2010 Tennessee Code
Title 39 - Criminal Offenses
Chapter 17 - Offenses Against Public Health, Safety and Welfare
Part 13 - Weapons
39-17-1362 - Imitation firearm Defined Offense to display in threatening manner in public place.

39-17-1362. Imitation firearm Defined Offense to display in threatening manner in public place.

(a)  As used in this section, unless the context otherwise requires:

     (1)  “Imitation firearm” means an object or device substantially similar in coloration and overall appearance to a firearm, as defined in § 39-11-106(a), as to lead a reasonable person to perceive that the object or device is a firearm; and

     (2)  “Public place” means a place to which the public or a group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, places of business, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence. An act is deemed to occur in a public place if it produces its proscribed consequences in a public place, even if the person engaging in the prohibited conduct is not in a public place.

(b)  A person commits an offense who intentionally displays in a threatening manner an imitation firearm in a public place in a way that would cause a reasonable person to fear bodily injury to themselves or another.

(c)  It is a defense to a violation of subsection (b) if the imitation firearm is displayed in connection with, or as a part of, any justifiable defense as set forth in chapter 11, part 6 of this title.

(d)  A violation of this section is a Class B misdemeanor.

(e)  Nothing in this section shall be construed to prohibit prosecution under any other law.

[Acts 2008, ch. 1173, § 1.]  

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