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![handle is hein.sag/sagtn0183 and id is 1 raw text is: STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
January 24, 2022
Opinion No. 22-01
Carrying Handguns in Buildings in Which Judicial Proceedings Occur
Ouestion 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.
Ouestion 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.
Ouestion 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?](ViewImageLocal?handle=hein.sag/sagtn0183&div=1&collection=&method=preview&ext=.png&size=3)