Legal question: Ammo on a campus

[9mmNoob]

Hi all! I'm new to the forum and fairly new to the wonderful world of firearms. I'm in the process of obtaining my carry permit and have a question about ammo storage.

I am a "non-student adult" who lives/works on a college campus. So with my permit, I am allowed to keep my gun in my vehicle as long as I am not "in posession" of it while on campus. Does anyone know how/if the law speaks to keeping ammo in a residence? I will not be keeping my gun in our residence but don't want to drive around with a bunnch of ammo bouncing around in the heat, humidity, ect...

Any thoughts? Thanks!!!

[alwaysonjohn]

go to the campus police station (if they have it) and ask them.

[Guest dfsixstring]

On a side note to his question, is it legal to keep a loaded mag in my pocket if I leave my pistol in my vehicle? I typically carry a second .380 mag and forget it is in my pocket.

Dfsixstring

SR9c

LCP

RST4S

[monkeylizard]

Per TCA, a loaded mag is a loaded weapon, so no, you shouldn't have that on campus.

TCA 39-17-1301-18

"Unloaded" means the rifle, shotgun or handgun does not have ammunition in the chamber, cylinder, clip or magazine, and no clip or magazine is in the immediate vicinity of the weapon.

[Oh Shoot]

Hi all! I'm new to the forum and fairly new to the wonderful world of firearms. I'm in the process of obtaining my carry permit and have a question about ammo storage.

I am a "non-student adult" who lives/works on a college campus. So with my permit, I am allowed to keep my gun in my vehicle as long as I am not "in posession" of it while on campus. Does anyone know how/if the law speaks to keeping ammo in a residence? I will not be keeping my gun in our residence but don't want to drive around with a bunnch of ammo bouncing around in the heat, humidity, ect...

Any thoughts? Thanks!!!

The statute that allows non-student adult to keep gun in auto does not require HCP, doesn't even mention it. That, and the fact that it is not in the almost identical paragraph that mentions "intent to go armed", would seem to indicate the firearm must be in unloaded condition. Which means that ammo must be well separated.

In other words, the HCP makes no difference in 39-17-1309. Matter of fact, it doesn't in 39-17-1310 either (pickup/dropoff passengers) as far as charge of carrying on school property is concerned, only that you'd be guilty of unlawful carry period under another statute assuming the gun was loaded.

Btw, probably terms of employment at TN colleges probably include no firearms (certainly it is a cause for termination at UT, can't remember is ammo is mentioned specifically also) -- so if somehow push ever came to shove, you could be fired for the gun in the car even if not guilty of breaking any TN statutes. Guess that would be determined by your status, relations with superiors, politics, etc, like most jobs.

You live on campus as an employee? If so, no advice. With a gun in the house, you'd be legal under 1308 but illegal under 1309, a interesting gray area perhaps, but I'd imagine that the latter prevails. I don't know if students get criminally charged for having guns in their dorm rooms, or just expelled. I guess whatever legal precedent there is for that, you could be treated the same.

Short take is, I don't see any good things happening if you're caught with gun in car or residence. Or maybe just caught with ammo, from the school's point of view at least, though if you kept everything in the car only, ammo and gun well separated, you shouldn't be subject to criminal charge as I understand the statute.

Last edit: This is not legal advice.

- OS

Edited August 16, 2012 by OhShoot

[1pointofview]

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.

ï‚· It is not an offense for a nonstudent adult to possess a firearm, if such firearm is contained within a private vehicle operated by the adult and is not handled by such adult, or by any other person acting with the expresses or implied consent of such adult, while such vehicle is on school property.

ï‚· An individual, corporation, business entity or government entity or agent thereof is authorized to prohibit possession of weapons by any person otherwise authorized by this subsection, at meetings conducted by, or on premises owned, operated, managed or under control of such individual, corporation, business entity or government entity. Notice of such prohibition shall be posted in prominent locations, including all entrances primarily used by persons entering the building, portion

http://www.handgunlaw.us/states/tennessee.pdf

[1pointofview]

http://www.lexisnexi...ttopics/tncode/

39-17-1309

© (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.

http://www.tn.gov/safety/handgun/handguntca.shtml

Edited August 16, 2012 by 1pointofview

[9mmNoob]

Thanks for the replies!

[monkeylizard]

1pointofview, I believe that a sticky point on 1309 is that it simply discusses possession of a firearm and does not mention intent to go armed. This would seem to imply that the non-student adult would be OK to have the firearm in the vehicle, provided it isn't touched, and is unloaded by the legal definition I posted above.

In theory, an HCP holder who wants to pick up their kid from school can legally do so with their firearm, but only if they stop before reaching the school to unload and separate ammo, mags, and handgun. After picking up their child, they can exit the school property and then reload. Asinine, and nobody does that, but I think that's the letter if the law. If I'm wrong, OhShoot or Fallguy will be along to correct me

The post above about campus security is a valid one. I attended a small school where there were a few guys who liked to hunt. They kept their rifles and ammo at the security office and would call them up about 30 minutes before heading out to the field. A security guard would meet them at the office and give them their guns. It worked well for them, but they were only needing access once or twice a week and only during hunting seasons.

[Oh Shoot]

....In theory, an HCP holder who wants to pick up their kid from school can legally do so with their firearm, but only if they stop before reaching the school to unload and separate ammo, mags, and handgun. After picking up their child, they can exit the school property and then reload. Asinine, and nobody does that, but I think that's the letter if the law. If I'm wrong, OhShoot or Fallguy will be along to correct me

Not "correcting" you at all, but that's the very first time I've ever heard such an interpretation of 1310. I would assume the intent of that law, is that one would have to possess the weapon in accordance with other statutes, which would mean loaded is fine in case of HCP holder, unloaded in case of non-HCP holder, but in neither case would one be guilty of carrying on school property, as long as the heater stays in the car.

As a matter of fact, would assume that to be the case in 1309, too, except that it makes such a clear distinction between the "intent to go armed" paragraph and the almost identical one, but without that wording, and only in that one does it allow the adult non-student to stash a firearm.

At any rate, I'm assuming that if one has to exit the vehicle to pick up their kid, obviously the gun must stay in the car, but I don't assume that under 1310 it has to be unloaded at any point at all under the intent of that statute. Now, if you to park your vehicle and go in for any other reason than simply retrieving your kid (like with having a confab with teacher or something), then I would think 1309 would take over, as 1310 is for the "sole purpose of delivering or picking up passengers".

- OS

Edited August 17, 2012 by OhShoot

[1pointofview]

I go to my kids school all the time to eat lunch. When I do, I simply pop the clip out but I don't really separate the 2. I think the key is to not have anything in the chamber but more importantly not on your person. Keeping it stowed and seperate is not "intent to go armed" imo but in life, so many things are "subjective". I know of a few teachers that keep their protection in their vehicle.

[jtmaze]

I have gone to visit my daughter at UTM and unload gun in safe and mag in glove box I usually keep holster on and have never been approached even by campus security.

JTM

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