School parking lots

[1pointofview]

Ok, i know this has been asked but i have seen 2 different conflicting things. I swear i read where you can leave a gun (as long as there is not an intent to go armed) in a car in a parking lot of a school. But yesterday i read an ag report where it is not allowed on any property a school function is going on.

I have been under the impression i could park in a school lot, leave a firearm locked in my vehicle is that not the case legally?

[jhc77]

Tagged. I couldn't locate it either using the search. I think picking up a child(car line) your fine, not sure on parking and going in. I left mine at home when I ran up for lunch today.

[1pointofview]

I seem to remember reading something about non teacher or admin of a school could leave a firearm in a car. Trying to find it again

[Oh Shoot]

- a nonstudent adult may leave (presentably unloaded) firearms in vehicle on school property as per 39-17-1309

 

- guns (loaded/unloaded condition subject to other statutes) may be possessed in vehicle while in the act of picking up/dropping off passengers on school property as per 39-17-1310

 

- any permit holder may leave loaded firearms in personal vehicle on school property as per 39-17-1313

 

Note however that none of these statutes prevent one from being expelled or fired by breaking rules established by the school.

 

- OS

Edited August 19, 2014 by Oh Shoot

[monkeylizard]

You're probably reading an older AG opinion. If it's the one I'm thinking of, he basically says that any non-school place where a school activity is occuring becomes a defacto school. While his opinion is presumably still valid, we now have more defenses/exceptions for carrying on school property than we had when he issued that opinion.

 

 

+1 to what OS said, plus we now have 39-17-1310 which allows anyone to have it loaded if they're only there for drop-off or pick-up.

 

 

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.

Edited August 19, 2014 by monkeylizard

[Oh Shoot]

What OS said, plus we now have 39-17-1310 which allows non-permit holders to have it loaded if they're only there for drop-off or pick-up.

 

You should know by now that few of my posts are complete until the second edit. :)

 

- OS

[monkeylizard]

:surrender:

[wileecoyote]

What OS said. I know 2 students that got in trouble for storing unloaded, unassembled guns or gun-related things in their cars while at school, even gun parts or airsoft gear. Many schools have rules or policies against this, which while they are not laws, can still land you in trouble if detected. I also know 1 adult that got in minor trouble for open carrying while picking up a child. Legal or not, open carry (even if brief or accidental) is a bad idea, especially more so on or near school grounds. The same is true of carrying or storing guns in a vehicle at a workplace which has rules or policies against such activity. So I live by the general guideline that it is first and foremost important for me to always be safe, and laws or policies or rules against being armed or storing arms are only relevant if you are known to be in violation, thus the legality doesn't matter if nobody but you ever knows what you do. Even my close family and friends never know if or when I am carrying, and nobody ever sees me storing or retrieving guns from a vehicle. Thus for me the question is moot. Edited August 19, 2014 by wileecoyote

[1pointofview]

Thanks, this is what i thought. So the big mean sign i saw yesterday at my child's school about carrying on school property means 1- that you criminals better not bring your heat on school grounds otherwise we will fine you $6k and charge you with a crime (wags finger). 2, you permit holders will be scared to have lunch with your child because you will second guess the big mean sign and wonder if you are legal or not. Thanks folks Edited August 19, 2014 by 1pointofview

[Oh Shoot]

Thanks, this is what i thought. So the big mean sign i saw yesterday at my child's school about carrying on school property means 1- that you criminals better not bring your heat on school grounds otherwise we will fine you $6k and charge you with a crime (wags finger). 2, you permit holders will be scared to have lunch with your child because you will second guess the big mean sign and wonder if you are legal or not. Thanks folks

 

Note however,  if  you step out of the vehicle with that loaded heater on your person, you've committed a felony.

 

- OS

[1pointofview]

Correct

[RED333]

I go on to school grounds all the time, I leave the "heater" in the work van locked up.

[Cherokee Slim]

I have this laminated and keep it in the truck whenever I'm at a school for whatever reason.  It's never been an issue.

Cherokee Slim

 

TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES, 2010 EDITION

TENNESSEE CODE ANNOTATED

 

Title 39 Criminal Offenses

 

Chapter 17 Offenses Against Public Health, Safety and Welfare

Part 13 -Weapons

 

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.

(b) (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 (b) is a Class E felony.

(c) (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 (c) 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.

[monkeylizard]

You should add 39-17-1310 and 1313 to that.

:up:

Edited August 20, 2014 by monkeylizard

[bersaguy]

I avoid school parking lots and even most school zones when and if at all possible. If the lights are flashing I might even turn around and go in another direction. When my kids graduated I was done with schools and thrilled to be done with them............jmho

[Oh Shoot]

I avoid school parking lots and even most school zones when and if at all possible. If the lights are flashing I might even turn around and go in another direction....

 

Wow. I'm sure Big Brother is pleased for your being so profoundly cowed.

 

- OS

[1pointofview]

Our resident school super here in williamson county mike looney is about as anti gun as i have seen. I hope the new school board will help convince him to go help some other school system and soon

[jhc77]

Our resident school super here in williamson county mike looney is about as anti gun as i have seen. I hope the new school board will help convince him to go help some other school system and soon

Wonder if he planted his thoughts into the SRO's. Had one yesterday giving me the stink eye. Think he noticed my belt.