school carry

[Guest kwikrnu]

I was pretty sure I could carry my gun to school if I remained in the car and I was just there to drop someone off or pick someone up. I spoke with a police officer this evening and he said no. I know for a fact that most cops do not know every single law and guess most times so I just wanted to double check. Thanks.

[TripleDigitRide]

******Please excuse the post that was previously in this spot.*******

My nephew was on the computer while I was watching TV.

I apologize for his behavior.

Edited April 3, 2008 by TripleDigitRide

[Guest price g]

Wrong. You can be armed on school property as long as you are in you car picking up or dropping off child. 39-17-1309 c1

Edited April 3, 2008 by price g

[robin48]

You are NOT allowed to have a weapon on school property. Not even in your car.

That's a fact!

That is indeed incorrect. You can do a search here to find the proper statute

[Guest 270win]

People i know who have been through the permit class in TN (I did mine in Arkansas exempting me from the TN class) telling me you can pick up and drop off students at a school if you keep your gun in your car. There is also a law that allows a nonstudent adult to possess a firearm in your car on school property. Here is what I have found on the TN legislature's website:

© (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.

Some affirmative defenses to carrying a handgun with the intent to go armed on school property:

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.

[Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.]

[Guest 270win]

The way i understand the law, if you say go to a football game in Knoxville (you wouldn't be dropping off kids at school), you can POSSESS the firearm in your car but would not be able to have intent to go armed as long as you aren't a student....which means it needs to be unloaded and in the trunk.

[Guest kwikrnu]

Thanks guys, I was going to get on lexisnexis to look up the code but it seems the site is down. I'm going to copy this and keep it in the cars. Now that I know the cops or at least the one I spoke with this evening doesn't know it.

You didn't post the title and chapter for the first part, but is it 39-17-1309©1 ?

Regarding the post above this concerning going to a game or something. Why isn't that listed as a defense? They only list drop off or pick up. I take my daughter to soccer practice at a local school field, but I always leave the gun at home because I do not want to be in violation of law.

Also another quick question. I do not mean to be late dropping my daughter off at school, but sometimes I am. They make me sign her in if she is late. I have considered parking across the street from the school and walking her in when I have the gun with me. So what exactly is school property and the school zone?

Edited April 3, 2008 by kwikrnu

[Fallguy]

Thanks guys, I was going to get on lexisnexis to look up the code but it seems the site is down. I'm going to copy this and keep it in the cars. Now that I know the cops or at least the one I spoke with this evening doesn't know it.

The bookmark I had for LexisNexis has been having problems. Try this one... http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=

You didn't post the title and chapter for the first part, but is it 39-17-1309©1 ?

That's correct.

Regarding the post above this concerning going to a game or something. Why isn't that listed as a defense?

That is the part covered under 39-17-1309©(1) It doesn't matter if it is the game, practice, graduation or whatever as long as you are a non-student adult and you do not handle it, it can be left in your car.

Also another quick question. I do not mean to be late dropping my daughter off at school, but sometimes I am. They make me sign her in if she is late. I have considered parking across the street from the school and walking her in when I have the gun with me. So what exactly is school property and the school zone?

When I have had to go inside the school, I simply take my weapon of my person and store in the car somewhere in the passenger area. Some have suggested to be safe that you may want to remove your weapon before getting to the school so as not to be handling it on school grounds.

As far as what is school grounds, I would say any property owned by the school (Dept of Ed.) but not the public street. The law doesn't say school "zone" just property including any building, athletic fields etc...

Just use common sense and don't handle your weapon while on the property and for sure don't enter any buildings with it on your person and you should be fine. Oh.....and 99% of the time LEO's are not the best source for the law. Of course that's not say an internet forum is the best place either...

[Guest kwikrnu]

Oh.....and 99% of the time LEO's are not the best source for the law. Of course that's not say an internet forum is the best place either...

The internet forum is one of the easiest places I have found for information. At least I can ask a question and more often than not someone posts with an answer and supporting information.

Thanks for the quick responses.

[jughead]

3 times i have been stopped in the 10 years i have been legal the officers were wrong about what i was doing. had to prove it with paper work i carried with me. one even told me my permit was worded wrong.

Edited April 5, 2008 by jughead
add to it

[Marswolf]

It's handy to have a copy of the Code and some AG opinions in the car. That doesn't mean the officer will read them, but if you smile at him and say stuff like, "Are you sure about that? I have a copy of the law in the trunk" he might decide you know what are talking about.

[Fallguy]

The internet forum is one of the easiest places I have found for information. At least I can ask a question and more often than not someone posts with an answer and supporting information.

Thanks for the quick responses.

Oh I agree that this is a good place for info, especially when references are sited, just meant at the end of the day each person has to decided for themselves based on all information received from all sources.

It's handy to have a copy of the Code and some AG opinions in the car. That doesn't mean the officer will read them, but if you smile at him and say stuff like, "Are you sure about that? I have a copy of the law in the trunk" he might decide you know what are talking about.

You'll get a lot further if you at least act like your are unsure (even if your aren't) and that you based your actions on what you found in the T.C.A. and/or AG opinion. Even if the LEO doesn't agree (at the time) his liable to give you the benefit of the doubt at the time.

[Guest kwikrnu]

You'll get a lot further if you at least act like your are unsure (even if your aren't) and that you based your actions on what you found in the T.C.A. and/or AG opinion. Even if the LEO doesn't agree (at the time) his liable to give you the benefit of the doubt at the time.

Why is that? Is it part of their training to never admit they are wrong?

[Fallguy]

Why is that? Is it part of their training to never admit they are wrong?

Not that I know off, but being brother to a LEO and having worked directly with many and friends of several...it seems to be the general attitude.

Also if you start out with a confrontational attitude (I'm right you're wrong) with anyone it's liable not to be a pleasant conversation let alone if the other person is a LEO.

Notice I said general, not by all.

[Marswolf]

It's human nature. But if you can raise doubt without seeming overtly threatening, , most cops would rather look at the law rather than bluster and seem foolish in court. They are trained to be aggressive, not mindlessly ignorant of the law.

[Guest Engloid]

They are trained to be aggressive, not mindlessly ignorant of the law.

Are you sure about that?

[Guest slothful1]

Why is that? Is it part of their training to never admit they are wrong?

Not training -- breeding.