Using handguns when under 21!

[24isBoss]

Can anyone tell me the T.C.A. code or state law that allows someone under the age of 21 to carry a firearm during their official duties? For example a State of Tennessee Correctional officer under 21 and on duty can carry a handgun while performing their duties. Thanks in advance!!

[LagerHead]

This is the code. It doesn't specifically mention age but it says that it is a defense if you are a law enforcement officer. I wasn't aware that someone under 21 could become a law enforcement officer though.

TCA 39-17-1350. Law enforcement officers permitted to carry firearms -- Exceptions -- Restrictions -- Identification card for corrections officers.

[tnhawk]

I can't remember it being a problem to carry a weapon on duty when I was under 21. The problem was avoiding the duty that required the weapons.

[Fallguy]

I'll go you one better....show me the TN law that says someone under 21 but over 18 can't carry a handgun.

You are probably thinking of the Federal Law that restricts the sale of handgunds by dealers with a FFL to those 21 and over.

The one TCA you may want to look at is 39-17-1319

[Oh Shoot]

I'll go you one better....show me the TN law that says someone under 21 but over 18 can't carry a handgun.

Did you mean "own" rather than "carry"?

- OS

[Fallguy]

Did you mean "own" rather than "carry"?

- OS

Oops.....yes I do

Not sue what I was thinking now...

Sort of weird that TN law has a general law about the possession of a handgun by those under 18, but only issues permits to those 21 or older.

But then again...lots of weird things about TN firearms laws...and laws when it comes to 18 and 21 year olds...

Edited February 19, 2012 by Fallguy

[Fallguy]

This is the code. It doesn't specifically mention age but it says that it is a defense if you are a law enforcement officer. I wasn't aware that someone under 21 could become a law enforcement officer though.

TCA 39-17-1350. Law enforcement officers permitted to carry firearms -- Exceptions -- Restrictions -- Identification card for corrections officers.

I think LagerHead is the one on to something. First thing 39-17-1350 says is that no matter any other law a LEO can carry at all times.

[Fallguy]

Ok...found it...

38-8-106. Qualifications of police officers.

Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall:

(1) Be at least eighteen (18) years of age;

(2) Be a citizen of the United States;

(3) Be a high school graduate or possess its equivalent, which shall include a general educational development (GED) certificate;

(4) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor or controlled substances;

(5) Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;

(6) Have the person's fingerprints on file with the Tennessee bureau of investigation;

(7) Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant;

(8) Have a good moral character as determined by a thorough investigation conducted by the employing agency; and

(9) Be free of all apparent mental disorders as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM-III) of the American Psychiatric Association. An applicant must be certified as meeting these criteria by a qualified professional in the psychiatric or psychological field.

Edited February 19, 2012 by Fallguy

[Fallguy]

Then for correction officers see 39-17-1350(f)(1)

The secretary of state shall, in consultation with the commissioner of correction, design and issue to each requesting inmate relations coordinator or correctional officer who is vested and employed by the department of correction, a state identification card certifying that the inmate relations coordinator or correctional officer is authorized to carry a firearm pursuant to this section.

Edited February 19, 2012 by Fallguy

[24isBoss]

Thanks so very much for the replys.......you've answered my question!!

[Guest Lester Weevils]

38-8-106. Qualifications of police officers.

Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall:

[snip]

(8) Have a good moral character as determined by a thorough investigation conducted by the employing agency; and

(9) Be free of all apparent mental disorders as described in the Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM-III) of the American Psychiatric Association. An applicant must be certified as meeting these criteria by a qualified professional in the psychiatric or psychological field.

Thanks for the interesting specs. I'm not critical of the specs. They sound reasonable and desirable.

Was just struck about how difficult the last two might be for the personnel dept to truly verify. Ain't saying it is impossible to do the job or it shouldn't be done. Only that those last two items would be a heck of a task to lay on a personnel admin, if the administrator happened to be obsessive-compulsive about doing a "perfect" job.

Maybe item 8 would not be super difficult to assure with some reasonable degree of certitude? Am ignorant of the time or difficulty of such investigations.

Item 9 looks like a ball-buster if the examining mental health professional were to take the requirement literally? I realize that they can only look for obvious problems and can't be expected to be held responsible if they happen to occasionally miss non-obvious issues. It would be relatively easy in a short time to rule out most major mental illness, most of the time. It is just a striking requirement as worded, if taken literally by the examiner. The "apparent" word in item 9 is the escape clause I suppose, which allows an exam of practical duration? The DSM is a HUGE book, and we are all described in there on at least one of the pages.

[Fallguy]

On item 9 AFAIK they basically give a standard test and conduct an interview. Also not really sure what any consequences would be for missing anything....

On 8, not sure who determines what is "thorough", but I'm sure it's done to the Chief's or Sheriff's satisfaction....