Can a Student Carry a Firearm on a TN College Campus?

 Posted on September 11, 2024 in Criminal Defense

While weapons charges are relatively uncommon for college students, they are not entirely unheard of. Some students may feel they are vulnerable on campus without a weapon of some sort.  A new law has recently made it easier for students to feel safe on campus. The Laken Riley Act of 2024 was named for a 22-year-old nursing student who was attacked and killed while jogging on the campus of the University of Georgia.

The Act has had consequences outside of the state of Georgia, with changes to self-defense laws on college campuses in Tennessee as well. Tennessee HB 1909 and SB 1868  now prevent any public educational institution from banning non-lethal self-defense weapons, including tasers and pepper spray. Carrying non-lethal weapons on campuses in Tennessee was illegal until the law changed on July 1, 2024.

Regardless of their legality, many college and university students have carried pepper spray or tasers for decades in response to an increase in violent crimes on campuses. The new law allows pepper gel, mace, stun guns, electronic control devices, pepper spray guns, and other "conducted energy devices." Firearms are not allowed on campus. 

College students are often targeted by campus police or local police for any number of reasons, most commonly public intoxication and underage drinking, as well as more serious weapons charges. If you have been charged with an offense that can potentially derail your future, you need experienced legal representation from Jeffrey Coller, Knoxville Criminal Defense Attorney. Having a Union County, TN weapons charges attorney as your advocate can make a significant difference in the outcome of your charges.

How Serious Are Tennessee Weapons Charges?

Although a full-time employee with a permit may carry a firearm on a college campus, students are not allowed to carry firearms anywhere on campus. In 2023, HB0977/SB0827 was introduced as an amendment to a Tennessee law that prevents most people from carrying guns on public school and college campuses.

The amendment would have allowed students to carry firearms on campus after undergoing training and obtaining a permit. While some lawmakers claimed the purpose of the bill was to allow law-abiding citizens to defend themselves on college campuses, the proposed amendment was withdrawn in early 2024 for lack of support.  

As it stands, a student found with a firearm on a college campus in Tennessee will face serious charges. Under Tennessee Code Annotated 39-17-1309, it is a criminal offense for a student to possess or carry, whether openly or concealed, any firearm on any part of college property. A violation of this law is a Class E felony. If convicted, the sentence for a Class E felony in Tennessee is not less than one year and not more than six years in prison. The judge may also assess a fine that is not to exceed $3,000.  

Are There Defenses to a Weapons Charge?

Intent is an element of this weapons offense. This means an attorney could argue that a student found with a gun in his or her car or suitcase was unaware of the presence of the firearm because it belonged to a family member. If the weapon was unloaded, not concealed, and the student had a permit for the weapon off-campus, the charges could potentially be reduced to misdemeanor charges. A knowledgeable attorney will know how to find weaknesses in the state’s case against a student which could result in the charges being reduced or dropped entirely.

Contact an Anderson County, TN Weapons Charges Attorney to Schedule an Appointment

Should you find yourself facing weapons charges as a college student, your future is on the line. An experienced Knox County, TN weapons charges attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney can help you determine your options while building a solid defense on your behalf.  Attorney Jeffrey Coller provides trusted guidance and skilled representation to clients throughout East Tennessee in all types of criminal proceedings. Contact us at 865-281-1000 to schedule your free consultation.