Thread: Answer please
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Old 06-30-2009, 08:21 PM   #4 (permalink)
Falcon1
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Where: Murfreesboro, TN
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Not necessarily. I have spoken with an attorney on this, and (b)(1) may also apply:

Quote:
(b) (1) It is an offense for any person to possess or carry, whether openly or concealed, with the intent to go armed [emphasis added], 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.
The affirmative defense of Chapter 39-17-1310 does not apply to staff members (and there is no definition in TCA of "intent to go armed," which means you are depending on the tender mercies of a prosecutor to decide to charge you with a felony or not). Until a court rules in precedent on this, you are taking your job and your freedom/criminal record into your hands. I am a public-school educator, and I would not test this. OMO, YMMV.

Last edited by Falcon1; 07-01-2009 at 06:40 AM..
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