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Bill

HB 312

Criminal Offenses - As introduced, creates a Class A misdemeanor for recklessly storing a firearm in a manner that a person knows or reasonably should know will allow a child younger than 18 years of age to access the firearm and the child brings the firearm to a school. - Amends TCA Title 39, Chapter 17, Part 13.

114th Regular Session (2025-2026) Introduced by Bo Mitchell

Tennessee bill criminalizes reckless firearm storage enabling child school access as Class A misdemeanor, targeting negligent gun owners.

P2C, ref. to Judiciary Committee
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Bill Summary · HB 312

Legislative bill overview

HB 312 creates a Class A misdemeanor criminal offense in Tennessee for recklessly storing a firearm in a manner that allows a child under 18 to access it, specifically when that child brings the firearm to school. The bill targets negligent gun storage practices that result in child access and subsequent school-based incidents.

Why is this important

School safety and child access to firearms remain contentious public policy issues. This bill attempts to create criminal accountability for gun owners whose unsecured weapons end up in children's hands and create school endangerment situations. It reflects ongoing national debate about balancing gun owner rights with child safety and school security.

Potential points of contention

  • Reasonable knowledge standard: The "reasonably should know" language is subjective and could lead to inconsistent prosecution or unintended liability for gun owners in ambiguous storage situations
  • Scope limitation: The offense only applies when a child actually brings the firearm to school, potentially leaving other serious incidents (accidental shootings at home, in public) without this specific charge
  • Second Amendment concerns: Gun rights advocates may argue this constitutes overreach into lawful firearm ownership and storage decisions
  • Enforcement challenges: Proving what a gun owner "reasonably should know" about their storage practices requires significant investigation and evidence gathering
  • Parental vs. owner liability: Unclear whether this holds parents accountable or gun owners who reside elsewhere

Compiled from official sources — confirm details with the bill’s official record.

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