Monday, July 27, 2009 2:48 pm

NASHVILLE — Tennessee's Attorney General has issued a ruling clarify that it is still illegal for persons with handgun permits to carry firearms to parks and athletic fields while the facilities are being used for school events.

Attorney General Cooper said that the state's new law to allow permit holders to bring their guns into city and county parks does not prohibit schools from using those facilities. However, when the facilities are being used for school-related functions, guns are banned there.

The complete wording of the ruling follows:

STATE OF TENNESSEE

OFFICE OF THE ATTORNEY GENERAL

PO BOX 20207

NASHVILLE, TENNESSEE 37202

July 24, 2009

Opinion No. 09-129

Firearms in Public Parks That Have Athletic Fields That are Also Used by Schools

QUESTIONS

1. Does Tenn. Code Ann. § 39-17-1309, or any other provision of law, prohibit schools from using athletic fields or other recreational facilities in public parks where holders of handgun carry permits may possess firearms pursuant to Chapter 428 of the 2009 Public Acts of Tennessee?

2. Would a handgun carry permit holder, who may otherwise lawfully carry his firearm in a public park under Chapter 428 of the 2009 Public Acts of Tennessee, violate Tenn. Code Ann. § 39-17-1309 if he carried his firearm on an athletic field or other recreational facility during a time that such athletic field or recreational facility was being used by a school?

OPINIONS

1. No. There is nothing in the plain meaning of Tenn. Code Ann. § 39-17-1309, Chapter 428 of the 2009 Public Acts of Tennessee, or any other provision of law, that prohibits schools from using athletic or other recreational facilities in parks where handgun carry permit holders may lawfully possess their firearms pursuant to Chapter 428 of the 2009 Public Acts of Tennessee.

2. Yes. Tenn. Code Ann. § 39-17-1309 prohibits handgun carry permit holders from possessing firearms in public parks during times when the athletic fields or other recreational facilities are actually being used by schools.

ANALYSIS

Public Chapter 428 of the 2009 Public Laws of Tennessee amended Tenn. Code Ann. § 39-17-1311 to allow the holders of handgun carry permits to carry firearms in public parks, playgrounds, civic centers and other recreational facilities that are owned by the state, counties or municipalities.1 Tenn. Code Ann. §§ 39-17-1309(b) and (c) prohibit the possession of

1 Chapter 428 also contains provisions that authorize counties and municipalities to prohibit the possession of firearms in their parks and other recreational facilities by handgun carry permit holders. Chapter 428 of the 2009 Public Acts of Tennessee, § 2(d). firearms in any public or private school building, bus, grounds, campus or athletic field or recreational facility that is owned, used or operated by any school board, school or college.2

The primary objective of statutory interpretation is to ascertain and give effect to the intent of the legislature. State v. Hannah, 259 S.W.3d 716 (Tenn. 2008). If the statute is clear and unambiguous, courts find legislative intent from the plain meaning of the text and will enforce the statute as written. State v. Sherman, 266 S.W.3d 395 (Tenn. 2008).

Tenn. Code Ann. § 39-17-1309 is unambiguous. There is nothing in that statute to indicate that the legislature intended to prohibit schools from using athletic fields or recreation areas in public parks where handgun carry permit holders may lawfully possess firearms.

Chapter 428 is likewise unambiguous. There is nothing in its text to indicate that the legislature intended to prohibit schools from using athletic fields or other recreation areas in public parks that allow handgun carry permit holders to possess firearms. Furthermore, no other statute has been found that would prohibit schools from using athletic fields or recreation areas where handgun carry permit holders are permitted to possess firearms.3

2. In addition to the rules of statutory construction discussed above, statutes having a common purpose or related to the same subject matter must be construed in pari materia to advance the common purpose or intent. Wells v. Tenn. Bd. of Regents, 231 S.W.3d 912 (Tenn. 2007). If possible, such statutes should be construed in harmony with each other. State v. Odum, 928 S.W.2d 18 (Tenn. 1996).

Tenn. Code Ann. § 39-17-1309 prohibits possession of firearms on various types of property, athletic fields and recreational facilities that are owned, used or operated by a school.4

By its plain terms, it prohibits the possession of firearms on athletic fields and recreational facilities, including those that are located in public parks, if such fields or facilities are actually being used by a school.

Chapter 428, on the other hand, amended Tenn. Code Ann. § 39-17-1311 to authorize handgun carry permit holders to bring their firearms into public parks. There is nothing in its language to indicate that the legislature intended to modify in any way the prohibitions that are set forth in Tenn. Code ann. § 39-17-1309.