For Tn ---- see very last part;
Tennessee updated 1/14/2006
EXCERPTS
39-17-1301. Part definitions.
As used in this part, unless the context otherwise requires:
(1) "Club" means any instrument that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument;
(2) "Crime of violence" includes any degree of murder, voluntary manslaughter, aggravated rape, rape, especially aggravated robbery, aggravated robbery, burglary, aggravated assault or aggravated kidnapping;
(6) "Immediate vicinity" refers to the area within the person's immediate control within which the person has ready access to the ammunition;
(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument;
(8) "Knuckles" means any instrument that consists of finger rings or guards made of a hard substance and that is designed, made or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles;
(14) "Switchblade knife" means any knife that has a blade which opens automatically by:
(A) Hand pressure applied to a button or other device in the handle; or
(B) Operation of gravity or inertia;
[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 1; 2001, ch. 375, §§ 1, 2.]
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39-17-1302. Prohibited weapons.
(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:
(7) A switchblade knife or knuckles; or
(8) Any other implement for infliction of serious bodily injury or death which has no common lawful purpose.
(b) It is a defense to prosecution under this section that the person's conduct:
(1) Was incident to the performance of official duty and pursuant to military regulations in the army, navy, air force, coast guard or marine service of the United States or the Tennessee national guard, or was incident to the performance of official duty in a governmental law enforcement agency or a penal institution;
(2) Was incident to engaging in a lawful commercial or business transaction with an organization identified in subdivision (b)(1);
(4) Was incident to using the weapon in a manner reasonably related to a lawful dramatic performance or scientific research;
(5) Was incident to displaying the weapon in a public museum or exhibition;
(6) Was licensed by the state of Tennessee as a manufacturer, importer or dealer in weapons; provided, that the manufacture, import, purchase, possession, sale or disposition of weapons is authorized and incident to carrying on the business for which licensed and is for scientific or research purposes or sale or disposition to the organization designated in subdivision (b)(1); or
(c) It is an affirmative defense to prosecution under this section which the person must prove by a preponderance of the evidence that:
(1) The person's conduct was relative to dealing with the weapon solely as a curio, ornament or keepsake, and if the weapon is a type described in subdivisions (a)(1)-(5), that it was in a nonfunctioning condition and could not readily be made operable; or
(2) The possession was brief and occurred as a consequence of having found the weapon or taken it from an aggressor.
[Acts 1989, ch. 591, § 1; 1990, ch. 1029, §§ 2, 11; 2001, ch. 375, §§ 3, 4; 2002, ch. 849, § 5.]
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39-17-1306. Carrying weapons during judicial proceedings.
(a) No person shall intentionally, knowingly, or recklessly carry on or about the person while inside any room 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 such weapon is carried for the purpose of going armed.
(b) Any person violating subsection (a) commits a Class E felony.
(c) The provisions of subsection (a) shall not apply to any person who:
(1) Is in the actual discharge of official duties as a law enforcement officer, or is employed in the army, air force, navy, coast guard or marine service of the United States or any member of the Tennessee national guard in the line of duty and pursuant to military regulations, or is in the actual discharge of official duties as a guard employed by a penal institution, or as a bailiff, marshal or other court officer who has responsibility for protecting persons or property or providing security; or
(2) Has been directed by a court to bring the firearm for purposes of providing evidence.
[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 5; 2000, ch. 988, § 2.]
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39-17-1307. Unlawful carrying or possession of a weapon.
(a) (1) A person commits an offense who carries with the intent to go armed a firearm, a knife with a blade length exceeding four inches (4"), or a club.
(2) An offense under subdivision (a)(1) is a Class C misdemeanor, except it is a Class A misdemeanor if the person's carrying of a handgun occurred at a place open to the public where one (1) or more persons were present.
(b) (1) A person commits an offense who possesses a handgun and:
(A) Has been convicted of a felony involving the use or attempted use of force, violence or a deadly weapon; or
(B) Has been convicted of a felony drug offense.
(c) (1) A person commits an offense who possesses any deadly weapon with intent to employ it in the commission of or escape from an offense.
[Acts 1989, ch. 591, § 1; 1990, ch. 1029, § 6.]
