College Campuses

[MiddTennTaco]

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.

That being said, I was wondering if someone could clarify on this. Being a permit holder I always carry when I go to work. It is a mobile business and we go to a lot of places.

Being that I know I can't carry on to college campus property, I have before had to go home and lock up my gun to go onto campus and do a job. So happens I am also a student at this college campus.

Looking at the wording of that subsection, my question is whether or not I could unload my handgun, lock it up in the car, and separate it from the ammo. Could I transfer and say it is in possession of my boss (a "nonstudent" and also owner of the vehicle)? Thus bypassing the need to make a trip home to drop off my gun.... I suppose my question has more to do with possession in these circumstances.

Make sense? What do you say OhShoot? Let the debating begin!

[tnhawk]

I don't like the current laws, but when you are on campus as a student, the laws applying to students would apply.

[Fallguy]

As you probably noticed there are 2 sub-sections one dealing mentioning the "intent to go armed" the other not, the one you've highlighted is the sub-section that does not mention the intent to go armed. So to be covered by it, you must not have the intent to go armed.

There has been much debate on here as to what that means. No one has posted any court case, AG opinion etc... that would fully define what it means per TN law.

Some on here have said you would only be covered if the firearm is unloaded, ammo separate as you say. Others feel if you have a HCP and having it is a defense to the intent to go armed, then that is enough.

I would think if you unloaded etc....that for sure would show you did you best not to have an intent go armed, but a LEO and/or Judge "could" feel differently. But, if you are going to do that, I would for sure do it before entering school property.

[Oh Shoot]

...Make sense? What do you say OhShoot? Let the debating begin!

Old debate over yet another gray part of TN weapons law. I would opine that its muddled intent is:

- the exception would seem to apply to an unloaded gun, since no mention of "going armed" or "HCP"

- the exception does not apply to students of the school where the vehicle is parked.

Beyond that, even grayer, no opinion here, and AFAIK, hasn't been one issued by AG.

One thing's certain though, that the college's prerogative to terminate employees and expel students is a separate issue from being charged under state law.

- OS