Storing and Transporting Firearms in Vehicles on School Property
AGO 22-02
Opinion No. 22-02
State of Tennessee Office of The Attorney General
February 1, 2022
HERBERT H. SLATERY III ATTORNEY GENERAL AND REPORTER
ANDRÉE SOPHIA BLUMSTEIN SOLICITOR GENERAL
LAURA
T. KIDWELL ASSISTANT SOLICITOR GENERAL
Storing
and Transporting Firearms in Vehicles on School
Property
Question
1
May a
person who may legally carry or transport a handgun in
Tennessee lawfully store that handgun in a vehicle in
accordance with Tenn. Code Ann. § 39-17-1313 or other
law, even if the vehicle is parked on school property without
potentially violating Tenn. Code Ann. § 39-17-1309?
Opinion
1
Persons
who meet the requirements of Tenn. Code Ann. §
39-17-1313 may store or transport a handgun in their vehicles
“while on or utilizing any public or private parking
area” of a school without violating Tenn. Code Ann.
§ 39-17-1309.
Question
2
If a
person who may legally carry or transport a handgun under
Tennessee law, either with or without a permit, relies on
Tenn. Code Ann. § 39-17-1313 to store a handgun in a
vehicle parked on school property, can that person be
prosecuted under the federal Gun-Free School Zones Act?
Opinion
2
Persons
who carry a handgun pursuant to Tenn. Code Ann. §
39-17-1351, the enhanced handgun carry permit statute, or
Tenn. Code Ann. § 39-17-1366, the concealed handgun
carry permit statute, are specifically excepted from
application of the federal Gun-Free School Zones Act. A
person who carries a handgun without a permit pursuant to
Tenn. Code Ann. § 39-17-1307(g) and stores a handgun in
a vehicle on the grounds of a school covered by the federal
Gun-Free School Zones Act risks prosecution unless that
person qualifies for an exception. Tennessee Code Annotated
§ 39-17-1313 affords no protection when the
transportation or storage of a firearm is prohibited by
federal law.
Question
3
If a
person who may legally carry or transport a handgun without a
permit under Tenn. Code Ann. § 39-17-1307(g) or Tenn.
Code Ann. § 39-17-1307(e) carries or transports a
handgun on or near school property, can that person be
prosecuted under the federal Gun-Free School Zones Act?
Opinion
3
A
person who carries or transports a handgun without a permit
pursuant to Tenn. Code Ann. § 39-17-1307(g) or Tenn.
Code Ann. § 39-17-1307(e) “on or near school
property” of a school covered by the federal Gun-Free
School Zones Act risks prosecution unless an exception of the
Act allows the person to possess a firearm “on the
grounds of” the school or “within a distance of
1000 feet” from such grounds.
Question
4
May a
student, a person who resides on school property, or an
employee of a school rely on Tenn. Code Ann. §
39-17-1313 to lawfully store a handgun in a vehicle parked on
school property, assuming the person may legally carry or
transport a handgun under Tennessee law, either with or
without a permit?
Opinion
4
Persons
who meet the requirements of Tenn. Code Ann. §
39-17-1313 may legally store or transport a firearm in a
vehicle “while on or utilizing any public or private
parking area” of a school. Persons covered by Tenn.
Code Ann. § 39-17-1313 include employees and students of
a school, as well as persons who reside on school property,
because “parking area” is defined as “any
property provided by a business entity, public or private
employer, or the owner, manager, or legal possessor of the
property for the purpose of permitting its invitees,
customers, clients or employees to park privately owned motor
vehicles.”
Question
5
If so,
may a school take any adverse action against any such person
including, but not limited to, termination, expulsion, or
cancellation of housing privileges?
Opinion
5
Statutory
provisions—e.g., Tenn. Code Ann. § 49-7-163, Tenn.
Code Ann. § 50-1-312, and Tenn. Code Ann. §
39-17-1314(g)—prohibit schools from taking adverse
action against students, persons who reside on school
property, and employees of schools who have stored handguns
in vehicles in parking areas of schools in accordance with
the requirements of Tenn. Code Ann. § 39-17-1313.
Depending on the facts and circumstances involved, other
statutory or common law remedies could also afford protection
to a student, a person who resides on school property, or an
employee of a school who has stored a handgun in a vehicle in
a parking area of school in accordance with the requirements
of § 39-17-1313.
ANALYSIS
...
