Commentary: Tennessee’s Private Schools Have Authority to Establish ‘Firearms Friendly’ Policies

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.