Amends TCA Title 39 and Title 49.
Present law generally provides that it is a Class E felony 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, operated, or while in use 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. However, it is not an offense under the above provisions for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult. Present law generally provides that it is a Class B misdemeanor 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, operated, or while in use 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. However, it is not an offense under the above provisions 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. This bill adds to the present law by clarifying that it is not a violation under the above provisions for an adult person to carry or possess pepper spray, pepper gel, mace, a taser, a stun gun, or another similar device for purposes of self-defense when in any public or private school building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution. This bill also adds to the present law by prohibiting a college, university, or other educational institution from prohibiting an adult person, including a staff member, student, employee, and other adult individuals lawfully present on the college's, university's, or institution's property from carrying pepper spray, pepper gel, mace, a taser, a stun gun, or another similar device for purposes of self-defense when in any public or private school building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution. ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1909, AS AMENDED. AMENDMENT #1 rewrites the bill to make changes to law relative to carrying weapons on school property, as described below: NON-LETHAL WEAPONS This amendment prohibits a public college or university or other public institution of higher education from prohibiting an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution. This amendment defines a "non-lethal weapon" as pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device. GROUNDS OF PRE-K-12 SCHOOL This amendment authorizes a public college or university or other public institution of higher education to prohibit the carrying of non-lethal weapons on the grounds of any pre-K-12 school located on its campus. ARMED SECURITY This amendment authorizes a public college or university or other public institution of higher education to prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract. ON MARCH 28, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1909 FOR SENATE BILL 1868, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1909, AS AMENDED. AMENDMENT #1 names the bill the "Laken Riley Act of 2024."
Present law generally provides that it is a Class E felony 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, operated, or while in use 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. However, it is not an offense under the above provisions for a nonstudent adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if the pocket knife is concealed on the adult's person and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult. Present law generally provides that it is a Class B misdemeanor 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, operated, or while in use 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. However, it is not an offense under the above provisions 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. This bill adds to the present law by clarifying that it is not a violation under the above provisions for an adult person to carry or possess pepper spray, pepper gel, mace, a taser, a stun gun, or another similar device for purposes of self-defense when in any public or private school building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution. This bill also adds to the present law by prohibiting a college, university, or other educational institution from prohibiting an adult person, including a staff member, student, employee, and other adult individuals lawfully present on the college's, university's, or institution's property from carrying pepper spray, pepper gel, mace, a taser, a stun gun, or another similar device for purposes of self-defense when in any public or private school building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public or private educational institution. ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1909, AS AMENDED. AMENDMENT #1 rewrites the bill to make changes to law relative to carrying weapons on school property, as described below: NON-LETHAL WEAPONS This amendment prohibits a public college or university or other public institution of higher education from prohibiting an adult person, including, but not limited to, a staff member, student, employee, and other adult person lawfully present on the property of the college, university, or institution from carrying a non-lethal weapon for purposes of self-defense when in any building or bus, on the campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any college or university board of trustees, regents, or directors for the administration of any public higher educational institution. This amendment defines a "non-lethal weapon" as pepper spray, a pepper spray gun, pepper gel, mace, a stun gun, an electronic control device, or other conducted energy device. GROUNDS OF PRE-K-12 SCHOOL This amendment authorizes a public college or university or other public institution of higher education to prohibit the carrying of non-lethal weapons on the grounds of any pre-K-12 school located on its campus. ARMED SECURITY This amendment authorizes a public college or university or other public institution of higher education to prohibit the carrying of non-lethal weapons in any building where armed security is provided or where such carrying is prohibited by contract. ON MARCH 28, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1909 FOR SENATE BILL 1868, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1909, AS AMENDED. AMENDMENT #1 names the bill the "Laken Riley Act of 2024."
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