Fact check: Bill arming Tennessee teachers explained

NASHVILLE, Tenn. (WSMV) - A bill that would allow teachers to carry a concealed gun on campus and school property has been passed by the Tennessee General Assembly.

It passed on the Senate floor on Tuesday with 26 votes for and five votes against and was held on the House desk until it took up a vote later in the day. HB1202 passed by a 68-28 vote, with 2 representatives deciding not to vote. The Senate version of the bill was passed by a 26-5 vote on April 9.

“There’s been a lot of misinformation about this legislation,” said Senator Paul Bailey (R-Sparta), the bill’s Senate sponsor during the floor session. “This bill does not require any teacher in the state to carry a gun while working.”

Bill allowing armed teachers in Tennessee schools passes, heads to Gov. Lee’s desk

If passed, this bill would allow school staff members to carry a concealed gun upon completing training, background checks, and a psychological evaluation. Substitute teachers or part-time employees cannot participate.

How will teachers/school employees be able to conceal carry on school property?

The bill stipulates that school employees must undergo yearly background checks, psychological evaluations, and 40 hours of training to carry a concealed handgun. The school employees would also have to receive the approval of a superintendent, principal, and chief of police or law enforcement agency.

Who will know who’s carrying a concealed gun on school property?

Upon further review, WSMV4′s Marissa Sulek found that the bill would prohibit parents in Tennessee from being informed about whether their child’s teacher is carrying a concealed gun or not.

“Are parents notified if a teacher in their child’s school is carrying a weapon?” asked Sen. Akbari on Tuesday during the Senate floor session.

“That information is kept confidential,” said Sen. Bailey, the bill’s sponsor.

He said three people would know who has a gun in a school.

“The director of schools, principal and the chief of the appropriate law enforcement agency are the only ones notified of those permitted to carry,” explained Sen. Bailey.

School Resource Officers (SROs) would also know who is carrying a gun in a school, Bailey confirmed.

“In 2016, the legislature passed legislation allowing for faculty and staff members to carry on college campuses,” Bailey explained. “This just follows the same precedent that we passed in 2016, relative to state colleges and universities. And also, it’s the element of surprise,”

Who will be held liable if something were to happen?

The liability would be on the staff member, not the district or school if it’s used, Sen. Bailey confirmed to WSMV4.

“Well, of course, the school district as well as either the chief of police or the sheriff’s department, they will be involved. But the liability falls back on to that individual if they seek this authorization,” Bailey said. “Again, that’s just another hurdle to make sure that that person is fully qualified to be able to conceal carry, you know, on school grounds.”

Where will the gun be stored or how will it be carried on school property?

The handgun must be concealed or properly stored to prevent theft, Bailey said.

What do law enforcement agencies think of the bill?

No official response to the bill has been released from any law enforcement agencies in Tennessee. However, Bailey said he’s worked with the Department of Safety, Tennessee Bureau of Investigation, Tennessee Sheriff’s Association and Tennessee Chiefs of Police Association.

“I have worked with the Department of Safety, the Tennessee Bureau of Investigation the Tennessee Sheriff’s Association, and Tennessee Chiefs of Police Association on this legislation and all are neutral, and all have weighed in,” Bailey said.

“TBI is going to be involved because of the background checks. You’ve got department safety, who issues the handgun carry permit, and then obviously, you have to have the psychological evaluation. And then either it’s going to be the local sheriff or it’s going to be the chief of police. That has to be in agreement with the director of schools as well as the principal to allow someone to be authorized to carry inside the school.”

When asked about the neutral position these departments/associations have taken, Bailey said:

“Well, basically, they have provided their input. We have put that information that they have given us into the legislation, and therefore, they are not opposed to it. But we have taken what they have suggested, and that they will, if it becomes state law, then they will implement what the legislation says. And if it’s affecting their department. In other words, if it’s affecting the Department of Safety, they will implement whatever the legislation says that they’re to implement, as well as the Tennessee Bureau of Investigation. And then when it comes to the Sheriffs Association, and the Police Chiefs Association, they’re just in agreement that this is the best pathway forward.

Do other states allow school employees to carry a firearm on campus?

“Well, I would like to say that there are 33 states currently that have teacher carry. So, you know, and there are blue states and red states that actually have a teacher carry permitting process. So, Tennessee would just join those 33 states if this legislation passes the House and makes it to the governor’s desk,” Bailey explained.

According to the National Conference of State Legislatures, the following states allow firearms on K-12 school grounds:

Anyone with permission from school authority: Alaska, Arizona, Connecticut, Georgia, Iowa, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Montana, New Jersey, Nevada, Ohio, Oregon, South Carolina, Texas, Utah, Vermont

Concealed carry license holders:

CC permit alone: Alabama, Oregon, Utah

CC permit and permission from school authority: Idaho, Indiana, Missouri, Oklahoma

School employees (other than security):

CC permit and permission from school authority: Idaho, Kansas

Permission from school authority and required training: Florida, South Dakota

Permit, permission from school authority, and required training: Missouri, Oklahoma, Tennessee (only in qualifying districts), Texas, Wyoming

“At least nine states—Idaho, Florida, Kansas, Missouri, Oklahoma, South Dakota, Tennessee, Texas and Wyoming—specifically list school employees as exempt from their ban on firearms on K-12 school grounds. All of these states require a school employee to first get approval from a school authority such as the school board or superintendent. Seven states—Idaho, Kansas, Missouri, Oklahoma, Tennessee, Texas and Wyoming—also require school employees to be licensed to carry a firearm. In addition, seven states—Florida, Missouri, Oklahoma, Tennessee, Texas, South Dakota and Wyoming—also require school employees to complete training programs, typically provided by a local law enforcement agency,” the NCSL said.

What happens next?

The bill is expected to be on the House floor next week.

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