Jump to content

SB 0070 by Kelsey - Possession of firemarm in vehicle parked on school property


Recommended Posts

And so the new offerings begin:  first up, a little ditty by our good friend and Constitutional scholar Sen KelseyAs of Jan 19, it has no House sponsorSenate co-sponsor is Janice Bowling.

 

----------------------------------------------------

 

SECTION 1.
Tennessee Code Annotated, Section 39-17-1309(e),is amended by adding the following language as a new, appropriately designated subdivision:
Any person who transports and stores a firearm or firearm ammunition in compliance with § 39-17-1313 while on or using a parking area located on property
owned, used, or operated by a school;
 
SECTION 2.
This act shall take effect upon becoming a law, the public welfare requiring it.
  • Like 1
Link to comment

What I have copied above is the entire content of the bill. 

 

I have no use for Kelsey after his first tenure on the Sen. Justice Cmte - thsu, my intro.  But the bill content speaks for itself - offered here for comment and analysis.

Link to comment

What I have copied above is the entire content of the bill. 

 

I have no use for Kelsey after his first tenure on the Sen. Justice Cmte - thsu, my intro.  But the bill content speaks for itself - offered here for comment and analysis.

Hard to analyze when there is no context. is this to make it legal, illegal etc.  Maybe a link to the source?

Link to comment

See the red text below.  That is what the law would look like if the proposed bill is passed

 

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, 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.

(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, 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.

      ( 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; and

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

 

   (8)  Any person who transports and stores a firearm or firearm ammunition in compliance with § 39-17-1313 while on or using a parking area located on property

owned, used, or operated by a school;
Edited by Garufa
Link to comment

Ok, so

 

 

See the red text below.  That is what the law would look like if the proposed bill is passed

 

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, 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.

(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, 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.

      ( 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; and

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

 

   (8)  Any person who transports and stores a firearm or firearm ammunition in compliance with § 39-17-1313 while on or using a parking area located on property

owned, used, or operated by a school;

 

Ah, so I take that to be a good thing.  It codifies the ability to store your weapon in your vehicle when you have to go inside for any reason.  1 ( b ) it allows possession, and this one allows storage.  

Link to comment

They have made is exceedingly difficult to find the full text of a bill.  Rather than having a simple "full text of bill" type like before the site was redesigned you have to click on the bill name to the far left of the page...then the pdf will appear.

 

Complete failure on what is otherwise a seemingly decent new layout.

Link to comment

So far, I'm actually finding this layout to be a bit more user-friendly than the old one.  We'll see if that continues to play out as the complexity grows during the session.

 

As far as SB 0070 - if all you desire is the ability to keep a firearm in the car while in a school parking lot, then it looks like this version might float your boat.  Seems a narrowly designed "fix"...a tactic that worked well for the Est (R)s last year for the parking lot bill: push through a very narrow fix early on so we can get 'em off our back by offering a pittance with regards to firearms legislation, then move on to "more important matters".  This time Kelsey gets to play Green's role from last year.

 

It does not address the fatal flaw in section b (1) - the flaw that converts an otherwise-legal firearms possession into a Class E felony when a high school cross-country team shows up on the other side of the park.  Instead, this new proposal re-enforces the language that creates the trap in section b (1):  "...property owned, used or operated by...". 

  • Like 1
Link to comment

It already is legal to possess a firearm at a school under 39-17-1313 (safe commute law) if you have a handgun carry permit and the firearm is in your vehicle. This bill doesn't do much but clarify that such activity is legal.

 

I thought so too. -1313 doesn't say anything about "notwithstanding -1309 (or -1311 parks etc.)" so it would apply everywhere, right? What exactly is the point of this addition to -1309?

Edited by monkeylizard
Link to comment

<<It already is legal to possess a firearm at a school under 39-17-1313 (safe commute law) if you have a handgun carry permit and the firearm is in your vehicle.  This bill doesn't do much but clarify that such activity is legal.>>

<<What exactly is the point of this addition to -1309?>>

 

As the abstract to the bill states:  "As introduced, clarifies that it is not an offense for a person to transport and properly store a firearm in a motor vehicle parked on school property. - Amends TCA Title 39, Chapter 17, Part 13 and Title 49."

Link to comment

IIRC, there was consideration in some quarters that the relationship between last year's change to 1313 and the existing language in 1309 might lead to ambiguity in some interpretations.  This is apparently a 'fix' to pre-empt any such ambiguity - if it ever indeed existed.  Like I said earlier, far more a red herring in my book than a really necessary substantive change...but why should we expect any different, considering the source? 

Link to comment

So it expressly states that -1313 applies to schools even though -1313 already applies to schools? That's some valuable legislation right there.

 

1313 requires that you have a permt. This bill would allow non-permit holders to do same. The reference to 1313 is for how the firearms must be stored in vehicle.

 

Right now, anyone may have firearms in vehicle, but that does not override 1359, 1311, or 1309 unless you have a permit. Dunno why he limited the thing to just 1309.

 

- OS

Edited by Oh Shoot
  • Like 1
Link to comment

I would like to see NFA legalized without the defense to prosecution part. That is just rip for overzealous officers to begin arresting people for having NFA items and letting the courts dismiss the charges.

 

I would also like to see loaded long gun carry be legalized for HCP holders. Problem is we will see all the Open Carry buffoons ruining it really quickly for us. Heck, I would be happy with a requirement to conceal providing I can carry a loaded rifle or shotgun anywhere I can carry a pistol right now.

Link to comment

You can bet the folks at UT will not let this one go unscathed.  Watch for either an amendment to essentially render the bill toothless, or the ascension of a weaker bill that will garner enough support from the indebted Est Rs to bury this one.

Link to comment

You can bet the folks at UT will not let this one go unscathed.  Watch for either an amendment to essentially render the bill toothless, or the ascension of a weaker bill that will garner enough support from the indebted Est Rs to bury this one.

Ok, wth is Est Rs?  I am sure its something to do with Republican but Est?  Established?, Estimated? 

  • Like 1
Link to comment

You can bet the folks at UT will not let this one go unscathed.  Watch for either an amendment to essentially render the bill toothless, or the ascension of a weaker bill that will garner enough support from the indebted Est Rs to bury this one.

 

They didn't make a peep about 1313 which gives same permission to permit holders.

 

Although of course TN Board of Regents has stated since that folks are still subject to firing/expulsion if caught. A fight they'll lose in court if ever challenged.

 

- OS

Edited by Oh Shoot
Link to comment

This extends 1313 to school property for non-HCP holders.

 

It would be a good law if passed.

 

So it expressly states that -1313 applies to schools even though -1313 already applies to schools? That's some valuable legislation right there.

 

Link to comment

The way I read the bill, you would still need a permit to have a firearm in your vehicle, since 39-17-1313 safe commute law just covers people with permits.  Maybe I am reading this bill wrong.

 

The way I read it, the reference to 1313 is only for how firearms must be stored in vehicle. Otherwise this bill would indeed have no purpose at all.

 

- OS

Link to comment

Very limited bill for college students and staff/faculty.

 

Unless the Tennessee Board of Regents is prohibited from making it a violation of TBR/School policy, there will still be a prohibition, with the penalty of expulsion for students who have a firearm in their vehicle, even if they have a HCP.  The only change that was brought about with the recent vehicle carry law was that they couldn't have you arrested for it if a HCP holder was caught doing it.

Edited by btq96r
Link to comment

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

TRADING POST NOTICE

Before engaging in any transaction of goods or services on TGO, all parties involved must know and follow the local, state and Federal laws regarding those transactions.

TGO makes no claims, guarantees or assurances regarding any such transactions.

THE FINE PRINT

Tennessee Gun Owners (TNGunOwners.com) is the premier Community and Discussion Forum for gun owners, firearm enthusiasts, sportsmen and Second Amendment proponents in the state of Tennessee and surrounding region.

TNGunOwners.com (TGO) is a presentation of Enthusiast Productions. The TGO state flag logo and the TGO tri-hole "icon" logo are trademarks of Tennessee Gun Owners. The TGO logos and all content presented on this site may not be reproduced in any form without express written permission. The opinions expressed on TGO are those of their authors and do not necessarily reflect those of the site's owners or staff.

TNGunOwners.com (TGO) is not a lobbying organization and has no affiliation with any lobbying organizations.  Beware of scammers using the Tennessee Gun Owners name, purporting to be Pro-2A lobbying organizations!

×
×
  • Create New...

Important Information

By using this site, you agree to the following.
Terms of Use | Privacy Policy | Guidelines
 
We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.