Tennessee Criminal Lawyer Blog

TCA § 39-17-1309 deals with the laws regarding the possession of weapons on school grounds in relation to criminal offenses in Gatlinburg and throughout the state of Tennessee.

It is a Class E felony for any person, regardless of age, to carry, whether openly or concealed, with the intent to be armed, any firearm, explosive, knife, dagger, or other similar weapon, not used for instructional or school sanctioned purposes, in any public or private school building or bus, or on any grounds operated by any board of education or college or university.

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, or on any grounds operated by any board of education or college or university. Under this portion, there need be no intent to be armed, but it instead requires only that the firearm be in the possession of the person.

Additionally, under this portion, it is not illegal for a non-student adult to possess a firearm if the firearm is contained within a private vehicle operated by the adult and the firearm is not handled by the adult or by any other person while the vehicle is on school property. This portion is much more lenient than the felony provision, and serves to cut a break to persons who unknowingly bring a weapon on to school grounds.

The following persons are exempt from criminal liability under this section: (1) persons employed in the military who are discharging their duties or are under orders requiring them to carry weapons; (2) civil officers of the United States in the discharge of their official duties; (3) local and state police officers in the discharge of their duties; (4) ROTC students who are requiring to carry arms or weapons in the discharge of their class duties; and (5) private police and licensed security officers employed by the school when discharging their duties.

Possession of weapons can be a complex matter, especially in regards to school grounds. If you have any questions regarding the above mentioned laws or if you or a loved one has been charged with a crime, the experienced Tennessee criminal defense lawyers at Baker Associates can help. Don't rely on "trial and error" when searching for attorneys. Call us today for a case evaluation.