Answer please

[sharpshooter01]

I work at a local community college. Under this code the way I read it, I can carry my pistol and leave it in my truck, correct? I don't want to be in the wrong if for some reason my truck was to get searched. I would be they only one to know the pistol was in the truck, I don't plan on "advertising" it being there.


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.

[bkelm18]

You are correct. You would not be in violation of the law if you kept it locked up in your car and not touch it while on school property.

[m&pc9]

I think you are alright with the laws. But be shore to check your employee hand book about your employers rules.

[Falcon1]

Not necessarily. I have spoken with an attorney on this, and (b)(1) may also apply:

(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.

[DavidD]

I have to agree with Falcon. It is not legal IMO. In fact, I was informed that "if" I were to go to say a school play and left my weapon in my car, it would be illegal. These are the only listed defenses and remember you can be arrested and charged with almost anything
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:

(1) A person hunting during the lawful hunting season on lands owned by any public or private educational institution and designated as open to hunting by the administrator of the educational institution;
(2) A person possessing unloaded hunting weapons while transversing the grounds of any public or private educational institution for the purpose of gaining access to public or private lands open to hunting with the intent to hunt on the public or private lands unless the lands of the educational institution are posted prohibiting entry;
(3) A person possessing guns or knives when conducting or attending “gun and knife shows” and the program has been approved by the administrator of the educational institution; or
(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.

[sharpshooter01]

I love laws. You think you can do something then there's a loop hole.

[RinTN]

Not necessarily. I have spoken with an attorney on this, and (b)(1) may also apply:

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," ...

It would be nice if TCA gave a distinct definition. This is one of big reasons I would like to see the state's right to bare to include you vehicle as well as your home.

With that said, there is an AG opinion that states, "... It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive. ..."

So, related to the original question, do you think that an unloaded and/or inaccessible handgun would be acceptable under the law? Also, do you know if TCA defines "weapon" so that an unloaded handgun would be included or not?

[Ggun]

It would be nice if TCA gave a distinct definition. This is one of big reasons I would like to see the state's right to bare to include you vehicle as well as your home.

With that said, there is an AG opinion that states, "... It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive. ..."


So, related to the original question, do you think that an unloaded and/or inaccessible handgun would be acceptable under the law? Also, do you know if TCA defines "weapon" so that an unloaded handgun would be included or not?

How do you brush past the part about "operated by the adult" while your car is sitting several hundred yards away in a parking lot?

I know many here think one operates a motor vehicle by carrying car keys on their person, but that is illogical.

[Falcon1]

It would be nice if TCA gave a distinct definition. [emphasis added] This is one of big reasons I would like to see the state's right to bare to include you vehicle as well as your home.

With that said, there is an AG opinion that states, "... It prohibits the carrying of a firearm with the intent to go armed. Thus, the carrying of a firearm is prohibited only when it is carried in a manner so as to be "readily accessible and available for use in the carrying out of purposes either offensive or defensive. ..."

So, related to the original question, do you think that an unloaded and/or inaccessible handgun would be acceptable under the law? Also, do you know if TCA defines "weapon" so that an unloaded handgun would be included or not? [emphasis added]

#1. Yes, it sure would.

#2. The attorney I spoke to advised me to do this when picking up my son from college (he carries and does the same when picking up his son from college; also, I often drive a truck, so trunk separation is not an option): lock the unloaded firearm in a gun safe, lock the ammunition in a separate container with a different key, THEN do absolutely nothing wrong--obey all traffic laws, etc.

And his last comment to me was, "And you are still taking a chance on a felony charge."

[RinTN]

How do you brush past the part about "operated by the adult" while your car is sitting several hundred yards away in a parking lot?

I know many here think one operates a motor vehicle by carrying car keys on their person, but that is illogical.

I didn't intend to be discussing the issue of "operated" one way or the other when quoting the AG opinion. I was just pointing out that we do have at least some definition of "intent to go armed", which Falcon1 brought up. So, I think we would probably not be at great risk for the felony charge simply by having a handgun stored in a vehicle.

My questions were asked with the thought that if an unloaded, inaccessible handgun doesn't meet the legal definition of "weapon" or "firearm", then the part about "operated by the adult" is immaterial.