LK Education Bulletin

The State of Tennessee’s Office of the Attorney General has addressed an important new issue arising from the legislature’s recent expansion of gun carry rights in Tennessee. On July 24, 2009, that office issued a formal Attorney General’s Opinion (No. 09-129) stating that if holders of otherwise valid handgun carry permits bring their firearms into public parks when those facilities are being used for school activities, the gun owner will be in violation of Tennessee law.

Tennessee Code Annotated Sections 39-17-1309(b) and (c) prohibit the possession of 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. That statutory language conflicts with the newly enacted provisions of Public Chapter 428 of the 2009 Public Laws of Tennessee, amended Tennessee Code Annotated Section 39-17-1311, which allows the holders of valid handgun carry permits to carry their firearms in public parks, playgrounds, civic centers and other recreational facilities that are publically owned by the state, counties or cities.

Stating, first, that Tenn. Code Ann. § 39-17-1309 is “unambiguous.”  The Attorney General then notes that, “By its plain terms, it [Tenn. Code Ann § 39-17-1309] 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.” The Opinion then notes that there is nothing in the language of the newly enacted Public Chapter 428 of the 2009 Public Laws of Tennessee (amended Tennessee Code Annotated Section 39-17-1311) indicating that the legislature, in any manner, intended to modify the unambiguous gun possession limitations that are set forth in Tenn. Code Ann. § 39-17-1309.

In conclusion, the Attorney General states, “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.”