In 2016 Tennessee passed two new statutes with bi-partisan support
that addressed the issue of whether Tennessee’s private schools, both
K-12 and “higher education”, could establish their own policies with
respect to whether and to what extent civilian possession of firearms
would be prohibited on their campuses. These laws are codified at
Tennessee Code Annotated Sections
49-50-803 and
49-7-161.
For approximately seven years now, Tennessee’s private schools
have had the discretion given to them by the State Legislature (which
raises a question under the 2nd Amendment of whether the state even had
the authority to ban guns on school grounds) to craft policies that
would enable schools that are clearly the targets of attempted mass
killings to better be able to protect the lives of students, staff and
visitors.
With respect to private K-12 schools, Tennessee Code Annotated Section
49-50-803
provides that the “the board or governing entity of each private K-12
school, or the chief administrative officer if the school does not have a
board or governing entity, may establish a handgun carry policy for any
property on which the school is located that is owned or operated by
the school and for any building or structure located on the school
property.” Thus, the school may create pretty much any policy that it
wants. A school could allow any some staff, any staff, volunteers,
parents, guests, etc., to carry a handgun on campus, open or concealed.
There are only two limits on the school’s discretion. First, the
policy can only allow handguns – no longarms. Second, to the extent
that the policy allows handguns on school property, the individual
allowed to carry a handgun must have the Tennessee “enhanced” handgun
carry permit.
With respect to private schools of higher education, Tennessee Code Annotated Section
49-7-161
provides substantially the same authority to the individual or entity
that governs the school. It also has the same to two limits on the
school’s discretion as exist with respect to K-12 institutions. First,
the policy can only allow handguns – no longarms. Second, to the extent
that the policy allows handguns on school property, the individual
allowed to carry a handgun must have the Tennessee “enhanced” handgun
carry permit.
Aside from these two options, private and, for that matter, public
schools have a third option. The schools can likely establish
themselves as “proprietary security” organizations under Tennessee’s
armed guard statutes. That would allow the school administration to
qualify the school as a “proprietary security” organization and would
allow the school to designate one or more individuals, normally staff,
to be training and certified as “armed security officers” under
Tennessee law. That process would require those individuals to have
periodic armed security training and recertifications. It would also
allow them to be certified to carry shotguns (but not rifles) under the
armed guard certification.
While these three options appear on
their face to be limited to handguns (and for armed security shotguns),
it is important to note that there are a number of firearms that are
lawfully classified as “handguns” but which have the ability to shoot
rifle calibers such as the AR-15 pistol or the AK style pistols.
Parents,
grandparents and guests who support and finance private schools and
particularly those who have students enrolled in private schools may
want to inquire with these schools about whether they have adopted
policies to allow responsible adults to possess firearms on campus and
ask, if not, why not. Decisions about which private schools to attend
and support may want to take that information into account.
