Amends TCA Title 38; Title 39, Chapter 17, Part 13 and Title 49.
CARRYING WEAPONS ON SCHOOL PROPERTY Present law provides the following: (1) That 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, 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 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; and (2) That 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, 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 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 provides that the above present law (1) and (2) does not apply to the following: (1) Active duty and retired members of the armed forces of the United States possessing or carrying a handgun in any public pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school, unless the person is otherwise prohibited from possessing or carrying a handgun by state or federal law; (2) Officers of the state, or of any county, city, or town, charged with the enforcement of the laws of this state, whether on-duty or off-duty, possessing or carrying a handgun, or retired law enforcement officers possessing or carrying a handgun who are authorized to carry the handgun pursuant to existing law, while in any pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school; or (3) Persons possessing or carrying a handgun, who are authorized to carry the handgun pursuant to an enhanced handgun carry permit, while in any pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school. However, this does not apply if the enhanced handgun carry permit holder is a student at the public pre-K-12 school or is an employee of the public pre-K-12 school, and in a meeting regarding a disciplinary matter. Present law provides that the above present law (1) and (2) does not apply to persons possessing a handgun, who are authorized to carry the handgun pursuant to an enhanced handgun carry permit, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place unless the enhanced handgun carry permit holder: (i) possessed a handgun on property that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted; or (ii) possessed a handgun in the immediate vicinity of property that was, at the time of possession, 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 for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or any similar multi-use field; and (iii) knew or should have known that an athletic event or school-related activity was taking place on the property at the time of the possession, or the property on which the possession occurred was owned or operated by a school entity described in (ii); or (iv) failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of its use for athletic or school-related purposes; or that it was, at the time of the possession, owned or operated by a school entity described (ii). This bill rewrites the present law by deleting a board of education and school in (i) and (ii). This bill also clarifies the present law by providing that the private education institutions referenced in (ii) refer to private higher educational institutions. Present law provides that the above present law (1) and (2) does not apply to persons carrying a handgun pursuant to the law regarding off-duty law enforcement officers serving as school security, the law regarding people permitted to possess a firearm on school grounds, or employees authorized to carry concealed weapons at school in distressed rural counties. However, this only applies within and on the grounds of the school for which the person is authorized. This bill deletes these provisions. LAW ENFORCEMENT Present law prohibits the authority conferred by the law relevant to officers permitted to carry firearms from extending to a law enforcement officer 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. This bill rewrites this present law to apply only to private schools. PEOPLE PERMITTED TO POSSESS AND CARRY FIREARMS ON SCHOOL GROUNDS Present law provides that the following people are permitted to possess and carry a firearm on the grounds of the school at which they are assigned: (i) a person employed by an LEA as a faculty or staff member at a school within the LEA; or (ii) a person assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA. In order to possess and carry a firearm on the grounds of the school pursuant to the above provision, present law requires the person to: (i) be authorized to possess and carry a firearm pursuant to an enhanced handgun carry permit; (ii) have the joint written authorization of the director of schools in conjunction with the principal of the school to carry or possess a firearm on school property; and (iii) be a law enforcement officer, or have prior service as a law enforcement officer and be in compliance with all laws, rules and regulations of the peace officer standards and training (POST) commission, and have successfully completed 40 hours in basic training in school policing. Present law provides that within 10 days after the director of schools has authorized a person to carry or possess a firearm on school property, the director must notify the chief of the appropriate law enforcement agency of each such authorization. The notification must contain basic information about each such person including name, address, contact information and whether the person is authorized. The joint written authorization of the director of schools and the principal of the school, the notification transmitted to the chief of the appropriate law enforcement agency, the names and contact information of any person authorized to carry or possess a firearm on school property, any listing or compilation of names or individual names of persons who are authorized to carry or possess a firearm on school property, whether the director of schools and the principal of the school have or have not issued joint written authorization to carry or possess a firearm on school property, or any other document, file, record, information or material relating to the carrying or possessing of a firearm on school property that is received by, transmitted to, maintained, stored or compiled by the director of schools, the principal of the school, any LEA, or city, county or municipal law enforcement agency, must be confidential and not open for public inspection. This bill deletes the above provisions relevant to people permitted to possess and carry a firearm on school grounds. EMPLOYEE AUTHORIZATION TO CARRY CONCEALED WEAPON ON SCHOOL PROPERTY IN DISTRESSED RURAL COUNTY This bill deletes all the present law relevant to authorization of an employee to carry a concealed weapon on school property in a distressed rural county. PROHIBITED FIREARM REGISTRY 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. A firearm registry under the above provision does not include a record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to law regarding carry weapons on school property, the law regarding written directives and permits to carry handguns, the law regarding law enforcement shooting ranges and the maintenance of a list of approved certified firearms instructors, the law regarding the determination of eligibility of retired officers to carry a firearm under federal law, or the law regarding authorization of an employee to carry a concealed weapon on school property in a distressed rural county. This bill rewrites the present law by deleting the law regarding authorization of an employee to carry a concealed weapon on school property in a distressed rural county from the above provision.
CARRYING WEAPONS ON SCHOOL PROPERTY Present law provides the following: (1) That 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, 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 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; and (2) That 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, 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 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 provides that the above present law (1) and (2) does not apply to the following: (1) Active duty and retired members of the armed forces of the United States possessing or carrying a handgun in any public pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school, unless the person is otherwise prohibited from possessing or carrying a handgun by state or federal law; (2) Officers of the state, or of any county, city, or town, charged with the enforcement of the laws of this state, whether on-duty or off-duty, possessing or carrying a handgun, or retired law enforcement officers possessing or carrying a handgun who are authorized to carry the handgun pursuant to existing law, while in any pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school; or (3) Persons possessing or carrying a handgun, who are authorized to carry the handgun pursuant to an enhanced handgun carry permit, while in any pre-K-12 school building or bus, on any public pre-K-12 school campus, grounds, recreation area, athletic field, or any other property owned, operated, or while in use by any public board of education or pre-K-12 school. However, this does not apply if the enhanced handgun carry permit holder is a student at the public pre-K-12 school or is an employee of the public pre-K-12 school, and in a meeting regarding a disciplinary matter. Present law provides that the above present law (1) and (2) does not apply to persons possessing a handgun, who are authorized to carry the handgun pursuant to an enhanced handgun carry permit, while within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place unless the enhanced handgun carry permit holder: (i) possessed a handgun on property that is owned or operated by a board of education, school, college, or university board of trustees, regents, or directors unless the permit holder's possession is otherwise excepted; or (ii) possessed a handgun in the immediate vicinity of property that was, at the time of possession, 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 for the purpose of conducting an athletic event or other school-related activity on an athletic field, permanent or temporary, including but not limited to, a football or soccer field, tennis court, basketball court, track, running trail, Frisbee field, or any similar multi-use field; and (iii) knew or should have known that an athletic event or school-related activity was taking place on the property at the time of the possession, or the property on which the possession occurred was owned or operated by a school entity described in (ii); or (iv) failed to take reasonable steps to leave the area of the athletic field or school-related activity or the property after being informed or becoming aware of its use for athletic or school-related purposes; or that it was, at the time of the possession, owned or operated by a school entity described (ii). This bill rewrites the present law by deleting a board of education and school in (i) and (ii). This bill also clarifies the present law by providing that the private education institutions referenced in (ii) refer to private higher educational institutions. Present law provides that the above present law (1) and (2) does not apply to persons carrying a handgun pursuant to the law regarding off-duty law enforcement officers serving as school security, the law regarding people permitted to possess a firearm on school grounds, or employees authorized to carry concealed weapons at school in distressed rural counties. However, this only applies within and on the grounds of the school for which the person is authorized. This bill deletes these provisions. LAW ENFORCEMENT Present law prohibits the authority conferred by the law relevant to officers permitted to carry firearms from extending to a law enforcement officer 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. This bill rewrites this present law to apply only to private schools. PEOPLE PERMITTED TO POSSESS AND CARRY FIREARMS ON SCHOOL GROUNDS Present law provides that the following people are permitted to possess and carry a firearm on the grounds of the school at which they are assigned: (i) a person employed by an LEA as a faculty or staff member at a school within the LEA; or (ii) a person assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA. In order to possess and carry a firearm on the grounds of the school pursuant to the above provision, present law requires the person to: (i) be authorized to possess and carry a firearm pursuant to an enhanced handgun carry permit; (ii) have the joint written authorization of the director of schools in conjunction with the principal of the school to carry or possess a firearm on school property; and (iii) be a law enforcement officer, or have prior service as a law enforcement officer and be in compliance with all laws, rules and regulations of the peace officer standards and training (POST) commission, and have successfully completed 40 hours in basic training in school policing. Present law provides that within 10 days after the director of schools has authorized a person to carry or possess a firearm on school property, the director must notify the chief of the appropriate law enforcement agency of each such authorization. The notification must contain basic information about each such person including name, address, contact information and whether the person is authorized. The joint written authorization of the director of schools and the principal of the school, the notification transmitted to the chief of the appropriate law enforcement agency, the names and contact information of any person authorized to carry or possess a firearm on school property, any listing or compilation of names or individual names of persons who are authorized to carry or possess a firearm on school property, whether the director of schools and the principal of the school have or have not issued joint written authorization to carry or possess a firearm on school property, or any other document, file, record, information or material relating to the carrying or possessing of a firearm on school property that is received by, transmitted to, maintained, stored or compiled by the director of schools, the principal of the school, any LEA, or city, county or municipal law enforcement agency, must be confidential and not open for public inspection. This bill deletes the above provisions relevant to people permitted to possess and carry a firearm on school grounds. EMPLOYEE AUTHORIZATION TO CARRY CONCEALED WEAPON ON SCHOOL PROPERTY IN DISTRESSED RURAL COUNTY This bill deletes all the present law relevant to authorization of an employee to carry a concealed weapon on school property in a distressed rural county. PROHIBITED FIREARM REGISTRY 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. A firearm registry under the above provision does not include a record created, received, or maintained by the Tennessee peace officer standards and training commission, the Jerry F. Agee Tennessee law enforcement training academy, or a law enforcement agency pursuant to law regarding carry weapons on school property, the law regarding written directives and permits to carry handguns, the law regarding law enforcement shooting ranges and the maintenance of a list of approved certified firearms instructors, the law regarding the determination of eligibility of retired officers to carry a firearm under federal law, or the law regarding authorization of an employee to carry a concealed weapon on school property in a distressed rural county. This bill rewrites the present law by deleting the law regarding authorization of an employee to carry a concealed weapon on school property in a distressed rural county from the above provision.
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