Tennessee § 39-17-1305 - [Reserved.]

§ 39-17-1305. [Reserved.]

No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any building in which judicial proceedings are in progress any weapon prohibited by § 39-17-1302(a), for the purpose of going armed; provided, that if the weapon carried is a firearm, the person is in violation of this section regardless of whether the weapon is carried for the purpose of going armed. Any person violating subsection (a) commits a Class E felony. Subsection (a) shall not apply to any person who: Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security; Has been directed by a court to bring the firearm for purposes of providing evidence; Is in the actual discharge of official duties as a judge, and: Is authorized to carry a handgun pursuant to § 39-17-1351; Keeps the handgun concealed at all times when in the discharge of such duties; and Is vested with judicial powers under § 16-1-101; Is in the actual discharge of official duties as an elected official of any county or municipality, and: Is authorized to carry a handgun pursuant to § 39-17-1351; and Is not in the room in which judicial proceedings are in progress; or Is in the actual discharge of official duties as the county attorney of any county in this state, and: Is authorized to carry a handgun pursuant to § 39-17-1351; and Is not in the room in which judicial proceedings are in progress. Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2; 2011, ch. 469, § 1; 2014, ch. 663, § 1; 2017, ch. 467, § 5; 2018, ch. 880, § 1; 2020, ch. 681, §§ 1, 2. Amendments. The 2018 amendment added (c)(4). The 2020 amendment, redesignated former (c)(4)(A) as the present introductory language of (c)(4) and substituted “an elected official of any county or municipality,” for “a county commissioner”; redesignated former (c)(4)(A)(i) as present (c)(4)(A); redesignated former (c)(4)(A)(ii) as present (c)(4)(B) and deleted “Is in a building in which county commission meetings are held, but” from the beginning; deleted former (c)(4)(B) which read: “As used in this subdivision (c)(4), ‘county commissioner' means a member of a local legislative body known as a board of county commissioners and does not include a member of the legislative body of a metropolitan government.”; and added (c)(5). Effective Dates. Acts 2018, ch. 880, § 2. July 1, 2018. Acts 2020, ch. 681, § 3. July 1, 2020. Cross-References. Penalty for Class E felony, § 40-35-111 . Attorney General Opinions. Authority of off duty officer to carry weapon on specific sites, OAG 99-024 (2/16/99). There is no requirement for posting notices that carrying handguns onto premises where judicial proceedings are being conducted is prohibited, OAG 07-148 (10/22/07). Appointment of court officer authorized to carry weapon in courtrooms; required training, qualifications, etc. OAG 10-77, 2010 Tenn. AG LEXIS 83 (6/1/10). The statutory prohibition against carrying a handgun “inside any building in which judicial proceedings are in progress” would not apply during a time when no judicial proceedings are being carried out in the building. Whether it is an offense for a person who has a handgun permit to carry a handgun in a building in which judicial proceedings are in progress if that person has no notice that judicial proceedings are taking place in the building depends on the specific facts and circumstances in each case because an offense occurs only if the person carrying a handgun in a building in which judicial proceedings are in progress acts “intentionally, knowingly or recklessly.” If a building is a gun-free zone because “judicial proceedings are in progress,” employees or government officials who work in or are assigned to the building and who are eligible to carry a handgun may be subject to criminal prosecution if they possess the firearm in the building at the time that judicial proceedings are in progress unless they come squarely within one of the statutory exceptions. OAG 19-07, 2019 Tenn. AG LEXIS 10 (6/18/2019). The phrase “judicial proceedings are in progress” refers broadly to any court proceeding that is currently underway or being carried out. Depending on the specific facts and circumstances in any given case, “judicial proceedings” are not limited to formal courtroom proceedings but may include proceedings that are carried out in a judge’s chambers or elsewhere in a building, whether in person with litigants or attorneys or by conference call or other electronic means. T.C.A § 39-17-1306 does not contain a notice-posting requirement to indicate to the public that firearms are or may be prohibited during specific times. OAG 19-07, 2019 Tenn. AG LEXIS 10 (6/18/2019).