Attorney General Opinion about Parks

[meadsteve]

TCA 39-17-1309 / TN Attorney General Opinion 09-129

The AG started out with a purpose (probably dictated by Gov. Bredesen) and proceeded to take wording out of context and ignore clearly worded sections of the related law/bill to get to his desired result. The link immediately below is the full text of T.C.A. 39-17-1309 for independent verification.

http://www.michie.com/tennessee/lpExt.d ... 23ce/1241d


First notice the "plain meaning" of the Section title - Carrying weapons on school property. Then review the language of T.C.A. 39- 17-1309 directly related to firearms in places used by schools as follows:

39-17-1309. Carrying weapons on school property. —
" (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", …………", 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, used or operated 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. (underlining and red emphasis added) (this is the felony charge)

" (c) (1) 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, used or operated 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. " (underlining added) (this is the misdemeanor charge)


So, Section 1309 only applies to:

- property (or buses) owned or operated by a public or private school,

…OR any other property used 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.

Saying that any school activity using a public park which is not owned or operated by an educational Institution, or used for the administration of an educational institution meets this definition, is one heck of a jump... Particularly compared to the wording of the new law being addressed:

. "The carrying of firearms in such areas shall be governed by § 39-17-1311." and "Such Areas" having been define in the preceding sentence as ,"any 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 thereof."



Steven J. Mead
Oak Ridge, TN

[JayC]

I'm in agreement, the AG's letter is a huge jump... Does this mean that if a school group goes to McD's, you can't carry at McD's while the group is there? Or if they make a field trip to a zoo? Where does this stop?

[macville]

Does it really seem like a huge jump? the law does say "use"... The law is poorly written is the problem. Maybe if we bring up the fact that the law really does make it illegal to carry wherever there is a school group the law will get changed.

Therefore...

How about we just go ahead and get our reps working on changing the law? When does the next session start? The law needs to be changed so private schools that use churches don't apply also. Either that, or if they are not posted then people can carry there.

Matthew

[ProguninTN]

[n24wheel]

Would this section apply



(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 (6²) high and fourteen inches (14²) 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.

[n24wheel]

S T A T E O F T E N N E S S E E
OFFICE OF THE
ATTORNEY GENERAL
PO BOX 20207
NASHVILLE, TENNESSEE 37202
July 24, 2009
Opinion No. 09-129
Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools
QUESTIONS
1. Does Tenn. Code Ann. § 39-17-1309, or any other provision of law, prohibit schools
from using athletic fields or other recreational facilities in public parks where holders of
handgun carry permits may possess firearms pursuant to Chapter 428 of the 2009 Public Acts of
Tennessee?
2. Would a handgun carry permit holder, who may otherwise lawfully carry his firearm
in a public park under Chapter 428 of the 2009 Public Acts of Tennessee, violate Tenn. Code
Ann. § 39-17-1309 if he carried his firearm on an athletic field or other recreational facility
during a time that such athletic field or recreational facility was being used by a school?
OPINIONS
1. No. There is nothing in the plain meaning of Tenn. Code Ann. § 39-17-1309,
Chapter 428 of the 2009 Public Acts of Tennessee, or any other provision of law, that prohibits
schools from using athletic or other recreational facilities in parks where handgun carry permit
holders may lawfully possess their firearms pursuant to Chapter 428 of the 2009 Public Acts of
Tennessee.
2. Yes. Tenn. Code Ann. § 39-17-1309 prohibits handgun carry permit holders from
possessing firearms in public parks during times when the athletic fields or other recreational
facilities are actually being used by schools.
ANALYSIS
Public Chapter 428 of the 2009 Public Laws of Tennessee amended Tenn. Code Ann. §
39-17-1311 to allow the holders of handgun carry permits to carry firearms in public parks,
playgrounds, civic centers and other recreational facilities that are owned by the state, counties
or municipalities.1 Tenn. Code Ann. §§ 39-17-1309(b) and (c) prohibit the possession of
1 Chapter 428 also contains provisions that authorize counties and municipalities to prohibit the possession of
firearms in their parks and other recreational facilities by handgun carry permit holders. Chapter 428 of the 2009
Public Acts of Tennessee, § 2(d).
Page 2
firearms in any public or private school building, bus, grounds, campus or athletic field or
recreational facility that is owned, used or operated by any school board, school or college.2
The primary objective of statutory interpretation is to ascertain and give effect to the
intent of the legislature. State v. Hannah, 259 S.W.3d 716 (Tenn. 2008). If the statute is clear
and unambiguous, courts find legislative intent from the plain meaning of the text and will
enforce the statute as written. State v. Sherman, 266 S.W.3d 395 (Tenn. 2008).
Tenn. Code Ann. § 39-17-1309 is unambiguous. There is nothing in that statute to
indicate that the legislature intended to prohibit schools from using athletic fields or recreation
areas in public parks where handgun carry permit holders may lawfully possess firearms.
Chapter 428 is likewise unambiguous. There is nothing in its text to indicate that the legislature
intended to prohibit schools from using athletic fields or other recreation areas in public parks
that allow handgun carry permit holders to possess firearms. Furthermore, no other statute has
been found that would prohibit schools from using athletic fields or recreation areas where
handgun carry permit holders are permitted to possess firearms.3
2. In addition to the rules of statutory construction discussed above, statutes having a
common purpose or related to the same subject matter must be construed in pari materia to
advance the common purpose or intent. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912 (Tenn.
2007). If possible, such statutes should be construed in harmony with each other. State v.
Odum, 928 S.W.2d 18 (Tenn. 1996).
Tenn. Code Ann. § 39-17-1309 prohibits possession of firearms on various types of
property, athletic fields and recreational facilities that are owned, used or operated by a school.4
By its plain terms, it prohibits the possession of firearms on athletic fields and recreational
facilities, including those that are located in public parks, if such fields or facilities are actually
being used by a school.
Chapter 428, on the other hand, amended Tenn. Code Ann. § 39-17-1311 to authorize
handgun carry permit holders to bring their firearms into public parks. There is nothing in its
language to indicate that the legislature intended to modify in any way the prohibitions that are
set forth in Tenn. Code ann. § 39-17-1309.
2 The language of Tenn. Code Ann. § 39-17-1309(b) is similar to the language of subsection (c). The primary
differences between the two are that violations of subsection (b) require proof of intent to go armed while
subsection (c) has no such requirement. Subsection (c) also provides that a non-student adult may possess a firearm
while on school property without violating the statute if the firearm is contained in a vehicle operated by an adult
and is not handled by such adult or any other person acting with the consent of such adult while the vehicle is on
school property.
3 The only other statutes related to firearms in schools that were found are Tenn. Code Ann. §§ 49-6-4012 and 4013.
Those statutes provide for the adoption of codes of acceptable behavior by school systems. One of the points that is
supposed to be covered in such codes is the possession of firearms by students while on school property. There is
nothing in either provision that prohibits school systems from using athletic fields or recreation areas in parks where
handgun cary permit holders may possess firearms.
4 Tenn. Code Ann. § 39-17-1309(e) identifies various classes of persons who may possess firearms on school
property. Handgun carry permit holders are not among such classes.
Page 3
Reading Tenn. Code Ann. §39-17-1309 together with Chapter 428 indicates that the
legislature intended to allow handgun carry permit holders to carry their firearms into public
parks except onto athletic fields and into other recreation areas at times when they are actually
being used by schools.5
ROBERT E. COOPER, JR.
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
MICHAEL A. MEYER
Deputy Attorney General
Requested by:
Honorable Glen Casada
State Representative
112 War Memorial Bldg.
Nashville, TN 37243
5 At such times, non-student permit holders would be permitted to keep their firearms in their automobiles as long as
the vehicle was operated by the permit holder, and the firearm was not handled by the permit holder or any other
person. Tenn. Code Ann. § 39-11-1309(c).