SB 0149 by Green - changing 39-17-1309 to delete property "used" by schools

[GKar]

Filed yesterday.  Entire contents below.  See it here: http://www.capitol.tn.gov/Bills/109/Bill/SB0149.pdf

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SECTION 1.

Tennessee Code Annotated, Section 39-17-1309, is amended by deleting from subdivision (b)(1) the following:

                  or any other property owned, used or operated by any board of education, school,

and substituting instead the following:

                  or any other property owned or operated by any board of education, school,

 

SECTION 2.

Tennessee Code Annotated, Section 39-17-1309, is amended by deleting from subdivision (c)(1)(A) the following:

                   or any other property owned, used or operated by any board of education, school,

and substituting instead the following:

                  or any other property owned or operated by any board of education, school,

 

SECTION 3.

This act shall take effect upon becoming a law, the public welfare requiring it.

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By deletion of the single word "used", this appears to be an attempt address the potential "trap" currently found in the interaction between 1309 and the parks carry law, wherein a person lawfully possessing in a non-posted municipal park would find themselves suddenly in violation of 1309 (b)(1) if a school event began within the park (regardless of whether the person was aware of the event or not).  My major concern - does maintaining the word "operate" still leave that door open.  Thoughts?

[Garufa]

One could argue that "used" and "operated" are virtually synonymous.

[Omega]

I don't think the word operated will be an issue; if they are at a park, they are not operating the park, just using it.  If they are using a Bldg, they should not be considered to "operate" the building unless its a concession stand.  Now if they lease a building, then at least I would consider them operating the building and act accordingly.  So if they are at an event center, the center, if not posted, would be clear to carry, just not into the room they happen to be operating in at the time.

[GKar]

One could argue that "used" and "operated" are virtually synonymous.

 

My concern exactly.  Is anyone aware of certain legal distinctions (or precedent) between "used" and "operated" that would support the adequacy of this change? 

[JayC]

It would be a major fix to the 'roving felony zones' we have today in TN.