Here is a breakdown on the Parks Carry Bill, passed by the General
Assembly, and signed into law April 24, 2015. This bill modifies Tenn.
Code Ann. § 39-17-1311 and Tenn. Code Ann. § 39-17-1309. The text of
the current (through the 2014) session is taken from LexisNexis.
This breakdown is for educational purposes only, and is not to be
construed as legal advice (I am not an attorney). It is your responsibility to
conform to the law. When in doubt, consult your attorney. Tennessee Firearms Association
urges caution in interpretation of this law.
The
language of the final bill is in black highlighted in yellow. Deleted sections are crossed
out in red, and added sections are in
blue.
Conference
Committee Report on
House
Bill No. 995 / Senate Bill No. 1171
The House and Senate Conference Committee
appointed pursuant to motions to resolve the differences between the two houses
on House Bill No. 995 (Senate Bill No. 1171) has met and recommends that the
following amendments be deleted:
House Amendment No. 1 and Senate Amendment No.
2
The Committee further recommends that the
following amendment be adopted:
by deleting all language following the enacting
clause and substituting instead the following:
++++++++++++++++++++++++++++++++++++++++++++++++++++++++
TENNESSEE CODE ANNOTATED
Tenn. Code Ann. § 39-17-1311 (2015)
39-17-1311. Carrying weapons on public parks,
playgrounds, civic centers and other public recreational buildings and
grounds.
(a) It is an offense
for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), 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.
for any person to possess or carry, whether openly or concealed, with the intent to go armed, any weapon prohibited by § 39-17-1302(a), 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.
(b) (1) Subsection (a) shall not apply to
the following persons:
(A) 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;
(B) Civil
officers of the United States in the discharge of their official duties;
(C) Officers and
soldiers of the militia and the national guard when called into actual service;
(D) Officers of
the state, or of any county, city or town, charged with the enforcement of the
laws of the state, in the discharge of their official duties;
(E) Any pupils
who are members of the reserve officers training corps or pupils enrolled in a
course of instruction or members of a club or team, and who are required to
carry arms or weapons in the discharge of their official class or team duties;
(F) Any private
police employed by the municipality, county, state or instrumentality thereof
in the discharge of their duties;
(G) A registered
security guard/officer, who meets the requirements of title 62, chapter 35,
while in the performance of the officer's duties;
SECTION 1. Tennessee Code Annotated, Section
39-17-1311(b)(1), is amended by deleting subdivision (H) and substituting instead
the following:
(H)
(i) Persons possessing a handgun, who are authorized to carry the
handgun pursuant to § 39-17-1351, while within or on a public park, natural
area, historic park, nature trail, campground, forest, greenway, waterway, or
other similar public place that is owned or operated by the state, a county, a
municipality, or instrumentality of the state, a county, or municipality.
(ii) Subdivision (b)(1)(H)(i) shall not apply if the permit
holder:
(a) 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 similar multi-use field; and
(b) Knew or should have known the athletic activity or school
related activity described in subdivision (b)(1)(H)(a) was taking place on the
property; or
(c) Failed to take reasonable steps to leave the area of the
athletic event or school-related activity after being informed of or becoming
aware of its use;
(I) Persons
possessing a handgun, who are authorized to carry the handgun pursuant to §
39-17-1351, while within or on property designated by the federal government as
a national park, forest, preserve, historic park, military park, trail or
recreation area, to the extent permitted by federal law; and
(J) Also, only
to the extent a person strictly conforms the person's behavior to the
requirements of one (1) of the following classifications:
(i) A
person hunting during the lawful hunting season on lands owned by any
municipality, county, state or instrumentality thereof and designated as open
to hunting by law or by the appropriate official;
SECTION 5. Tennessee Code Annotated, Section
39-17-1311, is amended by deleting from subdivision (b)(1)(J)(ii) the word
“transversing” and substituting instead the word “traversing”.
(ii) A
person possessing unloaded hunting weapons while transversing traversing the
grounds of any public recreational building or property 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 public recreational building or
property is posted prohibiting entry;
(iii) A
person possessing guns or knives when conducting or attending "gun and
knife shows" when the program has been approved by the administrator of
the recreational building or property;
(iv) A
person entering the property for the sole purpose of delivering or picking up
passengers and who does not remove any weapon from the vehicle or utilize it in
any manner; or
(v) A
person who possesses or carries a firearm for the purpose of sport or target
shooting and sport or target shooting is permitted in the park or recreational
area.
(2) At any time the person's
behavior no longer strictly conforms to one (1) of the classifications in
subdivision (b)(1), the person shall be subject to subsection (a).
SECTION 2. Tennessee Code Annotated, Section
39-17-1311, is amended by deleting subsections (c), (d), and (e) in their
entireties and redesignating accordingly.
(f) A violation of subsection (a) is a Class A misdemeanor.
(g) For the purposes of this section, a "greenway"
means an open-space area following a natural or man-made linear feature
designed to be used for recreation, transportation, conservation, and to link
services and facilities. A greenway is a paved, gravel-covered, woodchip covered,
or wood-covered path that connects one greenway entrance with another greenway
entrance. In the event a greenway traverses a park that is owned or operated by
a county, municipality or instrumentality thereof, the greenway shall be
considered a portion of that park unless designated otherwise by the local
legislative body. Except as provided in this part, the definition of a greenway
in this section shall not be applicable to any other provision of law.
-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+-+
TENNESSEE CODE ANNOTATED
Tenn. Code Ann. § 39-17-1309 (2015)
39-17-1309. Carrying weapons on school property.
(a) As used in this section, "weapon of like kind" includes razors and razor blades, except those used solely for personal shaving, and any sharp pointed or edged instrument, except unaltered nail files and clips and tools used solely for preparation of food, instruction and maintenance.
SECTION 3. Tennessee Code Annotated, Section 39-17-1309, is amended by deleting from subdivision (b)(1) and subdivision (c)(1)(A) the language “or any other property owned, used or operated by” and substituting instead the language “or any other property owned, operated, or while in use by”.
(b) (1) 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
(2) A violation of this subsection (b) is a Class E felony.
(c) (1) (A) 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
(B) 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.
(2) A violation of this subsection (c) is a Class B misdemeanor.
(d) (1) Each chief administrator of a public or private school shall display in prominent locations about the school a sign, at least six inches (6'') high and fourteen inches (14'') wide, stating:
FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3,000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY.
(2) As used in this subsection (d), "prominent locations about a school" includes, but is not limited to, sports arenas, gymnasiums, stadiums and cafeterias.
(e) Subsections (b) and (c) do not apply to the following persons:
(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;
(2) Civil officers of the United States in the discharge of their official duties;
(3) Officers and soldiers of the militia and the national guard when called into actual service;
(4) 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;
(5) Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties;
(6) 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; and
(7) Any registered security guard/officer who meets the requirements of title 62, chapter 35, and who is discharging the officer's official duties.
SECTION 4. Tennessee Code Annotated, Section
39-17-1309, is amended by adding the following new subdivision to subsection
(e):
( )
(A) Persons possessing a handgun, who are authorized to carry the
handgun pursuant to § 39-17-1351, while within or on a public park, natural
area, historic park, nature trail, campground, forest, greenway, waterway, or
other similar public place.
(B) Subdivision (A) shall not apply if the permit holder:
(i) Possessed a handgun on property described in ( )(A) 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 by this subsection; 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:
(a) An athletic event or school-related activity described in
subdivision (e)( )(B)(ii) was taking place on the property at the time of the
possession; or
(b) The property on which the possession occurred was owned or
operated by a school entity described in (e)( )(B)(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:
(a) Its use for athletic or school-related purposes; or
(b) That it was, at the time of the possession, owned or
operated by a school entity described in (e)( )(B)(ii).
SECTION 6. Any department of state government may,
but is not required to, change, remove, or replace signs as a result of
Sections 1 or 4 of this act prior to the time the signs are regularly scheduled
to be changed, replaced, or removed or are required to be changed, replaced, or
removed by any other law or due to destruction or theft; provided, that the
general assembly may specifically provide funds for the purpose of removing or
replacing signs in a general appropriations act.
SECTION 7. This act shall take effect upon
becoming a law, the public welfare requiring it.
No comments:
Post a Comment