Amends TCA Title 39, Chapter 17, Part 13; Title 49, Chapter 6 and Title 55, Chapter 10.
PROHIBITED FIREARM REGISTRIES<br /> <br /> Present law prohibits a state or local government entity, official, employee, or agent from knowingly creating or maintaining any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities. However, such prohibition does not apply to a record created, received, or maintained by the Tennessee peace officer standards and training (POST) commission; the Jerry F. Agee Tennessee law enforcement training academy; or a law enforcement agency that authorizes certain employees with an enhanced carry permit to carry a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed. This bill deletes such exemption.<br /> <br /> CARRYING WEAPONS ON SCHOOL PROPERTY<br /> <br /> Present law provides that it is a Class E felony to possess or carry, whether openly or concealed, with the intent to go armed, a 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 a public or private school campus, grounds, recreation area, athletic field, or other property owned, operated, or while in use by a board of education, school, college or university board of trustees, regents, or directors for the administration of a public or private educational institution.<br /> <br /> This bill rewrites the provision above to only prohibit the possession or carrying of such weapons, excluding switchblade knives, while inside a school that offers any of the grades K-12; and further provides that a violation is a Class E felony only if the school property was properly posted according to this bill.<br /> <br /> Present law provides that it is a Class B misdemeanor for a person to possess or carry, whether openly or concealed, a firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in a public or private school building or bus, on a public or private school campus, grounds, recreation area, athletic field, or other property owned, operated, or while in use by a board of education, school, college or university board of trustees, regents, or directors for the administration of a public or private educational institution.<br /> <br /> This bill rewrites the provision above to only prohibit the possession or carrying of a firearm while inside a school that offers any of the grades K-12; and further provides that a violation is a Class B misdemeanor only if the school property was properly posted according to this bill.<br /> <br /> Present law requires each chief administrator of a public or private school to display in prominent locations about the school a sign, at least six inches high and 14 inches wide, stating that it is a felony, punishable by up to six years imprisonment and a fine not to exceed $3,000 for carrying weapons on school property. This bill rewrites this provision to only apply to each administrator of a school that offers any of the grades K-12.<br /> <br /> Present law provides that the above offenses for possessing or carrying weapons on school property do not apply to certain persons, including, but not limited to:<br /> <br /> (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;<br /> <br /> (2) 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;<br /> <br /> (3) 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;<br /> <br /> (4) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties<br /> <br /> (5) (A) Persons possessing a handgun, who are enhanced handgun carry permit holders, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place;<br /> <br /> (B) However, (5)(A) does not apply if the enhanced handgun carry permit holder possessed a handgun on, or in the immediate vicinity of property that was in use or owned or operated by a board of education, school, college, or university board of trustees, regents, or directors; and the enhanced handgun carry permit holder should have known that a school related activity was taking place, or the property was owned or operated by a school entity described above; or the enhanced handgun carry permit holder failed to take reasonable steps to leave after becoming aware of the property's school related purposes;<br /> <br /> (6) Persons permitted to carry a handgun on the property of private K-12 schools, and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to provisions governing handgun carry policies. However, this (6) only applies to the school or institution where the person is located, when that school or institution has adopted a handgun carry policy, while the person is on the property or grounds covered by the school or institution's policy;<br /> <br /> (7) Persons carrying a handgun pursuant to provisions of the Schools Against Violence in Education (SAVE) Act; provided, that this (10) only applies within and on the grounds of the school for which the person is authorized;<br /> <br /> (8) Employees authorized to carry a handgun pursuant to an enhanced handgun carry permit on property owned, operated, or controlled by the public institution of higher education at which the employee is employed;<br /> <br /> (9) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and<br /> <br /> (10) Any employee:<br /> <br /> (A) Of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system;<br /> <br /> (B) Of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or<br /> <br /> (C) With prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.<br /> <br /> This bill makes the following changes to (1)-(10) above:<br /> <br /> (1) Deletes (5)(B), (8), (9), and (10);<br /> <br /> (2) Rewrites (1) to include persons employed in the space force, and removes the requirement the persons listed in (1) must be acting under orders requiring them to carry weapons;<br /> <br /> (3) Removes from (4) the requirement that the officers listed must be in the discharge of their official duties;<br /> <br /> (4) Rewrites (6) to only exempt persons permitted to carry a handgun on the property of private K-12 schools, and to delete the provisions limiting the application of (6);<br /> <br /> (5) Rewrites (7) to remove the provision stating that (7) only applies within and on the grounds of the school for which the person is authorized; and<br /> <br /> (6) Adds to the list of exempt persons:<br /> <br /> (A) Nonstudent adults carrying a pocket knife, pepper spray, pepper gel, or mace while on school property for any lawful purpose; and<br /> <br /> (B) Any person who is authorized to carry a weapon under federal law.<br /> <br /> AFFIRMATIVE DEFENSE<br /> <br /> This bill provides that it is an affirmative defense to prosecution under the above Class E felony that the person's behavior was in strict compliance with the requirements of one of the following classifications:<br /> <br /> (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;<br /> <br /> (2) A person possessing unloaded hunting weapons while traversing 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;<br /> <br /> (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<br /> <br /> (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.<br /> <br /> Pursuant to this bill, the above offenses for carrying weapons on school property do not apply to universities, college campuses, and other public or private non-K-12 educational institutions or property. This bill does not prohibit the possession or carrying of a firearm on the property of any university, college campus, or other public or private non-K-12 educational institution by an adult who is not prohibited from carrying a firearm.<br /> <br /> Additionally, this bill does not prohibit an adult student or other adult person permitted to be on campus or the school's or educational institution's property from possessing mace, pepper spray, or pepper gel for purposes of self-defense. However, this bill does prohibit a public or private school, university, or educational institution from prohibiting an adult student or other adult person permitted to be on campus or the school's or educational institution's property from possessing mace, pepper spray, or pepper gel for purposes of self-defense.<br /> <br /> CARRYING WEAPONS ON PUBLIC RECREATIONAL BUILDINGS AND GROUNDS<br /> <br /> This bill deletes a provision of present law that generally makes it a Class A misdemeanor for a person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by law, not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.<br /> <br /> LAW ENFORCEMENT OFFICERS PERMITTED TO CARRY FIREARMS<br /> <br /> Present law generally authorizes a law enforcement officer to carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency.<br /> <br /> This bill deletes a provision of present law that provides that the authority conferred by the above provision does not extend to a law enforcement officer:<br /> <br /> (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; <br /> <br /> (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or<br /> <br /> (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.<br /> <br /> PROHIBITION OR RESTRICTION ON A PERMIT HOLDER'S POSSESSION OF FIREARMS ON PROPERTY OWNED BY AN ENTITY OF LOCAL GOVERNMENT.<br /> <br /> Present law generally does not authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property:<br /> <br /> (1) Metal detection devices;<br /> <br /> (2) At least one law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and<br /> <br /> (3) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in (2) or an authorized representative with the authority to deny entry to the property.<br /> <br /> This bill deletes a provision of present law that provides that the provision above does not apply to property on which firearms are prohibited by other provisions regarding carrying weapons on school property or public recreational buildings and ground.<br /> <br /> PARENTAL OR GUARDIAN NOTICE TO SCHOOL OF CHILD'S CRIMINAL OFFENSES<br /> <br /> Under present law, if a student has at any time been adjudicated delinquent for certain offenses, the parents, guardians or legal custodians, including the department of children's services acting in any capacity and a school administrator of any school having previously received the same or similar notice from the juvenile court or another source, must provide to a school principal, or a principal's designee, certain information when any such student:<br /> <br /> (1) Initially enrolls in an LEA;<br /> <br /> (2) Resumes school attendance after suspension, expulsion or adjudication of delinquency; or<br /> <br /> (3) Changes schools within this state.<br /> <br /> This bill deletes a provision of present law that requires the parents, guardians, or legal custodians, including the department of children's services acting in any capacity, to provide notification as required above, if the student has been adjudicated delinquent in this state for carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds.<br />
PROHIBITED FIREARM REGISTRIES<br /> <br /> Present law prohibits a state or local government entity, official, employee, or agent from knowingly creating or maintaining any firearm registry with the intent to record the possession or ownership of a firearm or firearm accessory by individuals or non-governmental entities. However, such prohibition does not apply to a record created, received, or maintained by the Tennessee peace officer standards and training (POST) commission; the Jerry F. Agee Tennessee law enforcement training academy; or a law enforcement agency that authorizes certain employees with an enhanced carry permit to carry a handgun on property owned, operated, or controlled by the public institution of higher education at which the employee is employed. This bill deletes such exemption.<br /> <br /> CARRYING WEAPONS ON SCHOOL PROPERTY<br /> <br /> Present law provides that it is a Class E felony to possess or carry, whether openly or concealed, with the intent to go armed, a 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 a public or private school campus, grounds, recreation area, athletic field, or other property owned, operated, or while in use by a board of education, school, college or university board of trustees, regents, or directors for the administration of a public or private educational institution.<br /> <br /> This bill rewrites the provision above to only prohibit the possession or carrying of such weapons, excluding switchblade knives, while inside a school that offers any of the grades K-12; and further provides that a violation is a Class E felony only if the school property was properly posted according to this bill.<br /> <br /> Present law provides that it is a Class B misdemeanor for a person to possess or carry, whether openly or concealed, a firearm, not used solely for instructional or school-sanctioned ceremonial purposes, in a public or private school building or bus, on a public or private school campus, grounds, recreation area, athletic field, or other property owned, operated, or while in use by a board of education, school, college or university board of trustees, regents, or directors for the administration of a public or private educational institution.<br /> <br /> This bill rewrites the provision above to only prohibit the possession or carrying of a firearm while inside a school that offers any of the grades K-12; and further provides that a violation is a Class B misdemeanor only if the school property was properly posted according to this bill.<br /> <br /> Present law requires each chief administrator of a public or private school to display in prominent locations about the school a sign, at least six inches high and 14 inches wide, stating that it is a felony, punishable by up to six years imprisonment and a fine not to exceed $3,000 for carrying weapons on school property. This bill rewrites this provision to only apply to each administrator of a school that offers any of the grades K-12.<br /> <br /> Present law provides that the above offenses for possessing or carrying weapons on school property do not apply to certain persons, including, but not limited to:<br /> <br /> (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;<br /> <br /> (2) 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;<br /> <br /> (3) 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;<br /> <br /> (4) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties<br /> <br /> (5) (A) Persons possessing a handgun, who are enhanced handgun carry permit holders, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place;<br /> <br /> (B) However, (5)(A) does not apply if the enhanced handgun carry permit holder possessed a handgun on, or in the immediate vicinity of property that was in use or owned or operated by a board of education, school, college, or university board of trustees, regents, or directors; and the enhanced handgun carry permit holder should have known that a school related activity was taking place, or the property was owned or operated by a school entity described above; or the enhanced handgun carry permit holder failed to take reasonable steps to leave after becoming aware of the property's school related purposes;<br /> <br /> (6) Persons permitted to carry a handgun on the property of private K-12 schools, and persons permitted to carry a handgun on the property of private for-profit or nonprofit institutions of higher education pursuant to provisions governing handgun carry policies. However, this (6) only applies to the school or institution where the person is located, when that school or institution has adopted a handgun carry policy, while the person is on the property or grounds covered by the school or institution's policy;<br /> <br /> (7) Persons carrying a handgun pursuant to provisions of the Schools Against Violence in Education (SAVE) Act; provided, that this (10) only applies within and on the grounds of the school for which the person is authorized;<br /> <br /> (8) Employees authorized to carry a handgun pursuant to an enhanced handgun carry permit on property owned, operated, or controlled by the public institution of higher education at which the employee is employed;<br /> <br /> (9) Any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system when in the discharge of the employee's official duties and with prior authorization from the chancellor of the University of Tennessee institute of agriculture; or any employee of the University of Tennessee institute of agriculture or a college or department of agriculture at a campus in the University of Tennessee system, and any member of the employee's household, living in a residence owned, used, or operated by the University of Tennessee, if the employee has prior authorization from the chancellor of the University of Tennessee institute of agriculture and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; and<br /> <br /> (10) Any employee:<br /> <br /> (A) Of the university's college or department of agriculture when in the discharge of the employee's official duties and with prior authorization from the president of a university in the board of regents system;<br /> <br /> (B) Of the university's college or department of agriculture, and any member of the employee's household, living in a residence owned, used, or operated by the university, if the employee has prior authorization from the president of a university in the board of regents system and the employee and household members are permitted to possess firearms in their residence under Tennessee and federal law; or<br /> <br /> (C) With prior authorization of the president of a university in the board of regents system, who is engaged in wildlife biology or ecology research and education for the purpose of capture or collection of specimens.<br /> <br /> This bill makes the following changes to (1)-(10) above:<br /> <br /> (1) Deletes (5)(B), (8), (9), and (10);<br /> <br /> (2) Rewrites (1) to include persons employed in the space force, and removes the requirement the persons listed in (1) must be acting under orders requiring them to carry weapons;<br /> <br /> (3) Removes from (4) the requirement that the officers listed must be in the discharge of their official duties;<br /> <br /> (4) Rewrites (6) to only exempt persons permitted to carry a handgun on the property of private K-12 schools, and to delete the provisions limiting the application of (6);<br /> <br /> (5) Rewrites (7) to remove the provision stating that (7) only applies within and on the grounds of the school for which the person is authorized; and<br /> <br /> (6) Adds to the list of exempt persons:<br /> <br /> (A) Nonstudent adults carrying a pocket knife, pepper spray, pepper gel, or mace while on school property for any lawful purpose; and<br /> <br /> (B) Any person who is authorized to carry a weapon under federal law.<br /> <br /> AFFIRMATIVE DEFENSE<br /> <br /> This bill provides that it is an affirmative defense to prosecution under the above Class E felony that the person's behavior was in strict compliance with the requirements of one of the following classifications:<br /> <br /> (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;<br /> <br /> (2) A person possessing unloaded hunting weapons while traversing 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;<br /> <br /> (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<br /> <br /> (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.<br /> <br /> Pursuant to this bill, the above offenses for carrying weapons on school property do not apply to universities, college campuses, and other public or private non-K-12 educational institutions or property. This bill does not prohibit the possession or carrying of a firearm on the property of any university, college campus, or other public or private non-K-12 educational institution by an adult who is not prohibited from carrying a firearm.<br /> <br /> Additionally, this bill does not prohibit an adult student or other adult person permitted to be on campus or the school's or educational institution's property from possessing mace, pepper spray, or pepper gel for purposes of self-defense. However, this bill does prohibit a public or private school, university, or educational institution from prohibiting an adult student or other adult person permitted to be on campus or the school's or educational institution's property from possessing mace, pepper spray, or pepper gel for purposes of self-defense.<br /> <br /> CARRYING WEAPONS ON PUBLIC RECREATIONAL BUILDINGS AND GROUNDS<br /> <br /> This bill deletes a provision of present law that generally makes it a Class A misdemeanor for a person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by law, not used solely for instructional, display or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, or instrumentality thereof, for recreational purposes.<br /> <br /> LAW ENFORCEMENT OFFICERS PERMITTED TO CARRY FIREARMS<br /> <br /> Present law generally authorizes a law enforcement officer to carry firearms at all times and in all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, federal law, lawful orders of court or the written directives of the executive supervisor of the employing agency.<br /> <br /> This bill deletes a provision of present law that provides that the authority conferred by the above provision does not extend to a law enforcement officer:<br /> <br /> (1) Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office; <br /> <br /> (2) Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue; or<br /> <br /> (3) Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding.<br /> <br /> PROHIBITION OR RESTRICTION ON A PERMIT HOLDER'S POSSESSION OF FIREARMS ON PROPERTY OWNED BY AN ENTITY OF LOCAL GOVERNMENT.<br /> <br /> Present law generally does not authorize an entity of local government or a permittee thereof to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless the following are provided at each public entrance to the property:<br /> <br /> (1) Metal detection devices;<br /> <br /> (2) At least one law enforcement or private security officer who has been adequately trained to conduct inspections of persons entering the property by use of metal detection devices; and<br /> <br /> (3) That each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer described in (2) or an authorized representative with the authority to deny entry to the property.<br /> <br /> This bill deletes a provision of present law that provides that the provision above does not apply to property on which firearms are prohibited by other provisions regarding carrying weapons on school property or public recreational buildings and ground.<br /> <br /> PARENTAL OR GUARDIAN NOTICE TO SCHOOL OF CHILD'S CRIMINAL OFFENSES<br /> <br /> Under present law, if a student has at any time been adjudicated delinquent for certain offenses, the parents, guardians or legal custodians, including the department of children's services acting in any capacity and a school administrator of any school having previously received the same or similar notice from the juvenile court or another source, must provide to a school principal, or a principal's designee, certain information when any such student:<br /> <br /> (1) Initially enrolls in an LEA;<br /> <br /> (2) Resumes school attendance after suspension, expulsion or adjudication of delinquency; or<br /> <br /> (3) Changes schools within this state.<br /> <br /> This bill deletes a provision of present law that requires the parents, guardians, or legal custodians, including the department of children's services acting in any capacity, to provide notification as required above, if the student has been adjudicated delinquent in this state for carrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds.<br />
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