felony or Misdemeanor???

[Guest HunterH]

I am confused based on what I have read below. If I have a carry permit and I carry on a college campus, is the violation a class E felony or a class B misdemeanor? Was thinking that if you do not have a permit, it is a felony, but if you have a permit, the violation is for a slighly differnet offense that leads to a class B misdemeanor.

Not that I would ever carry on a college campus. I am just wanting to know the law.

Thanks!!

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.

(2) A violation of this subsection © is a Class B misdemeanor.

[Guest Grout]

If you intend to go armed it is a felony.

[Punisher84]

If you intend to go armed it is a felony.

Correct, kinda. Intent to go armed is used as a charge for a person who does not have a carry permit. Carrying in a prohibited location is a misdeameanor.

[Guest HunterH]

Correct, kinda. Intent to go armed is used as a charge for a person who does not have a carry permit. Carrying in a prohibited location is a misdeameanor.

That is the distinction I was trying to make. Is that the case if you carry in any other prohibited location??

So to confirm, the felony is only if you do not have a permit? That is what I had thought, but wanted to be very clear about.

(anyone else want to weigh in.... Fall Guy, others??)

[Guest I_AM_WOOD]

either way it's gonna be headache and real expensive for the guy that gets caught but I'm sure some lawyer will love the car,house, and boat payment.

[Punisher84]

either way it's gonna be headache and real expensive for the guy that gets caught but I'm sure some lawyer will love the car,house, and boat payment.

Yea, that about sums it up. What it really boils down to is defenses and what you were doing at the time. If you have a permit you cannot be charged with Intent to go armed or any other infraction. Now if you are carrying in a place that is prohibited you are looking at a misdeameanor if you have a permit. The law is weird.

[Fallguy]

That is the distinction I was trying to make. Is that the case if you carry in any other prohibited location??

So to confirm, the felony is only if you do not have a permit? That is what I had thought, but wanted to be very clear about.

(anyone else want to weigh in.... Fall Guy, others??)

I would agree...but

Here is a case where a person was charged under 39-17-1309((1) even though he had a HCP. The case mainly deals with self-defense and 39-17-1322, though.

I think the state made several bad choices in the case though.

[Punisher84]

I would agree...but

Here is a case where a person was charged under 39-17-1309((1) even though he had a HCP. The case mainly deals with self-defense and 39-17-1322, though.

I think the state made several bad choices in the case though.

What was the final outcome on that case?

That is definitely why it should be said that there is always a defense, but that doesn't mean you won't be charged or even convicted. Laws can be interpreted, sometimes for the worse.

[Fallguy]

I'm not sure, might be worth contacting Williamson County and finding out.