Legal question: Warning state code quoted!

[Guest dotsun]

<table border="0" cellpadding="0" cellspacing="0"><tbody><tr><td>39-17-1309. Carrying weapons on school property. —

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</td> <td>(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.

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</td> <td>( (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.

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</td> <td> (2) A violation of this subsection ( is a Class E felony.

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</td> <td>© (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.

I sometimes frequent schools in the course of my business and I'm a bit confused. I'm no lawyer, thank God, but this seems to directly conflict with subsection (. Anyone know if this means it's ok to have the gun in my car while at a school?

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[saintsfanbrian]

I believe this means that if you have to go to the school to conduct business then as long as you have put it in a lockable area prior to arriving on campus, you are okay. I think the school board has other restrictions against teachers having them in their cars.Example, my son is sick and I have to pick him up. As long as I lock my gun in the glove box prior to arriving on campus, I am okay. Since I am neither an employee or a student on the campus, there is nothing that they can do to me as long as I do not "possess" the weapon while on school property.

[Guest looneeetunes]

thats my take also, my instructor said that you have to stay in the vehicle at all times when you have it on the property, but i have found some other things he was wrong on also. the research i have done seems to point, it must not be handled and locked up. i researched this because my kid stays in an after school program, where i have to go in to sign him out. from what i can tell you may leave car with gun locked in car..... is that everyone elses thought?

[Guest Len]

This is my interpretation as well. At the college I work at, we teach the TN Carry Permit course every now and then through our continuing education division (not-for-credit). When we teach the course, all students get sent a packet of info that includes words to the effect of "keep your guns unloaded in a locked vehicle while on campus." (We teach the classroom part of the course on campus, then go to a local range for the shooting portion.) Since educational purposes can be exempt under the law, it is possible to use actual (unloaded) firearms in the course to demonstrate various things.

[Punisher84]

From what I have gleaned from Instructors, law enforcement, and school authorities if you are picking your child up from school and are just going to be in your vehicle then there is no problem. I'm not sure about leaving it locked up and left in the vehicle while on school grounds, that does seem to be legal though.

[Guest Phantom6]

You are correct Punisher84

[Guest dotsun]

From what I have gleaned from Instructors, law enforcement, and school authorities if you are picking your child up from school and are just going to be in your vehicle then there is no problem. I'm not sure about leaving it locked up and left in the vehicle while on school grounds, that does seem to be legal though.

That's actually specifically mentioned in the next code, but that still leaves me wondering about being there for business.

39-17-1310. Affirmative defense to carrying weapons on school property. —

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:

*Edited for unrelated parts*

(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.

[Acts 1989, ch. 591, § 1; 1991, ch. 510, § 4.]

[2000silverz28]

My instructor who is also a LE said it was ok to pick a child up as long as the gun was not handled while on the property. I don't know about leaving it in the car. I would think it would be ok as long as it was locked.

[dkd83]

This is a question that I will need a definite answer to once my permit goes through the state. I teach at Pellissippi, Walter's State, and a few other colleges in the Knoxville and surrounding area.

My reading of the TN codes leads me to believe that as long as a handgun stays in a POV, locked, and out of sight while on school property this meets the requirements for legality using the current statutes.

I know this is repititious but is this also everyone else's understanding?

[Guest LeagueOf1291]

I am a lawyer, (God help me), but that doesn't help me answer this question any better than anyone else with the usual dispensation of common sense.

[Guest Hyaloid]

This may be something to push a legislator to get an AG opinion on.

IANAL, but from reading some past AG opinions, usually the law is written to address what is specifically against the law, and if it is not specifically addressed, then you can operate under the assumption that what you are doing is legal. Our ability to open carry is the best example of this, nowhere does it state explicitly that OC is legal, but because it is not specifically listed as illegal, it is assumed that it is ok from a legal perspective.

Just my 2 pennies.

[Guest Hyaloid]

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.

Based on this section, I woud feel comfortable if I was a "NONSTUDENT" leaving it in my locked vehicle. I assume that faculty would be protected here as well, however, there is likely a school policy handbook that you may be in violation of. But, at least they shouldn't be able to charge you with a felony... fire you, maybe, but not charge you.

[Marswolf]

This is a bit off topic, but I think related.

Our local libraries have a policy that patrons, or anyone else for that matter, may carry weapons in the library as long as they are legal. For practical purposes, that means you have to have a carry permit and not be in the one branch in our county that sits on school property. I's fine for the other four buildings.

I checked the other day to see if it is OK for the library staff to also pack. Nothing in Sullivan County regulations prevents a county employee from carrying a weapon.

There really is just no logical reason for someone with a permit to not be allowed to carry where they wish. The criminals do.

[Guest dotsun]

This may be something to push a legislator to get an AG opinion on.

IANAL, but from reading some past AG opinions, usually the law is written to address what is specifically against the law, and if it is not specifically addressed, then you can operate under the assumption that what you are doing is legal. Our ability to open carry is the best example of this, nowhere does it state explicitly that OC is legal, but because it is not specifically listed as illegal, it is assumed that it is ok from a legal perspective.

Just my 2 pennies.

That's a good idea Hyaloid. Anyone on here know their state rep well enough to ask for something like this? Hell I can't get mine to even reply to my emails. I didn't vote for him, but I'm sure he doesn't know that. lol

Yeah I agree Mars. I wish you were my state rep.

[saintsfanbrian]

This is a question that I will need a definite answer to once my permit goes through the state. I teach at Pellissippi, Walter's State, and a few other colleges in the Knoxville and surrounding area.

My reading of the TN codes leads me to believe that as long as a handgun stays in a POV, locked, and out of sight while on school property this meets the requirements for legality using the current statutes.

I know this is repititious but is this also everyone else's understanding?

The problem is that since you teach at those places you are bound to their rules, and remember, the schools can have more strict rules than the law as far as allowing staff members to have a weapon in their car. Many employers have this in their policy manuals and it gets upheld, until the State Supreme Court hears the case and then it is iffy.

[saintsfanbrian]

Very good point, Mars. Unfortunately, we are held to a higher moral esteem than criminals are. We can't be trusted with the ability to responsibly carry a fire arm for our own protection and the protection of our families and friends.Just this past weekend, in one of the wealthier neighborhoods there was a home robbery and rape of the home owner. If she had access to a firearm, how long do you think she would have remained a "victim"? Side note to this story, her son was in the house at the time. I think she would have fought like hell if she would have had the tools to do it. I bet she has them now!

[Guest GlocKingTN]

I was told "No guns on school property, PERIOD"! With the exception of dropping off and picking up kids!