Recent AG opinion on carry in courtrooms and 39-17-1359

[Fallguy]

http://www.tn.gov/attorneygeneral/op/2012/op12.32.pdf

QUESTIONS

1. May the holder of a valid handgun carry permit that was issued pursuant to Tenn. Code Ann. § 39-17-1351 lawfully carry a handgun into a courtroom while it is being used for administrative, as opposed to judicial, meetings?

2. If Tennessee law prohibits the carrying of a handgun into a courtroom while it is being used for some purpose other than judicial proceedings, is the county required to post signs that conform to the notice requirements of Tenn. Code Ann. § 39-17-1359 if the county elects to prohibit handgun possession during such times?

3. If the county has not posted signs that conform to the requirements of Tenn. Code Ann. § 39-17-1359, would detaining a citizen at the entrance of an administrative meeting for the purpose of screening such persons for weapons constitute an unreasonable search and seizure under the Tennessee or United States Constitutions?

4. Is a county required under Tenn. Code Ann. § 16-2-505((4)(d)(2) to establish a security committee for the purpose of determining the security needs of its courtrooms?

5. Are deputy sheriffs assigned to courts as bailiffs during judicial proceedings required to be certified as peace officers by the Peace Officer Standards and Training Commission (POST)?

OPINIONS

1. Yes. Tenn. Code Ann. ' 39-17-1306(a) prohibits the carrying of firearms into rooms where judicial proceedings are in progress. Section 1306(a) does not serve to prevent a holder of a handgun carry permit from lawfully carrying a firearm into a courtroom if there is no judicial proceeding in progress and the courtroom is being used to hold an administrative meeting or for some other purpose. An individual, business or government entity is, however, authorized under Tenn. Code Ann. § 39-17-1359 to prohibit the carrying of firearms into such meetings upon the posting of notice of such prohibition in such a manner as required by the statute.

2. Yes. Tenn. Code Ann. § 39-17-1359( requires that notice of the prohibition against carrying firearms be posted in English and in prominent locations, including all entrances primarily Page 2

used for entering the property, building or room where the weapon is prohibited.

3. Under the plain meaning of Tenn. Code Ann. § 39-17-1359, if notice is not properly posted, it is not a violation of the statute and thus not a criminal offense for an individual to possess a firearm at an administrative meeting if that individual has a valid handgun carry permit issued pursuant to Tenn. Code Ann. § 39-17-1351. Whether the detention of a person at the entrance of such meeting for the purpose of screening or searching for weapons constitutes an unreasonable search and seizure under the Tennessee and United States Constitutions will depend upon the totality of the specific circumstances.

4. Yes. Under Tenn. Code Ann. § 16-2-505(d)(2) a county is required to establish a security committee for the purpose of determining the security needs of the courtrooms.

5. Yes. With the exception of court officers in Davidson County, a bailiff or court officer must be a deputy sheriff, must obtain POST certification within one year of employment, and, if newly assigned to the courts after July 1, 2008, must also complete forty hours of basic training in courthouse security and sixteen hours of annual training.

I did not post the ANALYSIS but is interesting as well.