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Discussion Starter · #1 ·
As my name states, I live in middle Tennessee (USA). We have a state-wide forum for gun owners. One of the forums was dedicated to handguns and CCW. A member stated he could not carry his weapon to work because he was a teacher at a school. I told him that the Federal Law states that he CAN carry a weapon in his vehicle (not talking about a parent/nor "non-parent dropping off nor picking up the child) as though the vehicle is at least 1000 feet from the school's property. Another member came back and said that.... (Well here is the copy, please help me out)

Originally Posted by MidTNShooter
The board of education, state and federal laws state you may carry a weapon in the vehicle IF you park the vehicle 1000 feet from school property. A parent MAY bring a weapon in their vehicle ONLY to drop off a child or PICK UP ONLY. Federal laws state you are not to park the vehicle on school property with a weapon inside.
He stated...


Can you quote those laws, because I think some of your information is dated. The Gun Free School Zones act which is the main offender with the 1000' rules was declared unconstitutional by the US Supreme Court over 10 years ago.

As far as a parent being the only person to bring a gun on school grounds if they are dropping their kid off or not, that's not really the case because the law doesn't specifically say "parent dropping off student." It says "a non-student adult" meaning if I go to a high school to watch a basketball game, I can have my gun in my car as long as I don't handle the gun. See the quote below. Check the law yourself at http://www.lexisnexis.com

As far as Board of Education rules, I searched all over the internet and could not find that regulation anywhere.

I'm not call you wrong on all these, but unless a law or regulation posted on an internet message board is quoted from the books, I'm not going to believe it unless I see it myself.
Quote:
39-17-1309. Carrying weapons on school property. —
(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.

I do not want to give him incorrect information. Please help me. This individual in a prior message stated that a teacher can and should carry when they should. I do not want to tell some teacher some bad information that could get them into trouble. Also I don't want that person to pass on wrong information to others. He is quoting laws, Can anyone help?

I believe in my laws, but I'm not sure of his motives. I don't know if he is mis-informed. I know that I need assistance.

Here is a link to our states laws/codes. http://198.187.128.12/tennessee/lpext.d ... in.htm&2.0 If you have time and can help, please do. He has come into the room and is filling wrong information. He looks like a LexisNexis junkie.

I believe that the Supreme Court is available to all that has alot of money for attorney's fees.

Take Care All !

MidTNShooter
 

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Hi,

If somebody has a question about the legality of this or that I recommend they discuss the issue with a lawyer or government official who is well acquainted with their state and local laws.

that being said...

Although, there is no federal prohibition against carrying a concealed weapon into a school - many states including Tennessee do have laws restricting the right to bear arms in a school.

Here's some info on the applicable Tennesee law from the gun control folks of the Brady Campaign:

http://www.bradycampaign.org/legislatio ... .php?st=tn

SCHOOL ZONES
Is it illegal for CCW permit holders to carry guns into schools?

"State law restricts carrying firearms into schools, except for law enforcement personnel. Even people with permits to carry concealed weapons (CCW) are prohibited from carrying weapons into schools.

However, concealed weapons are allowed to be kept in vehicles in school parking lots by non-students and may be carried by adults in a vehicle while dropping off or picking children up from school."
 

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usually leo or Gov official with gun has to check in with principal in some states or superintendant.

usually the knife route is good but always got that BS zero tolerance crap.
 

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Discussion Starter · #5 ·
Tennessee Codes state all guns may not be allowed on premise unless authorized by administration for educational purposes only or law enforcement.

I don't know if it is the law in the state where Columbine H.S. was, because there was a teacher who ran down the street to his car to get his pistol just to keep the killing to a minimum.

Come on Lawyers, keep 'em coming !

Thank you,
MTS
 

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Hi MidTNshooter,

Here's some info on Tennesee state laws from a 2001 ATF document.

ATF P 5300.5 (2001 – 23rd ed) pg371

Your friend on the board referenced 39-17-1309 subsection C
it is interesting to note the penalty for that carrying offense is a class B misdemeanor, however a violation for carrying with the intent to go armed as outlined in subsection B is a class E felony. I would interpret intent to go armed as intent to do harm in this context - but here is where a lawyer would come in handy.

subsection D states

(d)(1) Each chief administrator of a public or private school shall display in prominent locationsabout 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.

and subsection E lists some exceptions:

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

interestingly enough according to my reading of 39-17-1310
it is defensible to carry on school grounds if you are hunting with administration approval, or traversing un posted school property on your way to hunt, or attending a "gun & knife show" on school grounds with adminstration approval, or transporting someone to or from school as long as you do not use/remove the weapon or allow someone else to use/remove it.
 

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midtnshooter said:
I don't know if it is the law in the state where Columbine H.S. was, because there was a teacher who ran down the street to his car to get his pistol just to keep the killing to a minimum.
The law here in CO is much like yours, you cannot take a firearm into a school unless you are a LEO or the school is sponsering some event that would require a firearm.

You can bring it onto the school property as long as it remains secured in the car and is unloaded. Taking it in is a big no-no for K-12 and most higher learning institutions. Private schools make their own rules about what you can and cannot do (just like a privately owned business.) If you do get caught it's a class 2 misdemeanor.

-D
 
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