On March 11, 2023, Saturday Night Live ran a
skit that mentions guns laws in Tennessee. In particular, there is a reference in that skit to whether citizens can carry guns into libraries. That skit has been picked up by some
news outlets and, if someone is not aware of the entire story, a listener could come away with the belief that the law has changed in Tennessee to allow lawful gun owners and permit holders to carry a handgun or other firearm in a public or private library.
Tennessee statutes presently do not expressly prohibit or allow citizens to possess a handgun for self-defense in a library. But there are statutes which may make it a crime to possess a firearm in certain libraries depending on the specific circumstances. Let's do a quick review.
1) Tennessee Code Annotated § 39-17-1309 is the "school grounds" statute. If the library is on school grounds, then firearms are prohibited unless the individual is in one of the limited categories of individuals who are authorized by state law or local standards to possess a firearm, typically a concealed handgun, on school grounds.
2) Tennessee Code Annotated § 39-17-1309, the school grounds statute, has a provision that reclassifies any property, regardless of its normal classification, as a school if the school is using that property. Thus, a library that is not on school grounds but which is being used by a school for any activity of function would magically "morph" into a school and firearms would be prohibited.
3) Tennessee Code Annotated § 39-17-1311 is the "parks" statute. Generally, Tennessee law makes it a crime to carry a firearm in a park. There is an statutory defense that allows some categories of individuals to posses a firearm, normally just a handgun, in a park. For most purposes, that statutory affirmative defense only applies to handgun permit holders. Those who rely on the 2021 "permitless carry" law are prohibited from carrying a firearm in a park. Now, if a library is in a park, then the park statute and affirmative defenses are applicable. However, there are at least 2 potential problems. The first problem is that if the park or the library is being "used" by a school, then the entire park / library is classified as a school and its a crime to have a gun there even for permit holders unless the person is in one of the categories that can possess a firearm on school grounds. The second potential problem is that the library in the park might be "posted" under Tennessee Code Annotated § 39-17-1359 in which case it would be a crime to carry a firearm into or on posted property.
4) Tennessee Code Annotated § 39-17-1359 allows any property, generally, to be posted as a gun free zone.
5) Tennessee Code Annotated § 39-17-1321 makes it a crime to possess a firearm while under the influence of alcohol or any controlled substance. Thus, even if the library is not on school grounds, is not on morphed school grounds and is not otherwise posted, if the individual is in the library and is under the influence of alcohol or a controlled substance, it is a crime.
6) Tennessee Code Annotated § 39-17-1307(h) makes it a crime for certain classes of individuals, who can otherwise lawfully purchase and own a firearm, to possess them. This would include people who have 2 or more DUIs in the last 10 years or 1 DUI in the last five years. It would also apply to some individuals who have non-violent misdemeanor convictions for stalking. Thus, if someone in one of the classifications has a firearm in a library then that could be a crime.
7) The federal gun free school zones act could make it a crime to possess a firearm in a non-school library that is not otherwise posted or being used by a school if the library is within 1000 feet of a school.
These are just a few examples and is not intended to be an exhaustive list.
