are drinking Cops should not be limited in carrying anywhere in the state and whether or not they are “On-Duty†should not even be a consideration. I was still a Police Officer when I was off duty.

We are in a “Special Group†that has privileges 90% of the citizens do not have. Police Officers are in a “Special Group†that have privileges we do not have.

[Punisher84]

People should be able to carry anywhere they want. However. That is not now, nor will it anytime soon be the law in Tennessee. Carrying a loaded firearm in this state is a crime for the average citizen.

I dont support limiting cops just because I am in a special group that can afford to pay the state for the privilege of carry. With the exception of in bars or while they are drinking Cops should not be limited in carrying anywhere in the state and whether or not they are On-Duty should not even be a consideration. I was still a Police Officer when I was off duty.

We are in a Special Group that has privileges 90% of the citizens do not have. Police Officers are in a Special Group that have privileges we do not have.

I know you're against "bar" carry for the rest of us, but why LE too? If they aren't drinking why should they be unarmed? I would think a bar might be the prime place to meet an angry felon you put away. I've never understood how a certain place can supposedly change a person into a gun wielding psycho. Under the influence of alcohol maybe, but as a DD looking out for his friends?

[DaveTN]

I know you're against "bar" carry for the rest of us, but why LE too? If they aren't drinking why should they be unarmed? I would think a bar might be the prime place to meet an angry felon you put away. I've never understood how a certain place can supposedly change a person into a gun wielding psycho. Under the influence of alcohol maybe, but as a DD looking out for his friends?

Unlike many I make a distinction between a bar and a restaurant. I know many here want to make the argument we don’t have bars, but I know we do because I have been in them.

I have no problem with a cop or an HCP holder being in a bar if they aren’t allowed to drink.

Edited November 6, 2010 by DaveTN

[Punisher84]

Unlike many I make a distinction between a bar and a restaurant. I know many here want to make the argument we dont have bars, but I know we do because I have been in them.

I have no problem with a cop or an HCP holder being a bar if they arent allowed to drink.

We agree then. I don't drink when I carry and while Guinness may be a meal in a glass, well it's not the right one lol

[Guest 270win]

Punisher, do you ever drink that Guiness for breakfast sometime on gameday if you go tailgating? I'm sure it would make a nice substitute for bud light and scrambled eggs that I know some folks back home eat. You don't have to cook anything with that Guiness! Ha Ha.

e) In counties having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) or not less than one hundred eighteen thousand four hundred (118,400) nor more than one hundred eighteen thousand seven hundred (118,700), according to the 1990 federal census or any subsequent federal census, the authority conferred by this section shall only apply to law enforcement officers who are law enforcement officers for those counties or law enforcement officers for municipalities located therein.

I read this today when not working to have a more clear mind. I kind of think that this statute means that the only Bedford and Rutherford police/deputies that can carry anywhere off duty are the city police and the sheriff's deputies.

I have a feeling there is some other police/security force in those counties that the statute wants to limit off duty carry. Someone mentioned a school police force in a previous post.

[Punisher84]

Punisher, do you ever drink that Guiness for breakfast sometime on gameday if you go tailgating? I'm sure it would make a nice substitute for bud light and scrambled eggs that I know some folks back home eat. You don't have to cook anything with that Guiness! Ha Ha.

Man I haven't been tailgating in so long. My schedule kinda kills it. Sounds like a winning idea for me though lol

[dennis.r.bible]

Punisher, do you ever drink that Guiness for breakfast sometime on gameday if you go tailgating? I'm sure it would make a nice substitute for bud light and scrambled eggs that I know some folks back home eat. You don't have to cook anything with that Guiness! Ha Ha.

e) In counties having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) or not less than one hundred eighteen thousand four hundred (118,400) nor more than one hundred eighteen thousand seven hundred (118,700), according to the 1990 federal census or any subsequent federal census, the authority conferred by this section shall only apply to law enforcement officers who are law enforcement officers for those counties or law enforcement officers for municipalities located therein.

I read this today when not working to have a more clear mind. I kind of think that this statute means that the only Bedford and Rutherford police/deputies that can carry anywhere off duty are the city police and the sheriff's deputies.

I have a feeling there is some other police/security force in those counties that the statute wants to limit off duty carry. Someone mentioned a school police force in a previous post.

That makes sense, when I first read it I thought it meant that only officers from that county could carry. I was thinking it was odd to not allow officers from other jurisdictions to carry there.

Did we ever get confirmation for what this section means? I visit Rutherford county several times a year.

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