Question about Tennessee Carry permit


John Banks

New member
I am a permit holder in Tennessee, is it legal for me to leave my pistol in a locked car on a public school campus?
 

Tenn. Code Ann. § 39-17-1309

TENNESSEE CODE ANNOTATED
© 2016 by The State of Tennessee
All rights reserved

*** Current through the 2015 Regular Session ***

Title 39 Criminal Offenses
Chapter 17 Offenses Against Public Health, Safety and Welfare
Part 13 Weapons

Tenn. Code Ann. § 39-17-1309 (2016)

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, operated, or while in use 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) (A) 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, operated, or while in use 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.

(B) 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.

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

(d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6'') high and fourteen inches (14'') wide, stating:

FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.

(2) As used in this subsection (d), "prominent locations about a school" includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.

(e) Subsections (b) and (c) do not apply to the following persons:

(1) Persons employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons;

(2) Civil officers of the United States in the discharge of their official duties;

(3) Officers and soldiers of the militia and the national guard when called into actual service;

(4) Officers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, when in the discharge of their official duties;

(5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;

(6) Any private police employed by the administration or board of trustees of any public or private institution of higher education in the discharge of their duties;

(7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties; and

(8) (A) Persons possessing a handgun, who are authorized to carry the handgun pursuant to § 39-17-1351, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place;

(B) Subdivision (e)(8)(A) shall not apply if the permit holder:

(i) Possessed a handgun on property described in subdivision (e)(8)(A) that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted by this subsection (e); or

(ii) Possessed a handgun in the immediate vicinity of property that was, at the time of possession, in use 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 for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or any similar multi-use field; and

(iii) Knew or should have known that:

(a) An athletic event or school-related activity described in subdivision (e)(8)(B)(ii) was taking place on the property at the time of the possession; or

(b) The property on which the possession occurred was owned or operated by a school entity described in subdivision (e)(8)(B)(ii); or

(iv) Failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of:

(a) Its use for athletic or school-related purposes; or

(b) That it was, at the time of the possession, owned or operated by a school entity described in (e)(8)(B)(ii).

HISTORY: Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 8; 1991, ch. 510, §§ 1-3; 1996, ch. 1009, § 24; 2015, ch. 250, §§ 3, 4.
 
NavyLCDR is correct.

Tennessee law tends to be a little complex and is getting more complex every year, because carrying a loaded firearm is generally illegal in Tennessee. The law defines the exceptions under which it is not. Recent efforts in broadening gun rights have resulted in a myriad of exceptions and their legal interpretations.

39-17-1309 (c) (1) (B) was designed to allow Tennessee Handgun Carry Permit holders to pickup their kids from school while being armed, thus the listed requirements. Note that taking the gun out of the holster and storing it while on school ground is illegal, as you are handling the firearm. If you plan or expect to exit the car while on school grounds, unholster and store the firearm before entering, such as in a parking lot nearby.

Since we do not know why you asked this question, we can not provide further recommendations.
 
I am new to TN and have my carry permit. I work at a public school and do not want to break the law. My question is if I leave my pistol locked in my car while on campus at work would I be breaking the law? I have read that law posted front and back but it doesn't plainly say. One section sounds like I can then the next sounds like I can't
 
I am new to TN and have my carry permit. I work at a public school and do not want to break the law. My question is if I leave my pistol locked in my car while on campus at work would I be breaking the law? I have read that law posted front and back but it doesn't plainly say. One section sounds like I can then the next sounds like I can't

As I said, it looks complicated. There is also 39-17-1313 (Guns in Parking Lots), which stipulates the how in storing your gun. Also, the laws for postsecondary institutions just changed a few days ago for the better, see SB 1991.

It is my understanding that you can leave your firearm in the car as long as it is YOUR car, the firearm is kept from ordinary observation, and the firearm is LOCKED within the trunk, glove box, or container securely affixed to the car.

Since you didn't specify the type of school, you may also be interested in SB 2376, which hasn't been signed by our Governor yet.

I am not a lawyer.
 
I would suggest you consult a lawyer.

Directed at the OP:

I would suggest this too, for a very simple reason. TN gun laws have changed quite a bit in the last few years and it is difficult to keep track of them. In the odd event that someone sees you having a gun in the car, you will likely meet a school official that doesn't know the current law and potentially a police officer that doesn't know it either. If you have taken the TN Handgun Carry Permit class, you may want to ask the place if they can recommend a good lawyer.

PS: Welcome from East Tennessee.
 
Since you didn't specify the type of school, you may also be interested in SB 2376, which hasn't been signed by our Governor yet.

SB 2376 became law today without our Governor's signature. In a letter to the House and Senate speaker, Governor Bill Haslam wrote:

I am letting SB 2376 become law without my signature. I have long stated a preference for systems and institutions to be able to make their own decisions regarding security issues on campus, and I again expressed this concern throughout the legislative process this year. Although SB 2376 does not go as far as I would like in retaining campus control, the final version of the bill included input from higher education and was shaped to accommodate some of their concerns.

Ultimately, this legislation was tailored to apply to certain employees in specific situations, it provides protection from liability for the institutions, and it requires notification of law enforcement before carrying on campus. I hope that as a state we will monitor the impact of this new law and listen to the feedback of higher education leaders responsible for operationalizing it.
 
Thanks for keeping me in the loop. I wonder how this will affect public school like high schools etc. I just want to be able to leave my pistol in my car while at work at a high school.
 
Thanks for keeping me in the loop. I wonder how this will affect public school like high schools etc. I just want to be able to leave my pistol in my car while at work at a high school.

Well, SB 2376 permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. SB 1991, which was also enacted this year, prohibits public postsecondary institutions from taking any adverse action against an employee or student solely for such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle. Both of these do no apply to primary or secondary education institutions.

The way I read the existing Tennessee Code, anyone with a Tennessee Handgun Permit can have a firearm in his/her private vehicle while operating the vehicle and while the vehicle is on school property (TCA 39-17-1309 (c) (1) (B)). Also, anyone with a Tennessee Handgun Permit can have a firearm stored in his/her private vehicle while on or utilizing any public or private parking area (TCA 39-17-1313). In your case, you have to figure out if TCA 39-17-1309 (c) (1) (B) and TCA 39-17-1313 give you enough legal coverage for not committing a crime. In any case, if your school has a policy against having guns on school grounds, you still can get fired over it without facing criminal charges.

I would wait until the code has been updated and then consult a lawyer. Also, you always can park off-campus on a public road or parking lot and walk the rest to you school.
 
Well, SB 2376 permits full-time employees of state public colleges or universities to carry a handgun while on property owned, operated, or used by the employing college or university if the employee has a valid Tennessee handgun carry permit. SB 1991, which was also enacted this year, prohibits public postsecondary institutions from taking any adverse action against an employee or student solely for such person's lawful transportation and storage of a firearm or ammunition in the person's parked motor vehicle. Both of these do no apply to primary or secondary education institutions.

The way I read the existing Tennessee Code, anyone with a Tennessee Handgun Permit can have a firearm in his/her private vehicle while operating the vehicle and while the vehicle is on school property (TCA 39-17-1309 (c) (1) (B)). Also, anyone with a Tennessee Handgun Permit can have a firearm stored in his/her private vehicle while on or utilizing any public or private parking area (TCA 39-17-1313). In your case, you have to figure out if TCA 39-17-1309 (c) (1) (B) and TCA 39-17-1313 give you enough legal coverage for not committing a crime. In any case, if your school has a policy against having guns on school grounds, you still can get fired over it without facing criminal charges.

I would wait until the code has been updated and then consult a lawyer. Also, you always can park off-campus on a public road or parking lot and walk the rest to you school.
I would not trust that to keep you legal. TCA 39-17-1309 (c) (1) (B) does not allow you to "have" a firearm in your vehicle at school. It allows you to "possess" one in your vehicle, and those are two very different things in the eyes of the law. Possessing assumes that you are present, where having does not necessarily. You should follow the advice to consult an attorney.
 

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