HB 1202 / SB 1325

This bill if passed authorizes faculty and staff to carry on school property with the met requirements which is the best step forward in protecting our children and securing our schools. The current law typically classifies possessing or carrying a firearm with the intent to go armed in any school-related setting as a Class E felony, except for firearms used solely for educational or ceremonial purposes, which are exempt. However, simply possessing a firearm on school premises without the intent to go armed is considered a Class B misdemeanor, with some existing exceptions.

This bill maintains the requirements for current or former law enforcement officers assigned to schools under a memorandum of understanding (MOU) with the police chief or sheriff to carry firearms on school property. It mandates that school directors provide basic information such as name, address, and contact details to law enforcement agencies when authorizing individuals to possess firearms on school grounds.

Confidentiality provisions are expanded to include information about Local Education Agency (LEA) employees carrying concealed handguns on school premises, except for disclosure to school resource officers by law enforcement agencies. Additionally, the bill grants immunity to LEAs from monetary claims solely related to faculty or staff members’ handgun use, provided they are authorized to carry.

On April 17, 2023, the House adopted Amendment #2 to House Bill 1202. This amendment modifies the requirements for LEA faculty or staff carrying firearms on school grounds by:

1. Conducting background checks to ensure individuals are legally allowed to possess handguns under state and federal law.
2. Requiring submission of fingerprints for criminal history checks.
3. Mandating a psychological examination by a licensed professional in Tennessee to assess suitability for concealed handgun possession.
4. Granting immunity from monetary damages related to handgun use to law enforcement agencies.
5. Exempting certain schools from authorizing faculty and staff to carry firearms.
6. Providing a definition for “appropriate law enforcement agency” for memorandum of understanding (MOU) purposes.