When can someone with a Tennessee handgun carry permit legally bring a gun into a courthouse?

Subject

Carrying Handguns in Buildings in Which Judicial Proceedings Occur

Plain-English summary

Representative Terri Lynn Weaver asked a series of questions about when handguns can be carried in courthouses. The AG broke § 39-17-1306 into its two halves and clarified each. The first half of the statute prohibits carrying any of the seven specific "prohibited weapons" listed in § 39-17-1302(a) (explosives, machine guns, knuckles, etc.) in a courthouse building, but does not separately list handguns. The second half independently prohibits all firearms, including handguns, while judicial proceedings are in progress. So even though handguns are not on the § 1302(a) list, they fall under the firearm ban.

A "judicial proceeding in progress" is broader than a hearing in a courtroom. The AG, applying the analysis in Tenn. Att'y Gen. Op. 19-07, concluded that a proceeding is in progress whenever a judge is doing judicial work anywhere in the building, including reviewing briefs, doing legal research, or drafting an opinion alone in chambers. A judge tied up on something administrative, like preparing for a CLE talk, is not conducting a judicial proceeding.

If no judicial proceeding is currently in progress in the building and the building owner has not posted weapons-prohibited signage under § 39-17-1359, a permit holder or someone carrying lawfully under § 39-17-1307(g) (permitless carry) can carry a handgun there.

The AG also addressed who is exempt during proceedings. A judge is exempt only when all four conditions in § 39-17-1306(c)(3) are met: actually discharging judicial duties, holds an enhanced permit, keeps the handgun concealed, and is vested with judicial power under § 16-1-101. A law enforcement officer is exempt only when in the actual discharge of official duties, which depends on whether the officer's appearance is job-related. Judicial commissioners are not vested with judicial power under § 16-1-101 and therefore cannot use the judge exemption, even though they are listed as magistrates. A judicial magistrate who is also vested with judicial power under § 16-1-101 (such as a general sessions judge sitting as magistrate) can qualify.

On notice: the building does not have to be posted with the criminal prohibition, and a person who carried in lawfully before the proceeding started is not automatically off the hook once it begins. Whether they can be charged after that point depends on facts and the mental-state requirement of "intentional, knowing, or reckless" conduct.

What this means for you

If you hold a Tennessee enhanced or concealed handgun carry permit

Treat any active courthouse as a no-carry zone. The AG reads "judicial proceedings are in progress" expansively: a judge in chambers reviewing a brief is enough. You don't need a hearing on the docket and a posted sign in the lobby for the prohibition to apply. If you carry into the building, lock your firearm in your vehicle in the courthouse parking area before entering (storage in a vehicle is governed by § 39-17-1313 and is generally allowed). The AG's opinion does open the door to carrying when no proceeding is in progress and the building is not posted under § 39-17-1359, but proving that the building was actually proceeding-free at the moment you walked in is risky as a planning matter.

If you are a Tennessee judge

Under the AG's reading, the § 39-17-1306(c)(3) carve-out is narrow. You are exempt only when (1) you are actually discharging judicial duties, (2) you hold an enhanced permit, (3) the handgun is concealed at all times during the discharge of those duties, and (4) you are vested with judicial power under § 16-1-101. If a county or city has posted the building under § 39-17-1359, the posting still applies to you when judicial proceedings are not in progress, per the AG's analysis. When a proceeding is in progress, the exemption controls.

If you are a law enforcement officer

The general "any time, any place" carry authority in § 39-17-1350 does not extend into a courthouse during a judicial proceeding. The exemption in § 39-17-1306(c)(1) requires that you are "in the actual discharge of official duties." The AG draws a fact-specific line: appearing in court as a witness or in a capacity tied to your job is "actual discharge"; appearing in a personal capacity (a custody dispute, a personal lawsuit) is not, and you should not carry then.

If you are a judicial commissioner

The opinion is bad news for judicial commissioners specifically. Although you appear on the magistrate list in § 40-5-101, you are not vested with judicial power under § 16-1-101, so the § 39-17-1306(c)(3) exemption is unavailable to you. You cannot lawfully carry inside a courthouse during a proceeding under your status alone.

If you are a prosecutor or defense attorney

Practical takeaway when handling a § 39-17-1306 charge: the second clause (firearms) is the operative one for handgun cases. The fact that the defendant didn't carry a § 1302(a)-listed weapon is irrelevant if a firearm is involved. Mental-state arguments matter when proceedings begin after the defendant entered: the state must still show the defendant acted intentionally, knowingly, or recklessly to keep the firearm in the building once judicial proceedings began. Lack of posted notice is not a defense.

If you administer a courthouse or county building

If your building hosts judicial proceedings, treat any moment a judge is doing judicial work in chambers, even alone, as proceeding-in-progress for purposes of weapons enforcement. If you want a clean line for security staff and visitors, post the building under § 39-17-1359, which captures all weapons regardless of whether a proceeding is happening at any given moment.

Common questions

Q: I have an enhanced handgun carry permit. Can I bring my handgun into the courthouse if no court is in session right now?
A: Maybe, but it's risky. Court not being in session does not mean no judicial proceeding is in progress. A judge alone in chambers reviewing briefs counts as a proceeding in progress under the AG's reading. And many courthouses are also separately posted under § 39-17-1359, which prohibits weapons regardless of court activity.

Q: What if I carry into the building before any proceeding starts and then a judge begins working on a case?
A: You are not automatically guilty. § 39-17-1306 requires intentional, knowing, or reckless conduct, so whether a charge sticks depends on the facts (Did you know proceedings began? How long did you stay? Did anyone tell you?). The AG declined to give a categorical answer.

Q: Are courthouse parking lots covered?
A: No. The "in progress" prohibition is about the building itself. Vehicle storage in a courthouse parking area is governed by § 39-17-1313, which generally allows valid permit holders and persons carrying under § 39-17-1307(g) to store handguns in their vehicle.

Q: Are judicial commissioners exempt?
A: No. Judicial commissioners are not vested with judicial power under § 16-1-101, so the judge exemption in § 39-17-1306(c)(3) does not reach them. The fact that § 40-5-101 lists them as magistrates is not enough.

Q: Are city judges and general sessions judges exempt?
A: They can be, if they meet all four conditions: actual discharge of duties, enhanced permit, concealed at all times, and vested with judicial power under § 16-1-101. General sessions judges are vested under § 16-1-101.

Q: What about a sheriff appearing in court for a child-custody hearing as a parent?
A: The AG distinguishes job-related appearances from personal ones. Appearing as a witness on a case from your patrol shift is "actual discharge"; appearing as a private litigant is not, and the law enforcement carry exemption does not apply.

Background and statutory framework

Tennessee Code Annotated § 39-17-1306(a) contains two distinct prohibitions in a single sentence. The first prohibits carrying any "weapon prohibited by § 39-17-1302(a)" in a building where judicial proceedings are in progress, for the purpose of going armed. The seven items in § 39-17-1302(a) are: explosives, devices for delivering explosives, machine guns, short-barrel rifles or shotguns, hoax devices, knuckles, and "any other implement for infliction of serious bodily injury or death that has no common lawful purpose." Handguns are not on that list. State v. Williams, 854 S.W.2d 904 (Tenn. Crim. App. 1993), held that the first prohibition therefore does not reach handguns.

The second prohibition is broader. It applies to any firearm, regardless of whether the carrier intends to go armed. Williams held that "the reference to 'firearm' in the second portion of [§ 39-17-1306(a)] refers to all firearms," not just those enumerated in § 1302(a). A handgun is a firearm, so the second prohibition reaches it.

The exemptions in subsection (c) are: (1) law enforcement officers, court officers, and similar personnel "with responsibility for protecting persons or property" who are in the actual discharge of official duties; (2) persons directed by a court to bring a firearm as evidence; (3) judges who meet the four-part test (actual discharge, enhanced permit, concealed at all times, vested with judicial power); and (4) elected county or municipal officials with an enhanced permit who are in actual discharge of duties and not in the room with the proceeding.

Tennessee Code Annotated § 39-17-1359 separately authorizes property owners (including governmental entities) to prohibit weapons by posting the property. Posting under § 39-17-1359 reaches all weapons regardless of whether a judicial proceeding is happening, so a posted courthouse imposes a tighter restriction than § 39-17-1306 alone.

The "judicial proceeding in progress" question turns on Tenn. Att'y Gen. Op. 19-07 (June 18, 2019), which concluded that a proceeding is "in progress" whenever the judge is performing acts that are part of any judicial proceeding, even alone. Administrative work or non-case-related work is not.

Citations

Statutes:
- Tenn. Code Ann. § 39-17-1306 (weapons in buildings with judicial proceedings)
- Tenn. Code Ann. § 39-17-1302(a) (enumerated prohibited weapons)
- Tenn. Code Ann. § 39-17-1306(c)(1)-(4) (exemptions)
- Tenn. Code Ann. § 39-17-1307(g) (permitless carry)
- Tenn. Code Ann. § 39-17-1351 (enhanced permit)
- Tenn. Code Ann. § 39-17-1366 (concealed permit)
- Tenn. Code Ann. § 39-17-1359 (property-owner posting)
- Tenn. Code Ann. § 39-17-1350 (officer authority)
- Tenn. Code Ann. § 16-1-101 (vesting of judicial power)
- Tenn. Code Ann. § 39-17-1314(b)(1) (local employer carry regulation)
- Tenn. Code Ann. § 40-5-101 to -102 (magistrates)
- Tenn. Code Ann. § 40-1-111 (judicial commissioners)

Cases:
- State v. Williams, 854 S.W.2d 904, 907-908 (Tenn. Crim. App. 1993) (two-prohibition reading of § 39-17-1306(a))
- State ex rel. Lawrence Cnty. v. Hobbs, 194 Tenn. 323, 250 S.W.2d 549 (1952) (lack of notice not a defense)
- State v. Bush, 626 S.W.2d 470, 472 (Tenn. Crim. App. 1981) (judicial commissioner not an inferior court)

Prior AG opinions:
- Tenn. Att'y Gen. Op. 19-07 (June 18, 2019) (scope of "judicial proceedings in progress")
- Tenn. Att'y Gen. Op. 21-13 (Aug. 31, 2021) (interplay of § 39-17-1306 and § 39-17-1359)
- Tenn. Att'y Gen. Op. 12-32 (Mar. 9, 2012) (administrative use of courtroom does not block § 39-17-1359 posting)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2022/op22-01.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
January 24, 2022
Opinion No. 22-01
Carrying Handguns in Buildings in Which Judicial Proceedings Occur
Question 1
Are typical firearms, such as handguns, "weapon[s] prohibited by § 39-17-1302(a)" as that
phrase is used in Tenn. Code Ann. § 39-17-1306?
Opinion 1
Yes. Tennessee Code Annotated § 39-17-1306(a) generally prohibits individuals from
carrying "weapons" in buildings in which judicial proceedings are in progress. A handgun is not
a "weapon prohibited by § 39-17-1302(a)" as that phrase is used in the first portion of Tenn. Code
Ann. § 39-17-1306(a). But the second portion of Tenn. Code Ann. § 39-17-1306(a) prohibits all
firearms in buildings in which judicial proceedings are in progress. Thus, a handgun, which is a
type of firearm, is included among the weapons that Tenn. Code Ann. § 39-17-1306(a) prohibits.
Question 2
What conduct constitutes "judicial proceedings" as the term is used in Tenn. Code Ann.
§ 39-17-1306? Does the mere presence of a judge in his or her office or otherwise being on duty
in the building constitute judicial proceedings?
Opinion 2
The meaning and scope of "judicial proceedings" in Tenn. Code Ann. § 39-17-1306 is
analyzed in depth in Tenn. Att'y Gen. Op. 19-07 (June 18, 2019). In line with that analysis, judicial
proceedings are in progress when a judge is in his or her office and is carrying out acts or taking
steps that are part of any judicial proceeding, even when others are not present. But judicial
proceedings may not be in progress when a judge is in the building but is performing duties
unrelated to any judicial proceeding, such as, for example, preparing to speak to a civic group or
at a continuing legal education program, or working on an administrative matter.
Question 3
Assuming that weapons are not prohibited in a building under Tenn. Code Ann. § 39-17-
1359 and there are no "judicial proceedings in progress" in the building, may an individual who
holds a handgun carry permit or carries a handgun pursuant to Tenn. Code Ann. § 39-17-1307(g)
carry a handgun in the building?
Opinion 3
If a judicial proceeding is not in progress in the building and weapons are not prohibited in
the building under Tenn. Code Ann. § 39-17-1359, an individual who holds a valid handgun carry
permit under Tenn. Code Ann. §§ 39-17-1351 or -1366 or who meets the requirements to carry a
handgun without a permit pursuant to Tenn. Code Ann. § 39-17-1307(g) may carry a handgun in
the building unless a specific prohibition applies to that individual.
Question 4
Assuming that weapons are not prohibited in a building under Tenn. Code Ann. § 39-17-
1359 but judicial proceedings are commenced in the building after an individual who is in legal
possession of a handgun has entered the building, may that individual be charged with a violation
of Tenn. Code Ann. § 39-17-1306 without being given actual notice that judicial proceedings have
commenced and an opportunity to leave the building?
Opinion 4
Whether an individual who is in legal possession of a handgun in a building in which
weapons are not prohibited under Tenn. Code Ann. § 39-17-1359 and in which judicial
proceedings are commenced after the individual has entered the building could be charged with a
violation of Tenn. Code Ann. § 39-17-1306 depends on the specific facts and circumstances in any
given instance.
Question 5
May a judge who is in a building covered by Tenn. Code Ann. § 39-17-1306 carry a
handgun at all times and at all places in the building? Does the answer change if an appropriate
governmental entity has prohibited weapons in the building under Tenn. Code Ann. § 39-17-1359?
Opinion 5
No. A judge who is in a building covered by Tenn. Code Ann. § 39-17-1306 may not carry
a handgun at all times and at all places in the building. A judge is exempt from the application of
Tenn. Code Ann. § 39-17-1306 only when the judge (1) is engaged in the "actual discharge of
official duties as a judge"; (2) is authorized to carry a handgun pursuant to Tenn. Code Ann. § 39-
17-1351, the enhanced handgun permit statute; (3) keeps the handgun concealed at all times when
in the discharge of such duties; and (4) is vested with judicial powers under Tenn. Code Ann. § 16-
1-101.
If a governmental entity has prohibited weapons in the building under Tenn. Code Ann.
§ 39-17-1359, the prohibition would apply to a judge only to the extent that it does not conflict
with the exemption outlined above. The judge, though, would be subject to the prohibition when
there are no judicial proceedings in progress in the building.
Question 6
Is a law enforcement officer who is in a courtroom while judicial proceedings are being
conducted allowed to possess a handgun or other weapon in the building and/or courtroom when
the officer is appearing as a prosecuting officer or as a witness? Would the answer change if the
officer's presence was only as a subpoenaed witness in a civil or criminal action?
Opinion 6
A law enforcement officer is exempt from the application of Tenn. Code Ann. § 39-17-
1306 when the officer is "in the actual discharge of official duties." Accordingly, whether a law
enforcement officer is exempt from the general prohibition against carrying a weapon in a building
in which a judicial proceeding is in progress would depend on the nature of the "official duties",
or job-related duties, of the particular officer. When an officer appears in court as a witness or
in another capacity that is connected with that officer's job-related duties and the officer is
"actual[ly] discharg[ing]" those duties by making the appearance, the exemption would apply. On
the other hand, if the officer is appearing as a witness or in another capacity unrelated to that
officer's job-related duties, the exemption would not apply.
Question 7
Is a judicial magistrate or a judicial commissioner covered by any of the exceptions in
Tenn. Code Ann. § 39-17-1306(c)?
Opinion 7
A judicial commissioner is not exempt from the general prohibition against carrying a
weapon in any building in which judicial proceedings are in progress. A judicial magistrate, on
the other hand, could be exempt. If the particular magistrate is vested with judicial powers under
Tenn. Code Ann. § 16-1-101 and satisfies all of the other statutory conditions for the exemption
provided to judges by Tenn. Code Ann. § 39-17-1306(c)(3), the magistrate is exempt from the
general prohibition against carrying a weapon in any building in which judicial proceedings are in
progress.

ANALYSIS

1. Tennessee law generally prohibits individuals from carrying "weapons" in buildings in
   which judicial proceedings are in progress:
   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.
   Tenn. Code Ann. § 39-17-1306(a).

As the Court of Criminal Appeals has observed, this one sentence contains two
prohibitions: The first prohibition, that an individual may not carry a "weapon" specified in
Tenn. Code Ann. § 39-17-1302(a) in a building in which judicial proceedings are in progress "for
the purpose of going armed", does not include handguns because the seven weapons specified in
§ 1302(a) do not include handguns. State v. Williams, 854 S.W.2d 904, 907 (Tenn. Crim. App.
1993).

But the second prohibition does cover handguns. It prohibits an individual from carrying
a weapon that "is a firearm" in a building in which judicial proceedings are in progress whether
the weapon is carried for the purpose of going armed or not. "[T]he reference to 'firearm' in the
second portion of [] § 39-17-1306(a) refers to all firearms and not only to those firearms
specifically enumerated in Section 1302(a)." Id. at 908. Thus, a "handgun," which is a type of
firearm, is included among the prohibited weapons in Tenn. Code Ann. § 39-17-1306(a), even
though it is not specifically enumerated as a prohibited weapon under Tenn. Code Ann. § 39-17-
1302(a). See id. at 907-08 (finding a "pistol" was included in the proscription of § 39-17-1306(a)
although not enumerated in § 39-17-1302(a)).

Accordingly, Tenn. Code Ann. § 39-17-1306(a) prohibits an individual from carrying a
handgun in a building when judicial proceedings are in progress.

2. The meaning and scope of "judicial proceedings" in Tenn. Code Ann. § 39-17-1306 was
   analyzed in depth in Tenn. Att'y Gen. Op. 19-07 (June 18, 2019). As explained in that Opinion, a
   "judicial proceeding" includes much more than just formal trials and hearings conducted in a
   courtroom, so that, depending on the specific facts and circumstances in any given instance,
   "judicial proceedings" may also include proceedings that take place 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. As further explained in that Opinion, a "judicial proceeding in progress" refers
   to any judicial proceeding that is currently underway or being carried out anywhere in the building.

Accordingly, judicial proceedings are in progress when a judge is in his or her office and
is carrying out acts or taking steps, for example, reviewing briefs, performing legal research, or
writing an opinion, that are part of any judicial proceeding, even when others are not present.
But judicial proceedings are not in progress when a judge may be in his or her office performing
duties unrelated to any judicial proceeding, such as, for example, preparing to speak to a civic
group or at a continuing legal education program, or working on an administrative matter.

3. If judicial proceedings are not in progress in the building, the prohibition against carrying
   weapons in Tenn. Code Ann. § 39-17-1306(a) does not apply. Tenn. Att'y Gen. Op. 19-07 (June
   18, 2019). Thus, when judicial proceedings are not in progress and weapons are not prohibited in
   the building under Tenn. Code Ann. § 39-17-1359, an individual who has a valid handgun carry
   permit or who meets the requirements to carry a handgun pursuant to Tenn. Code Ann. § 39-17-
   1307(g) may carry a handgun in the building unless a specific restriction applies to that individual.
   For instance, Tenn. Code Ann. § 39-17-1314(b)(1) authorizes local governmental entities to
   regulate the carrying of firearms by employees acting in the course and scope of their employment.

4. Whether an individual who is in legal possession of a handgun in a building in which
   weapons are not prohibited under Tenn. Code Ann. § 39-17-1359 and in which judicial
   proceedings are commenced after the individual has entered the building could be charged with a
   violation of Tenn. Code Ann. § 39-17-1306 depends on the specific facts and circumstances in any
   given instance.

A governmental entity is not required to post notice of the acts proscribed under Tenn.
Code Ann. § 39-17-1306, nor is it required to give actual notice to an individual that judicial
proceedings have commenced in order to give that individual an opportunity to leave the building.
Thus, lack of notice that judicial proceedings have commenced would not be a defense to charge
of a violation of Tenn. Code Ann. § 39-17-1306. See State ex rel. Lawrence Cnty. v. Hobbs, 194
Tenn. 323, 332, 250 S.W.2d 549, 553 (1952) (criminal defendant cannot raise a defense that he
did not know the act that he committed was a crime).

But a conviction under Tenn. Code Ann. § 39-17-1306 does require proof that the person
acted "intentionally, knowingly, or recklessly" as those mental states are defined for the purposes
of title 39. And whether a person acts intentionally, knowingly, or recklessly by remaining in a
building while carrying a handgun once judicial proceedings commence can only be determined
on a case-by-case basis.

5. Certain individuals are exempt from the general prohibition against carrying firearms in a
   building in which judicial proceedings are in progress. A judge is exempt when he or she (1) is
   engaged in the "actual discharge of official duties as a judge"; (2) is authorized to carry a handgun
   under § 39-17-1351, the enhanced handgun permit statute; (3) keeps the handgun concealed at all
   times when in the discharge of such duties; and (4) is vested with judicial powers under § 16-1-
6. Tenn. Code Ann. § 39-17-1306(c)(3). This exemption applies only when the judge meets
   all four conditions.

When judicial proceedings are not in progress, Tenn. Code Ann. § 39-17-1306 does not
apply. Accordingly, when judicial proceedings are not in progress, and assuming that weapons
are not prohibited in the building under Tenn. Code Ann. § 39-17-1359, a judge could carry a
handgun to the same extent that any other individual could, as explained above in the analysis for
Question 3.

If a governmental entity has prohibited weapons in the building under Tenn. Code Ann.
§ 39-17-1359, the prohibition would apply to a judge only to the extent that it does not conflict
with the exemption afforded to a judge who satisfies the conditions of Tenn. Code Ann. § 39-17-
1306(c)(3) to carry a handgun when judicial proceedings are in progress. See Tenn. Att'y Gen.
Op. 21-13 (Aug. 31, 2021). The judge, though, would be subject to the prohibition when there are
no judicial proceedings in progress in the building. Id.; see, e.g., Tenn. Att'y Gen. Op. 12-32 (Mar.
9, 2012) (explaining that Tenn. Code Ann. § 39-17-1359 allows a local government to prohibit
persons, including persons possessing an enhanced gun permit under Tenn. Code Ann. § 39-17-
1351, from carrying handguns into a courtroom when it is being used for an administrative
meeting, as opposed to a judicial proceeding).

6. A law enforcement officer is also exempt to a certain extent from the general prohibition
   against carrying a weapon in any building in which judicial proceedings are in progress. While a
   law enforcement officer, as a general rule, has the authority to carry a firearm at all times and in
   all places within Tennessee, on-duty or off-duty, regardless of the officer's regular duty hours or
   assignments, a law enforcement officer may carry a firearm in a building in which a judicial
   proceeding is in progress only when the officer is engaged "in the actual discharge of official
   duties," Tenn. Code Ann. § 39-17-1306(c)(1); or (2) when the officer is directed by a court to
   bring the firearm for the purpose of providing evidence, id. § 39-17-1306(c)(2).

Accordingly, whether a law enforcement officer is exempt from the general prohibition
against carrying a weapon in a building in which a judicial proceeding is in progress would depend
on the nature of the "official duties", or job-related duties, of the particular officer. See Frazier
v. Elmore, 180 Tenn. 232, 238, 173 S.W.2d 563, 565 (1943) ("office" is defined as an "assigned
duty or function"). If the officer's appearance in court as a witness or in another capacity is
connected with that officer's job-related duties and the officer is "actual[ly] discharg[ing]" those
duties by making the appearance, the exemption would apply. On the other hand, if the officer is
appearing as a witness or in another capacity unrelated to that officer's job-related duties, the
exemption would not apply.

7. In Tennessee, judicial powers are "vested in judges of the courts of general sessions" and
   in judges of the "circuit courts, criminal courts, common law and chancery courts, chancery courts,
   courts of appeals, and the supreme court, and other courts created by law." Tenn. Code Ann. § 16-
   1-101. As explained above in the analysis for question 5, those judges are exempt, under certain
   circumstances, from the prohibition on carrying a weapon in a building in which a judicial
   proceeding is in progress.

While judicial commissioners perform certain judicial functions, they are not vested with
judicial powers under Tenn. Code Ann. § 16-1-101. And, because judicial commissioners are not
vested with judicial power under § 16-1-101, they, unlike the judges who are so vested, cannot
avail themselves of the exemption provided to judges under Tenn. Code Ann. § 39-17-1306(c)(3).

Moreover, judicial commissioners are not elected. Thus, they cannot avail themselves of
the exemption provided by Tenn. Code Ann. § 39-17-1306(c)(4), which allows an "elected"
county or municipal official to carry a handgun in a building in which judicial proceedings are in
progress under specified conditions. Id. § 39-17-1306(c)(4) (an elected county or municipal
official with an enhanced handgun permit who "[i]s in the actual discharge of official duties" may
carry his or her handgun in the building as long as the official is not in the room in which the
judicial proceeding is in progress).

A judicial magistrate, on the other hand, could be exempt from the general prohibition
against carrying a weapon in any building in which judicial proceedings are in progress, if that
magistrate is otherwise also vested with judicial power under § 16-1-101. A magistrate is an
officer who has power to issue a warrant for the arrest of a person charged with a public offense,
Tenn. Code Ann. § 40-5-101, and the following are listed as magistrates within the meaning of
§ 40-5-101: (1) judges of the supreme court; (2) judges of the circuit and criminal courts; (3)
judicial commissioners; (4) judges of the courts of general sessions; (5) city judges in cities and
towns; and (6) judges of juvenile courts. Id. § 40-5-102.

But even though judicial commissioners are listed as magistrates along with judges of
courts of record, that alone does not entitle them to the same exemption from the prohibition on
carrying weapons to which judges are entitled. To qualify for that exemption, the "magistrate"
must also be vested with underlying judicial power under § 16-1-101, and not all officials
statutorily listed as magistrates are vested with that judicial power. Some officials authorized to
serve as magistrates are vested with judicial power under § 16-1-101, e.g., judges of the courts of
general sessions, while others are not, e.g., judicial commissioners, as discussed above.

In short, only those magistrates who are otherwise vested with judicial powers under Tenn.
Code Ann. § 16-1-101 and satisfy all of the other statutory conditions for the exemption provided
to judges by Tenn. Code Ann. § 39-17-1306(c)(3) are exempt from the general prohibition against
carrying a weapon in any building in which judicial proceedings are in progress. Judicial
commissioners, even when acting as magistrates, do not satisfy all of the statutory conditions for
the exemption because they are not vested with the judicial power of the State.

HERBERT H. SLATERY III
Attorney General and Reporter

ANDRÉE SOPHIA BLUMSTEIN
Solicitor General

LAURA T. KIDWELL
Assistant Solicitor General

Requested by:
The Honorable Terri Lynn Weaver
State Representative
425 Rep. John Lewis Way N.
Suite 554 Cordell Hull Building
Nashville, Tennessee 37243