TN guys, a little help with this re: CCW... IMPORTANT UPDATE - SEE POST #6

[Tangle]

I was stunned when I saw this bill:

HB 1806
West CRIMINAL LAW: Carrying handgun on school grounds with permit - in vehicle. Authorizes a non-student adult who has a handgun carry permit to carry a firearm if the firearm is contained within a private vehicle 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. (SENATE: SB 1622, Beavers; Referred to Senate Judiciary.)

I wasn't stunned because of the bill, but because I thought this was already law. I had referred to the school premises thing and a someone posted a section of the TCA (Tennessee Code Annotated) that clearly stated that a non-student could have a gun in a vehicle on school property if the gun was not handled nor carried outside the vehicle.

I looked this up myself in the TCA and printed out several copies for friends and they agreed it permitted a non-student to have a gun in a vehicle as per above.

Then I see the bill posted above and it appears to be the exact wording of the TCA that already exists. I did a search (cursory) of the TCA and can not find that anywhere!

Can anyone shed some light on this?

[DefensiveCarry.com]

[orangevol]

The way I read this, it is already permissable as stated below.

I copied this from the Handgun Carry Permit T.C.A. Codes website:

Handgun Carry Permit Related Laws

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.

[Tangle]

There ya go! Thanks much.

So, what on earth is HB 1806 about?????

[Overtaker]

There's a difference.

Current code: 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.

Bill: Handgun Permits - As introduced, allows non-student adult who has a permit to carry a handgun to carry gun onto school grounds if gun remains within private vehicle and is not handled by the adult or a person acting with the adult's consent. - Amends TCA Title 39, Chapter 17, Part 13.

[Tangle]

I'm still a bit confused. Neither current or the proposed bill allows the gun to be outside the vehicle in any way. The current law in no way stipulates that the "possessed" firearm cannot be on the person - at least I can't see it from the language.

So I presume the current law is somehow being interpreted to mean a permit holder can have a loaded gun in the car, say in the glovebox or under the seat, but he can not have it on him, i.e. in holster on his person while he is in the car on school property?

Further, I presume the proposed bill allows the person to actually have it on his person while in the car on school property???

[Tangle]

This is John Harris' (Tennessee Firearms Association) thoughts on the issue:

"The entire school grounds issue is poorly written and we have been trying to change it now for 15 years.

The problem arises under the distinction(s) if any between 39-17-1309 subsections B and C. B is almost always applied by law enforcement and DA's to bolster the position that knowing possession on school grounds, even in a car, is a felony. C has, in my experience, only been used when a firearm is discovered in a vehicle and law enforcement believes that at the time the driver was unaware that it was in the vehicle."

So, according to John, we still cannot knowingly carry a gun on school property in a vehicle.