Knox County School Board Oversteps It’s Authority

Sam Anderson in defending his boss, Knoxville Mayor “I oppose the Second Amendment” Bill Haslam says the resolution under consideration by the School Board is to inform the community that this is a complicated issue.

The Resolution authored by School Board Chair Indya Kincannon and under consideration on Wednesday October 7, 2009 says:

WHEREAS, Tenn. Code Ann. § 39-17-1309 prohibits weapons of any kind, including firearms, on school property; and

WHEREAS, Tenn. Code Ann. § 39-17-1309 makes it unlawful to carry a weapon on an “athletic field or any other property owned, used or operated by any board of education”; and

WHEREAS, on July 24, 2009, in Opinion No. 09-129 the Tennessee Attorney General opined that Chapter 428 of the 2009 Public Acts does not allow a person with a handgun carry permit to possess a firearm in a public park while the athletic fields or other recreational facilities are being used by schools; and

WHEREAS, the Knox County Board of Education uses facilities located within Knox County parks; and

WHEREAS, the Knox County Board of Education has allowed Knox County greenway trails to cross Knox County School property;

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF EDUCATION OF KNOX COUNTY AS FOLLOWS:

When Knox County Board of Education uses facilities located within Knox County parks for any school-sponsored activity, the Knox County park is subject to all applicable laws, rules and policies, including Tenn. Code Ann. § 39-17-1309; and

BE IT FURTHER RESOLVED THAT where Knox County greenway trails pass through property that is owned by Knox County Board of Education, the greenway trail is subject to all applicable laws, rules and policies, including Tenn. Code Ann. § 39-17-1309.

In addition, to Anderson and Kincannon’s lack of support for Second Amendment. Board Members Bratton and Carson voiced opposition to our Second Amendment rights. Board Members Murphy, Deakins, Stooksbury and Phillips did not speak for or against the Second Amendment rights of legal gun carry permit holders. Board Member Cindy Buttry was the lone voice of reason on the School Board being very cautious of overstepping their authority.

While Kincannon pointed out that Central High School plays baseball at Tommy Schumpert Park and is the reason for this resolution. While that is an example, the School Board should also understand that a club sport, especially at the middle school and some club sports at high school do not fall under a school sponsored sport.

Also, there is a flaw in Kincannon’s Resolution, when you are on a green way that passes through a school property as long as you do not step off the green way you are on the County green way property not school property. Step off the green way and onto school property with your concealed handgun then you are in violation.

A County Commissioner was called about this resolution and the comment was made well maybe it is time for County Commission to pass a resolution against Sexual Harassment.


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