Carrying laws and Private Schools

[pattywak]

A visit to my high school alma mater my be in the near future, and I was wondering if laws affecting carry on school grounds applied to private schools. I couldn't find any specificity in the laws distinguishing private from public. Anyone have an idea?

[Oh Shoot]

All schools same in TN for weapons laws. Kindergarten through college. Public or private.

- OS

[TMF]

All schools same in TN for weapons laws. Kindergarten through college. Public or private.

- OS

Isn't it the same for pre-schools? I never carry into my son's pre-school because I thought they fell under the same law.... and I don't want to trigger a flip-out lock down from a bunch of old Bettys.

[Guest bkelm18]

Here's the verbage

39-17-1309

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.

[walton6467]

All schools same in TN for weapons laws. Kindergarten through college. Public or private.

- OS

Tennessee Code Annotated

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

((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.

[Guest ArmaDeFuego]

So I'm good with carrying pepper spray into a school?

[Guest bkelm18]

So I'm good with carrying pepper spray into a school?

Yes. I keep a can of Fox Labs in my pocket while I'm in school.

[pattywak]

Thanks for the information guys. Now I have a clarification I need - I've asked before about carrying while picking someone up on campus and the information I got said that it was perfectly legal as long as the firearm remained in the car, etc. But this section of the verbage is what I originally found when searching for my answer to the question of carrying while picking up someone from campus and it conflicts with what people had said here since I am a STUDENT adult.

© 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.

[Guest ArmaDeFuego]

Yes. I keep a can of Fox Labs in my pocket while I'm in school.

Sweet. Isnt pepper spray the greatest thing EVAR?? You can carry it anywhere & it can incapacitate a 300 lb man in a few seconds. Well if your aim is good & you squirt enough right into his eyes & mouth anyways......

[Guest ArmaDeFuego]

Thanks for the information guys. Now I have a clarification I need - I've asked before about carrying while picking someone up on campus and the information I got said that it was perfectly legal as long as the firearm remained in the car, etc. But this section of the verbage is what I originally found when searching for my answer to the question of carrying while picking up someone from campus and it conflicts with what people had said here since I am a STUDENT adult.

I'm ASSUMING that they put that in there to differentiate between say a 16 year old coming to school with a gun in his car. We all know what assuming gets you though. Maybe adult students would be screwed too if they caught you with it.

But really, how many times do they search student's cars on campus? They didnt in the four years I was in college. And if you have to use it, well there's been a court case that says if you have it on campus & pull it to use it in self defense you are good to go as long as you actually USE IT & dont just brandish it.

[Guest bkelm18]

If you are a student adult (aka college student) you cannot keep your gun in your car. I think the general consensus I've seen here is that even if you're only picking someone up, it's still technically illegal if you're a student of that school.

[Fallguy]

Isn't it the same for pre-schools? I never carry into my son's pre-school because I thought they fell under the same law.... and I don't want to trigger a flip-out lock down from a bunch of old Bettys.

I never though it included them, but I guess it could depend.

If it just a daycare that has a bit of organization and calls itself a pre-school, I don't think it's the same as a state sponsored head start pre-school.

Just my opinion.

[Guest bkelm18]

Sweet. Isnt pepper spray the greatest thing EVAR?? You can carry it anywhere & it can incapacitate a 300 lb man in a few seconds. Well if your aim is good & you squirt enough right into his eyes & mouth anyways......

I don't have much confidence in the hot sauce. I'd feel much better with a handgun.

[pattywak]

I wasn't talking about leaving it in my car while I was at class, I meant carrying it while picking someone up from campus or taking someone there to do something and remaining in the car. When I asked about this in another thread, this is the verbage I got in response:

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 ....

(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."

I'm not a professional by any means with reading legal language but to me it sounds like this conflicts with the verbage previously posted in the beginning of this thread. Unless this one is just a direct exception to that rule.

[Guest bkelm18]

I wasn't talking about leaving it in my car while I was at class, I meant carrying it while picking someone up from campus or taking someone there to do something and remaining in the car. When I asked about this in another thread, this is the verbage I got in response:

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 ....

(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."

I'm not a professional by any means with reading legal language but to me it sounds like this conflicts with the verbage previously posted in the beginning of this thread. Unless this one is just a direct exception to that rule.

Right, that was what I was referring to. It's been discussed before and there is a conflict. I don't know.

[pattywak]

Ahh, okay. Maybe someone here may know definitively that's better with the legal language.

[Fallguy]

39-17-1309 is what makes it illegal to carry on school property in general.

39-17-1310 provides a list of defenses to 39-17-1309.

Basically means as long as you are complying with at least on the requirements of 39-17-1310 you should not be convicted of a violation of 39-17-1309

As far as the second half of 39-17-1309©(1) there has been lots of discussion whether or not that means you can leave a loaded firearm in your car or not. As part © leaves out the "intent to go armed" language from part (. Some feel that even not on your person, that a loaded weapon can show an intent to go armed.

There have been bills introduced to make this more plain and simple...so far none have ever got out of committee...

[Guest ArmaDeFuego]

I don't have much confidence in the hot sauce. I'd feel much better with a handgun.

Well of course, I think we all would. :-) But if its somewhere where you cant carry a gun its better than nothing. Its also good for stopping someone who is trying to punch you & doesnt have a weapon.

[Guest bkelm18]

Well of course, I think we all would. :-) But if its somewhere where you cant carry a gun its better than nothing. Its also good for stopping someone who is trying to punch you & doesnt have a weapon.

Oh I agree it's much better than nothing, but I've seen too many YouTube videos of people giggling instead of screaming when pepper sprayed to feel safe with it.

[TMF]

I never though it included them, but I guess it could depend.

If it just a daycare that has a bit of organization and calls itself a pre-school, I don't think it's the same as a state sponsored head start pre-school.

Just my opinion.

Hmmm... well technically it would be a private school (pre-school), but I don't how the licensing works that may put it into the category of a learning institution. I remember doing the medical paperwork for admission, which was State of Tennessee Pre-School immunization forms, so I would assume it is considered to be so. I wouldn't carry in there either way, but I would just be curious since the law doesn't really go into detail... it just says "private school."

[JayC]

Isn't it the same for pre-schools? I never carry into my son's pre-school because I thought they fell under the same law.... and I don't want to trigger a flip-out lock down from a bunch of old Bettys.

Pre-schools aren't "schools" under the law... With few exceptions schools must be registered with State you can get a list of schools from the state for your area... Pre-schools are general treated as a form of day-care license wise.