Tennessee firearms legislation: should teachers answer a call to arms?
Women fill the Tennessee Senate gallery on April 9. 2024, during a vote3 to arm teachers. (Photo: John Partipilo)
Members of the Tennessee legislature introduced dozens of bills in the recent legislative session that involve various categories of firearm sale, use or control.
Multiple bills were introduced that involve risk protection orders (sometimes termed “red flag” laws), firearm storage and firearm sales or use. Some bills, if enacted, would restrict firearm magazine capacity while other proposed legislation would prohibit the sale or purchase of assault weapons and devices to make such weapons function as an automatic weapon.
Another bill would render void any federal judicial “red flag” order. One bill creates a legislative scheme for public school teachers to carry a firearm in their school. This bill was recently signed into law by Gov. Bill Lee.
The new Tennessee legislation allowing public school faculty or staff to be armed has numerous constraints. Significant limitations include the following:
The school employee must not be prohibited from carrying a handgun under current state or federal law.
A concealed handgun is the type of firearm and method of carry specified.
The employee to be armed must have written authorization from the director of schools, the school principal, and a memorandum of understanding with the chief of the appropriate law enforcement agency.
The employee must take an initial 40 hours of basic training in school policing and must complete a minimum of 40 hours approved training that is specific to school policing each year to retain the authorization.
A background check and psychological evaluation of the employee are also required.
School locations where a firearm may not be carried include auditoriums and stadiums being used for school events.
The identity of armed teachers and staff is kept confidential.
The Local Education Agency is immune from claims for monetary damages that arise solely from or are related to the use of or failure to use a handgun by the authorized school employee.
The restrictions imposed and numerous potential unintended adverse consequences created by this legislation mean that many school systems in Tennessee will not approve armed faculty and staff. Some school systems have already announced that they will not allow teachers or staff to carry firearms on their grounds.
The currently Republican dominated legislature has turned to teachers and school staff to salve their consciences about their failure to take any effective action to curb Tennessee firearm violence anywhere, not just in schools
“Why?” is an important question involving any consideration of arming teachers and staff. Many schools already have trained School Resource Officers drawn from local law enforcement personnel. Lawmakers evidently concluded that some Tennessee local law enforcement agencies need supplementation. There are school districts that do not have school resource officers even though the legislature has appropriated money to hire them. Apparently, this legislature has not taken effective action to increase the number of trained school resource officers.
The current legislature also refused to enact laws drafted to reduce the number of guns stolen from vehicles, to require safe weapon storage, to reduce the number and types of guns in circulation or to enable courts to remove weapons more readily from those who have demonstrated a serious propensity for violence.
Instead, this currently Republican dominated legislature has turned to teachers and school staff to salve their consciences about their failure to take any effective action to curb Tennessee firearm violence anywhere, not just in schools. They silenced and ejected constituents who appeared at legislative sessions and sought to persuade the legislature to consider common sense. By failing to consider that “red state” Tennessee has a firearm death rate about twice that of California and around seven times the firearm death rate of Massachusetts, the legislative majority noticeably prefers to pander to the most vociferous gun rights advocates. In doing so, they demonstrate that their fear of being “primaried” trumps their duties as representatives of Tennessee’s citizens.
The conclusion is clear that Tennessee legislators who voted to allow armed public-school teachers failed to consider two key questions sufficiently: Is this legislation likely to be effective and Is this legislation wise?
The Tennessee “arm the teachers” legislation superficially allowing public school faculty and staff to carry guns has the potential for tragic disasters and is awash with so many hurdles, caveats, and restrictions that few if any Tennessee school districts are likely to use it. When distilled to its essence, this newborn law is a legislative con job by those who want to appear to have done something to prevent school firearm violence while at the same time doing nothing. Back in Roman times, at least Nero fiddled.
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