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

The opinion holds that the second clause of § 39-17-1306(a) bars all firearms, including handguns, in a building while judicial proceedings are in progress, regardless of permit status. It reads "judicial proceedings are in progress" expansively: under the analysis from Op. 19-07, a judge carrying out judicial work in chambers (reviewing briefs, doing legal research, writing an opinion) counts, even when alone. The opinion adds that when no proceeding is in progress and the building is not posted under § 39-17-1359, a permit holder or person carrying under § 39-17-1307(g) may carry a handgun there unless another specific restriction applies.

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 opinion holds that the § 39-17-1306(c)(1) exemption applies only when an officer is "in the actual discharge of official duties," and that this turns on the nature of the officer's job-related duties. Under the opinion, appearing in court as a witness or in a capacity connected to the officer's job is actual discharge; appearing in a capacity unrelated to those duties is not, and the exemption would not apply.

If you are a judicial commissioner

The opinion holds that a judicial commissioner is not exempt. Although § 40-5-101 lists commissioners as magistrates, they are not vested with judicial power under § 16-1-101, so the § 39-17-1306(c)(3) judge exemption does not reach them, nor does the § 39-17-1306(c)(4) elected-official exemption (commissioners are not elected).

If you are a prosecutor or defense attorney

The opinion holds that for handgun cases the operative provision is the second clause of § 39-17-1306(a) (all firearms), not the first clause keyed to the § 1302(a) list. It also holds that a conviction requires proof the person acted intentionally, knowingly, or recklessly, so whether a charge lies when proceedings begin after entry is fact-specific. The opinion holds that lack of posted notice is not a defense (citing State ex rel. Lawrence Cnty. v. Hobbs).

If you administer a courthouse or county building

Under the opinion, judicial proceedings are "in progress" whenever a judge is carrying out judicial work anywhere in the building, even alone in chambers. The opinion notes that a posting under § 39-17-1359 reaches all weapons regardless of whether a proceeding is underway, a tighter restriction than § 39-17-1306 alone.

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 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: Can general sessions judges use the judge exemption? A: They can, 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. The opinion identifies general sessions judges as vested with that power.

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. § 39-17-1359 (property-owner posting)
• 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)

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)

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