HB 2514

Present law authorizes a person who petitions the court and is granted an order of protection, ex parte or otherwise, to, for 21 calendar days after that order of protection is granted, carry a handgu n that the person legally owns or possesses so long as the person has in the ir possession at all times while carrying the handgun a copy of the order of protection. For such purposes, a "handgun"" means a pistol, revolver, or other firearm of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech, does not exceed 12 inches . This bill removes this definition and, instead, defines a ""handgun"" as any firearm with a barrel length of less than 12 inches that is designed, made, or adapted to be fired with one hand . JUVENILE DELINQUENCY – NOTIFICATION TO SCHOOL If a child is found to be a delinquent child, present law requires the court to make a finding that the child's school must be notified if t he child was adjudicated delinquent for certain offenses, including the offense of c arrying weapons on public parks, playgrounds, civic centers, and other public recreational buildings and grounds . This bill removes this requirement for that specific offense. Present law also requires a child's school to be notified if t he child was adjudicated delinquent for handgun possession. This bill removes this requirement for such offense, and provides, instead, that a school must be notified if the child was adjudicated delinquent for u nlawful carrying of a firearm by a juvenile . ""FIREARM"" DEFINED Present law criminal offenses define a ""firearm"" as a weapon that will or is designed to or may readily be converted to expel a projectile by the action of an explosive; t he frame or receiver of any such weapon; a firearm muffler or firearm silencer; or a destructive device; and does not include an antique firearm . This bill removes this definition and, instead, defines a ""firearm"" as a weapon that will or is designed to expel a projectile by the action of an explosive . ""DEADLY FORCE"" DEFINED Present law provides that i t is generally a defense to prosecution that the conduct of the person is justified . For such defenses, ""d eadly force "" means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury . This bill removes this definition and, instead, defines ""d eadly force "" a s the use of force that is intended by the defendant to cause, and is capable of causing, death or a substantial risk of death . PROTECTION OF PROPERTY Unless a person is justified in using deadly force in la w, present law provides that a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property. This bill adds that a threat to use deadly force is not considered use of deadly force for purposes of protecting property, protecting a third person's property, and use of a device to protect property. This bill provides, generally, that a person who, in defense of real property the person lawfully owns, rents, or leases, threatens the use of deadly force, including by displaying a deadly weapon, against another who unlawfully entered the person's real property and refuses to leave upon request, is presumed to have been justified in doing so and must not be charged for the display of a deadly weapon and must not have the person's weapon confiscated. However, such justification is not presumed if any of the following are true:  The person knew or had reason to believe that the individual entering the property had a right to do so .  The individual entering the property immediately identifies themselves and states the lawful reason for being there, and, unless the individual has a right to be there, leaves upon request.  The individual entering the real property did so accidentally or without the intent to trespass and immediately leaves upon request.  The entering is brief and obviously innocent .  The entering or remaining on the real property is otherwise justified. JUSTIFIED USE OF FORCE DEFENSE This bill provides that a person who uses force as permitted by applicable common or statutory law is immune from criminal prosecution for the use of such force, unless t he individual against whom force was used is a law enforcement officer acting within their duties and the person using force knew or reasonably should have known that it was a law enforcement officer . The person is also not immune if t he force used resulted in the death or injury of an innocent bystander or other individual against whom the force was not justified . I n such a case, the immunity does not apply to a criminal prosecution related to the death or injury of the innocent bystander or other indivi dual against whom force was not justified. Procedure This bill authorizes a defendant to raise a justified use of force defense by submitting a written statement in a letter from the defendant or a person acting on their behalf. The letter must be addressed to at least one of the investigating law enforcement officers, the office of the district attorney general for the jurisdiction, or the clerk for the court in which charges have been filed. The defendant is not required to include any declaration or statement other than a statement that the defendant as serts that the use of force was justified. As used in this paragraph, a ""defendant"" means a person who uses or threatens to use force against another and asserts that the force used or threatened was justified, and includes any other person charged with, acting in concert with, or having criminal responsibility for a person w ho uses or threatens to use force. If a defendant raises a justified use of force defense, or evidence of such justification or self-defense is brought to the attention of or observed by law enforcement, then this bill requires all of the following to occur:  The appropriate law enforcement agency must conduct a full investigation of the potential defense of justification .  All evidence of the investigation must be preserved .  At the conclusion of the investigation, the investigating officer must generate a discoverable report of evidence relevant to the justification claim .  The law enforcement agency must not confiscate a person's weapon or charge or arrest the person for an offense based on the use of force unless the law enforcement agency has determined that there is probable cause to believe that the force used was unlawful and there is not probable cause to believe that the use of force was justified. If a law enforcement officer seeks to charge or arrest the person for an offense based on the use of force, then the officer must include as an affirmative element of the charging affidavit that the officer has complied with the requirements of this bill and that, based on the officer's investigation, there is not probable cause to believe that the defendant's use of force was justified. Probable Cause This bill prohibits a prosecutor from commencing a criminal prosecution for a criminal offense based on an alleged unlawful use of force, including a charge of being an accessory, before determining whether there is probable cause to believe that the use of force was unlawful and whether there is proba ble cause to believe that, based on a consideration of all the facts and available testimony, the state can prevail in negating any defense of justification at trial. If a law enforcement agency obtains an arrest warrant prior to consulting with the district attorney general, then this bill requires the district attorney general to make the probable cause evaluations required above before proceeding with the prosecution. If a law enforcement agency consults with the district attorney general before seeking an arrest warrant, then this bill requires the district attorney general to make the probable cause evaluations required above before the affidavit of complaint is submitted and the affidavit of complaint must comply with this bill. In any instance in which a grand jury indictment is sought on a matter involving the alleged unlawful use of force, including a charge of being an accessory, this bill requires the entity or individual presenting the matter to the grand jury to do all of the following :  Make required probable cause evaluations before presenting the matter to the grand jury .  Advise the grand jury that a claim of justification has been or may be raised .  Present to the grand jury for its consideration any evidence or testimony that is at that time available to the entity or individual on the issue of justification. Motions and Hearings Prior to the commencement of a trial, this bill authorizes the defendant to make a motion for a justified use of force hearing. Upon the defendant's motion, the trial court must conduct a hearing to determine whether the force used by the defendant was justified under applicable law. The defendant must file a motion under this bill no less than 90 days prior to trial. I f the defendant moves for a justified use of force hearing or upon the court's own motion, then this bill requires the court to expedite the hearing and issue a decision within 40 days of the motion. Either party may request additional time beyond the 40 -day period to prepare, in which case the court must order that the hearing be reset on the first docket following the time period granted for the continuance. The defendant is entitled to at least one hearing after being charged and at least one hearing following the conclusion of discovery. This bill provides that t he sole issue at the justified use of force hearing is whether the defendant used force or threatened the use of force in a manner that is justified by applicable law and is immune from criminal prosecution under this bill . This bill authorizes t he defendant to testify at the hearing. If the defendant chooses not to testify, then the defendant's silence cannot be used against the defendant in resolving the hearing. If the defendant chooses to testify, then the defendant's testimony cannot be used for any reas on other than the consideration of the hearing or for impeachment at trial if the defendant testifies at trial. If the defendant establishes a prima facie case that the use of force or threatened use of force was justified under applicable law, then this bill shifts the burden of proof to the prosecution to demonstrate by clear and convincing evidence that the use of force or threatened use of force was not justified. If, after a justified use of force hearing, the court concludes that the defendant has raised a prima facie case that the defendant's use of force was justified and the prosecution has failed to prove by clear and convincing evidence that the force was n ot justified, then this bill requires the court to enter an order finding the defendant immune from criminal prosecution and dismissing the criminal charges. If the court does not rule in favor of the defendant following a justified use of force hearing, then this bill provides that the defendant is not precluded from asserting at any other point in the case that the use of force was justified. Once the issue of justification has been raised by the defendant, the state bears the burden of proof at trial to prove beyond a reasonable doubt all of the elements of the charged conduct and to negate the claim that the use of force was justified. This bill prohibits t he prosecution from present ing evidence at trial that was not presented in a use of force hearing if such hearing was held. Attorney's Fees If the court dismisses the criminal prosecution because the prosecution failed to prove by clear and convincing evidence that the force was not justified at the hearing, then this bill requires the court to award the defendant attorney's fees, court costs, loss of income compensation, and all expenses incurred by the defendant in such defense . USE OF DEADLY FORCE BY A LAW ENFORCEMENT OFFICER Present law authorizes a law enforcement officer, after giving notice of the officer's identity as such, to use or threaten to use force that is reasonably necessary to accomplish an arrest of an individual suspected of a criminal act who resists or flees from the arrest. This bill authorizes a law enforcement officer who uses or threatens to use such force to raise a defense of justification pursuant to this bill. USE OF DEADLY FORCE BY PRIVATE CITIZEN S Present law generally authorizes a private citizen, in making an arrest authorized by law, to use force reasonably necessary to accomplish the arrest of an individual who flees or resists arrest . However, a private citizen cannot use or threaten to use deadly force, except as authorized under self-defense or defense of third person statut ory law. This bill removes the limitation that a private citizen cannot threaten to use deadly force, except to such extent, and provides, instead, that a threat to use deadly force, by itself, is not considered use of deadly force. However, a private citizen must not threaten to use deadly force unless the arrest is for a crime committed or threatened against the person making the arrest or a violent crime committed or threatened in the presence of such person. A "" violent crime "" means arson, intentional or knowi ng assault, burglary, carjacking, vandalism, intentional or knowing homicide, kidnapping, robbery, sexual battery, rape, and human trafficking, that involves intentionally or knowingly causing bodily injury or reasonable fear of bodily injury to another. CARRYING WEAPONS DURING JUDICIAL PROCEEDINGS Present law generally prohibits a person from intentionally, knowingly, or recklessly carry ing on or about the person while inside any building in which judicial proceedings are in progress certain weapon s, for the purpose of going armed . However, if the weapon carried is a firearm, then the person is in violation of this offense regardless of whether the weapon is carried for the purpose of going armed. A violation is a Class E felony, punishable by no less than one year in prison and a fine up to $3, 000. This bill removes the provisions in the above paragraph, and, instead, authorizes a court to prohibit the carrying of firearms in a court building or courtroom by posting signage. As used in this provision, a ""court building"" means a courthouse or building designated for the regular holding of judicial proceedings, which is identifiable to the public by plainly visible signage at each public entrance designating the building as a courthouse or court building. I f such place has been posted in accordance w ith this bill, then it is an offense to carry a firearm in that place . A violation is a Class A misdemeanor, punishable by up to 11 months, 29 days in prison ; a fine up to $2, 500 ; or both . Signage Requirements If a court elects to prohibit the carrying of firearms in the court building or courtroom as described above, then this bill requires, at all commonly used entrances, signs that include all of the following:  T he phrase ""NO FIREARMS ALLOWED "" at least 1"" high and 8"" wide.  T he phrase ""As authorized by T.C.A. § 39-17-1306 .""  A pictorial representation of the phrase ""NO FIREARMS ALLOWED"" that must include a circle with a diagonal line through the circle and an image of a firearm inside the circle under the diagonal line. The circle must be at least 4"" in diameter. The diagonal line must be at a 45° angle from the upper left to the lower right side of the circle. However, this bill does not require s ignage installed prior to July 1, 2026, to be updated if the signage clearly indicates the prohibition of firearms in the building in English, is sufficient ly size d, contain s a pictorial representation of a firearm in a circle with a diagonal line at a 45° angle, and is plainly visible. This bill provides that s ignage not compliant with such specifications does not prohibit a court from prohibiting the possession of weapons by persons who are not exempt, as listed below, or from enforcement of such prohibition, except that a person violating th e prohibition does not commit a criminal offense unless the person is made aware of the prohibition and refuses to comply. Exempted Persons This bill exempts from any prohibition on the carrying of firearms in a court building or courtroom a person who meets any of the following criteria :  Has been directed by a court to bring the firearm as evidence.  Is in the actual discharge of official duties as a law enforcement officer, or is employed in the armed forces, including the Tennessee national guard in the line of duty and pursuant to military regulations .  I s 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 .  Is not a defendant in a criminal case, or is not a party in a family law matter or child custody matter and i s either a law enforcement officer or vested with judicial powers ; or is a district attorney general, an attorney licensed to practice law in the United States and in good standing, or other officer of the court, and is authorized to carry a firearm or handgun, keeps the handgun concealed at all times, and is not in a room in which judicial proceedings are in progress. UNLAWFUL CARRYING OR POSSESSION OF A WEAPON Present law provides that a person commits an offense who carries, with the intent to go armed, a firearm or a club. The first violation is a Class C misdemeanor, and, in addition to possibl y up to 30 days imprisonment, may be punished by a fine not to exceed $500. A second or subsequent violation is a Class B misdemeanor, punishable by up to six months in prison, a fine of up to $500, or both. A violation is a Class A misdemeanor punishable by up to 11 months, 29 days in prison ; a fine up to $2, 500 ; or both, if the person's carrying of a handgun occurred at a place open to the public where one or more persons were present. This bill removes the provisions in this paragraph. Defenses Present law provides i t is a defense t o the offense of carrying, with the intent to go armed, a firearm or a club if the possession or carrying was b y a person possessing a club or baton who holds a valid state security guard/officer registration card as a private security guard/officer, issued by the commissioner, and who also has certification that the officer has had training in the use of club or baton that is valid and issued by a person certified to give training in the use of clubs or batons . It is also a defense if the possession or carrying was by a person possessing a club or baton who holds a certificate that the person has had training in the use of a club or baton for self-defense that is valid and issued by a certified person authorized to give training in the use of clubs or batons, and is not prohibited from purchasing a firearm under any local, state or federal laws . This bill removes these defenses. CARRYING WEAPONS ON SCHOOL PROPERTY Present law provides, generally, that i t is an offense for a person to possess or carry, whether openly or concealed, with the intent to go armed, any firearm, explosive, knife, knuckles, or any other weapon of like kind, not used solely for instructional or school-sanctioned ceremonial purposes, in a public or private school building, bus, or property owned, operated, or while in use by any board of education, school, college or university board of trustees, regents or directors for the administration of any public or private educational instit ution. However, present law provides i t is not an offense for a non - student adult to possess a pocket knife while the adult is on school property for the sole purpose of voting in an election if it is concealed and not handled by the adult, or by another person acting with the ir expressed or implied consent . A violation is a Class E felony, punishable by no less than one year in prison and a fine up to $3, 000. Additionally, present law generally provides that p ossess ing or carry ing a firearm, whether openly or concealed, on school property is a Class B misdemeanor, punishable by up to six months in prison, a fine of up to $500, or both . However, it is not an offense for a non - student adult to possess a firearm, if it is contained within a private vehicle operated by the adult and is not handled by the adult, or by a n other person acting with the expressed or implied consent of the adult, while the vehicle is on school property. This bill removes the provisions in the two prior paragraphs, and provides, instead, that i f a public or private school bus or building is properly posted according to certain standards outlined below under the heading "" Signage Standards, then it is an offense for a person to possess or carry, whether openly or concealed, with the intent to go armed, a firearm, explosive, explosive weapon, bowie knife, ice pick, dagger, slingshot, leaded cane, blackjack, knuckles, or any other weapon of l ike kind, includi ng razors and razor blades, not used solely for instructional or school-sanctioned purposes, while on a public or private school bus or inside of a public or private school building that offers any of the grades K-12 . A violation is a Class A misdemeanor, punishable by up to 11 months, 29 days in prison, a fine up to $2, 500, or both. However, this bill provides that it is not an offense for an adult to possess a firearm, if the firearm is contained within a private vehicle operated by the adult and is not handled by the adult, or by any other person acting with the expressed or implied consent of the adult, while the v ehicle is on school property. A violation is a Class B misdemeanor, punishable by up to six months in prison, a fine of up to $500, or both . Signage Standards Present law requires e ach chief administrator of a public or private school to display in prominent locations about the school a sign, at least 6"" high and 14"" wide, stating: "" FELONY. STATE LAW PRESCRIBES A MAXIMUM PENALTY OF SIX (6) YEARS IMPRISONMENT AND A FINE NOT TO EXCEED THREE THOUSAND DOLLARS ($3, 000) FOR CARRYING WEAPONS ON SCHOOL PROPERTY. "" This bill removes this provision. This bill, instead, generally requires such chief administrator to display in prominent locations about the school building, including all entrances, a sign, at least 6"" high and 14"" wide, stating: THE UNAUTHORIZED CARRYING OF WEAPONS ON A SCHOOL BUS OR INSIDE OF A SCHOOL BUILDING IS A CRIMINAL OFFENSE. The sign must i nclude a pictorial representation of a circle with a diagonal line through the circle and an image of a firearm, or firearm and knife, inside the circle. The entire pictorial representatio n must be at least 4"" high and 4"" wide. The diagonal line must be at 45° angle from the upper left to the lower right side of the circle. If a school already has a sign in accordance with present law as outlined above, this bill allows such a sign to have the same effect as a sign compliant with this bill. However, this bill authorizes a school to choose not to post such a sign or to instead post a warning to the public that armed personnel may be present on the school premises or that attackers will be met with force. As mentioned above, i f a school elects not to post pursuant to a sign or elects to instead post a warning, then the carrying of weapons on school property does not, in and of itself, constitute a criminal offense . H owever, the school may still restrict or prohibit carrying weapons on school property pursuant to school policy and is not prohibited from enforcing such policy, except as provided in this bill, or other state and federal laws. Exempt Persons This bill provides that the above-described offenses of carrying a weapon or firearm onto school property that has such signage, do not apply to the following people:  Persons employed in the army, air force, space force, navy, coast guard, or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties .  Civil officers of the United States in the discharge of their official duties .  Officers and soldiers of the militia and the national guard called into actual service .  Officers of any state, county, city, or town charged with enforcement of the law .  Any pupils who are members of the reserve officers training corps or pupils enrolled in a course of instruction or members of a club or team, and who are required to carry arms or weapons in the discharge of their official class or team duties .  Any private police employed by the administration or board of trustees of any public or private educational institution .  Any registered security guard/officer who meets the requirements of the Private Protective Services Licensing and Regulatory Act .  Persons within or on a public park, natural area, historic park, nature trail, campground, forest, greenway, waterway, or other similar public place, if the person is not otherwise prohibited from possessing or carrying the weapon possessed or carried by the person .  Nonstudent adults carrying a pocket knife, pepper spray, pepper gel, or mace while on school property for any lawful purpose .  Persons authorized to carry a handgun pursuant to handgun carry permits, if the person keeps the handgun concealed at all times. Higher Education This bill provides that such offenses do not apply to universities, college campuses, and other public or private non-kindergarten through twelfth grade educational institutions or property. T his bill further does not prohibit, and a public or private school, university, or educational institution must not prohibit, an adult student or other adult person permitted to be on campus or the school's or educational institution's property, from possessing mace, pepper spray, a pepper spray gun, pepper gel, a st un gun, or an electronic control device or other conductive energy device for purposes of self-defense. CARRYING WEAPONS ON PUBLIC PARKS AND BUILDINGS Present law generally provides that i t is an offense for a person to possess or carry, whether openly or concealed, with the intent to go armed, certain weapons, not used solely for instructional, display, or sanctioned ceremonial purposes, in or on the grounds of any public park, playground, civic center or other building facility, area or property owned, used or operated by any municipal, county or state government, for recreational purposes. If a greenway traverses a park that is owned or operated by a county, municipality, then the greenway is considered a portion of that park unless designated otherwise by the local legislative body. Such weapons include:  An explosive or an explosive weapon .  A device principally designed, made or adapted for delivering or shooting an explosive weapon .  A machine gun .  Hoax device .  Knuckles .  Any other implement for infliction of serious bodily injury or death that has no common lawful purpose. However, present law provides that the above offense pertaining to public parks and buildings does not apply to certain persons, such as (i) p ersons employed in the army, air force, navy, coast guard, or marine service of the United States or any member of the Tennessee national guard when in discharge of their official duties and acting under orders requiring them to carry arms or weapons ; (ii) o fficers of the state, or of any county, city or town, charged with the enforcement of the laws of the state, in the discharge of their official duties ; and (iii) a ny private police employed by the municipality, county, state or instrumentality thereof in the discharge of their duties . This bill deletes the above provisions under this heading and provides, instead, that it is not an offense for a person authorized to carry a firearm, or a person who is not prohibited from carrying a firearm, to do so in any state or local park, on a greenway or other recreational property, or, to the extent permitted by federal law, within or on property designated by the federal government as a national park, forest, preserve, historic park, military park, trail, or recreation area. TRANSPORTING AND STORING A FIREARM OR FIREARM AMMUNITION Present law authorizes certain person s to transport and store a firearm or firearm ammunition in the person's motor vehicle while on or utilizing a public or private parking area if certain requirements are met. Those so authorized include a person who is at least 21, or 18 if such person i s (i) an honorably discharged or retired veteran of the United States armed forces; (ii) honorably discharged member of the army, air, or air force national guard or reservist who has successfully completed a basic training program; or i s (iii) a member of the United States armed forces on active duty status or is a current member of the army, air, or air force national guard or reservist, who has successfully completed a basic training program . The person must also lawfully possess the handgun and be in a place where the person is lawfully present. This bill removes that such persons are authorized to transport and store firearms and ammunition in their motor vehicles, and provides, instead, that anyone who is not prohibited from possessing or carrying a firearm may transport and store firearms and ammunition in their motor vehicles, so long as such present law requirements are met. JUVENILE HANDGUN POSSESSION With certain exceptions, present law provides that it is an offense for a juvenile to knowingly possess a handgun. This bill removes this provision and provides, instead, that it is an offense for a juvenile to carry, with the intent to go armed, a firearm, as defined by this bill. POSSESSION OF HANDGUN WHILE UNDER INFLUENCE Present law provides that it is an offense for a person to possess a handgun while under the influence of alcohol or any controlled substance or controlled substance analogue. This bill removes this provision and provides, instead, that i t is an offense for such a person to possess a handgun in a public place. As used in this paragraph, ""u nder the influence of alcohol"" means the alcohol concentration in the person's blood or breath is 0.08% or more. LAW ENFORCEMENT OFFICERS PERMITTED TO CARRY FIREARMS Present law generally authorizes a law enforcement officer to carry firearms at all times and in all places within this state, on-duty or off-duty, regardless of the officer's regular duty hours or assignments, except for certain exceptions. However, such authority does not extend to a law enforcement officer in the following situations :  Who is not engaged in the actual discharge of official duties as a law enforcement officer and carries a firearm onto school grounds or inside a school building during regular school hours unless the officer immediately informs the principal that the officer will be present on school grounds or inside the school building and in possession of a firearm. If the principal is unavailable, the notice may be given to an appropriate administrative staff person in the principal's office .  Who is consuming beer or an alcoholic beverage or who is under the influence of beer, an alcoholic beverage, or a controlled substance or controlled substance analogue .  Who is not engaged in the actual discharge of official duties as a law enforcement officer while attending a judicial proceeding. This bill removes these exemptions. Community Corrections Officers Present law generally authorizes a community corrections officer who holds a valid handgun carry permit to carry a handgun at all times and in all places in this state while in the course of employment and engaged in the actual discharge of official duties, except certain exceptions, federal law, or lawful orders of court. However, such authorization only extends to community corrections officers in Claiborne, Grainger, Hancock, Hawkins, Jefferson, and Union counties. This bill removes the provision that restricts such authorization to such certain counties, thereby authorizing community corrections officers in all counties. HANDGUN PROHIBITION AT CERTAIN MEETINGS Present law generally authorizes an individual, corporation, business entity, or local, state, or federal government entity or agent thereof to p rohibit or restrict the possession of weapons by a person with a handgun carry permit who is at a meeting conducted by, or on property owned, operated, or managed or under the control of the individual, corporation, business entity, or government . However, notice of such prohibition or restriction must be posted in prominent locations and meet certain specifications. It is an offense to possess a weapon in a building or on property that is so posted. A violation is a Class B misdemeanor punishable by fine only of $500. This bill removes the provisions in the above paragraph and provides, instead, that, generally, an entity of local government or a permittee thereof is not authorized to enact or enforce a prohibition or restriction on the possession of a handgun by an enhanced handgun carry permit holder or concealed handgun carry permit holder on property owned or administered by the entity unless m etal detection devices and a t least one law enforcement or private security officer who has been adequately trained to condu ct inspections of persons entering the property by use of metal detection devices are provided at each public entrance to the property . Each person who enters the property through the public entrance when the property is open to the public and any bag, package, and other container carried by the person is inspected by a law enforcement or private security officer or an authorized represen tative with the authority to deny entry to the property. However, this bill provides that the provisions in the prior paragraph do not apply to any of the following places:  Facilities that are licensed by the department of mental health and substance abuse services or juvenile courts of the department of children's services.  Property on which firearms are prohibited on school property .  Courtrooms and court buildings .  Facilities that are correctional facilities, penitentiaries, or jails. RETIRED LAW ENFORCEMENT ANNUAL REQUIREMENTS TO CARRY A FIREARM Present law authorizes a law enforcement officer acting as an individual and not as an employee, agent, or on behalf of a governmental entity who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency, to utilize certain methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enfor cement officer to carry a firearm of the same type, including that a retired off icer is only required to undergo the criminal history background check portion of the certification process. Present law provides that n o fewer than 90 days prior to the expiration of the officer's initial certification, the office must undergo a criminal history background check in accordance with present law procedure s. This bill removes this provision and provides, instead, a t least 90 days prior to the expiration of the retired officer's certification, the retired officer must submit a request for recertification to the Tennessee POST commission. Upon receipt of the request for recertification, the Tennesse e POST commission must request a criminal history record check of the retired officer by the TBI. Upon request of the Tennessee POST commission, the TBI must conduct a criminal history record check using all computer searches available to the bureau based solely upon the retired officer's name, date of birth, and social security number, and send the results to the Tennessee POST commission. The retired officer is not required to submit a new set of fingerprints for recertification. LAW ENFORCEMENT OFFICER AS SCHOOL RESOURCE OFFICER If a law enforcement officer is assigned to a school as a school resource officer, then present law requires the chief of the law enforcement agency that assigned the law enforcement officer to notify the director of schools and the principal of the school of w hether the officer carries a firearm . This bill removes this notification requirement."