TN Attorney General Releases Opinion On Handgun Carry In Buildings Where Judicial Proceedings Might Occur
Photo: Tennessee Attorney General Herbert H. Slatery III Photo Credit: tn.gov / MaxPixel / Public Domain
By John Harris [Tennessee Firearms Association] –
The Tennessee Attorney General has released Opinion 22-01 in which several questions from Rep. Terri Lynn Weaver were addressed. Although you should read the full opinion to get a grasp of the outrageous scheme bodied in the current statute, these are the summary points made by the Attorney General in responding to Rep. Weaver’s questions.
Question 1:
Are typical firearms, such as handguns, “weapon[s] prohibited by § 39-17-1302(a)” as that phrase is used in Tenn. Code Ann. § 39-17-1306?
Opinion 1:
Yes. Tennessee Code Annotated § 39-17-1306(a) generally prohibits individuals from carrying “weapons” in buildings in which judicial proceedings are in progress. A handgun is not a “weapon prohibited by § 39-17-1302(a)” as that phrase is used in the first portion of Tenn. Code Ann. § 39-17-1306(a). But the second portion of Tenn. Code Ann. § 39-17-1306(a) prohibits all firearms in buildings in which judicial proceedings are in progress. Thus, a handgun, which is a type of firearm, is included among the weapons that Tenn. Code Ann. § 39-17-1306(a) prohibits.
Question 2:
What conduct constitutes “judicial proceedings” as the term is used in Tenn. Code Ann. 39-17-1306? Does the mere presence of a judge in his or her office or otherwise being on duty in the building constitute judicial proceedings?
Opinion 2:
The meaning and scope of “judicial proceedings” in Tenn. Code Ann. § 39-17-1306 is analyzed in depth in Tenn. Att’y Gen. Op. 19-07 (June 18, 2019). In line with that analysis, judicial proceedings are in progress when a judge is in his or her office and is carrying out acts or taking steps that are part of any judicial proceeding, even when others are not present. But judicial proceedings may not be in progress when a judge is in the building but is performing duties unrelated to any judicial proceeding—such as, for example, preparing to speak to a civic group or at a continuing legal education program, or working on an administrative matter.
Question 3:
Assuming that weapons are not prohibited in a building under Tenn. Code Ann. § 39-17- 1359 and there are no “judicial proceedings in progress” in the building, may an individual who holds a handgun carry permit or carries a handgun pursuant to Tenn. Code Ann. § 39-17-1307(g) carry a handgun in the building?
Opinion 3:
If a judicial proceeding is not in progress in the building and weapons are not prohibited in the building under Tenn. Code Ann. § 39-17-1359, an individual who holds a valid handgun carry permit under Tenn. Code Ann. §§ 39-17-1351 or -1366 or who meets the requirements to carry a handgun without a permit pursuant to Tenn. Code Ann. § 39-17-1307(g) may carry a handgun in the building unless a specific prohibition applies to that individual.
Question 4:
Assuming that weapons are not prohibited in a building under Tenn. Code Ann. § 39-17- 1359 but judicial proceedings are commenced in the building after an individual who is in legal possession of a handgun has entered the building, may that individual be charged with a violation of Tenn. Code Ann. § 39-17-1306 without being given actual notice that judicial proceedings have commenced and an opportunity to leave the building?
Opinion 4:
Whether an individual who is in legal possession of a handgun in a building in which weapons are not prohibited under Tenn. Code Ann. § 39-17-1359 and in which judicial proceedings are commenced after the individual has entered the building could be charged with a violation of Tenn. Code Ann. § 39-17-1306 depends on the specific facts and circumstances in any given instance.
Question 5:
May a judge who is in a building covered by Tenn. Code Ann. § 39-17-1306 carry a handgun at all times and at all places in the building? Does the answer change if an appropriate governmental entity has prohibited weapons in the building under Tenn. Code Ann. § 39-17-1359?
Opinion 5:
No. A judge who is in a building covered by Tenn. Code Ann. § 39-17-1306 may not carry a handgun at all times and at all places in the building. A judge is exempt from the application of Tenn. Code Ann. § 39-17-1306 only when the judge (1) is engaged in the “actual discharge of official duties as a judge”; (2) is authorized to carry a handgun pursuant to Tenn. Code Ann. § 39- 17-1351, the enhanced handgun permit statute; (3) keeps the handgun concealed at all times when in the discharge of such duties; and (4) is vested with judicial powers under Tenn. Code Ann. § 16- 1-101.
If a governmental entity has prohibited weapons in the building under Tenn. Code Ann. 39-17-1359, the prohibition would apply to a judge only to the extent that it does not conflict with the exemption outlined above. The judge, though, would be subject to the prohibition when there are no judicial proceedings in progress in the building.
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Question 6:
Is a law enforcement officer who is in a courtroom while judicial proceedings are being conducted allowed to possess a handgun or other weapon in the building and/or courtroom when the officer is appearing as a prosecuting officer or as a witness? Would the answer change if the officer’s presence was only as a subpoenaed witness in a civil or criminal action?
Opinion 6:
A law enforcement officer is exempt from the application of Tenn. Code Ann. § 39-17- 1306 when the officer is “in the actual discharge of official duties.” Accordingly, whether a law enforcement officer is exempt from the general prohibition against carrying a weapon in a building in which a judicial proceeding is in progress would depend on the nature of the “official duties”— or job-related duties—of the particular officer. When an officer appears in court as a witness or in another capacity that is connected with that officer’s job-related duties and the officer is “actual[ly] discharg[ing]” those duties by making the appearance, the exemption would apply. On the other hand, if the officer is appearing as a witness or in another capacity unrelated to that officer’s job-related duties, the exemption would not apply.
Question 7:
Is a judicial magistrate or a judicial commissioner covered by any of the exceptions in Tenn. Code Ann. § 39-17-1306(c)?
Opinion 7:
A judicial commissioner is not exempt from the general prohibition against carrying a weapon in any building in which judicial proceedings are in progress. A judicial magistrate, on the other hand, could be exempt. If the particular magistrate is vested with judicial powers under Tenn. Code Ann. § 16-1-101 and satisfies all of the other statutory conditions for the exemption provided to judges by Tenn. Code Ann. § 39-17-1306(c)(3), the magistrate is exempt from the general prohibition against carrying a weapon in any building in which judicial proceedings are in progress.
About the Author: John Harris is the Executive Director of The Tennessee Firearms Association. You can contact TFA here. You can join TFA here.
