Author Topic: School board thinks they can supersede state gun laws  (Read 4174 times)

ericire12

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School board thinks they can supersede state gun laws
« on: October 21, 2009, 01:58:05 PM »
http://www.thesunnews.com/142/story/1126193.html?



Quote

Permit or not, no concealed guns allowed in Georgetown County

GEORGETOWN -- School employees, students and visitors to schools will now need to make sure they leave their concealed weapons at home, even if they have a permit.

The Georgetown County School District voted Tuesday to ban all concealed weapons from all district property, including parking lots.

The move was in response to a plea from the Georgetown Police Department.

A state law enacted in June made an exception to the state's ban on weapons on school property. The law allows those with permits to have a concealed weapon on school grounds if it is in a parked car in a locked compartment or if the individual is inside the vehicle.

"Law enforcement is against this 100 percent," said Capt. Nelson Brown of the Georgetown Police Department. "We go with a zero-tolerance policy with firearms on school property."

People will break into cars and if there are guns there it will mean that firearms are in the hands of non-permitted individuals, Brown told school board members. He also said confrontations could escalate with students if they know they can break into a teacher's car and get a gun.

Concealed weapons permits are issued to adults 21 and who have taken a trained safety course, passed an exam and background check.

The law passed by the General Assembly in June was designed to protect people who have permits and keep guns in their cars when dropping their children off at school, and teachers who keep their guns in their cars for protection during their commute, said Sen. Shane Martin, R-Spartanburg, one of the sponsors of the legislation.

"I'm talking to you from the standpoint as a parent and from a law enforcement standpoint," Brown said. "Weapons on school grounds is a bad idea."

The school began considering the ban before an incident Friday at Carolina Forest High School in Horry County, in which a student armed with knives was shot to death during a fight with the school's resource officer.

School Board Vice Chairman Benny Elliott expressed concern that the way the district's policy is written it would hurt parents and others who drop children off at school and teachers who carry concealed weapons for protection while traveling to school.

"We have teachers that travel all across this county, who will now say 'I can't carry my gun between my house and 40 miles,'" Elliott said. "What if someone is carrying for protection? You can't stop kids from coming to school armed. Look at that kid at Carolina Forest High School. He didn't have a concealed weapons permit and he brought a weapon to school and attacked someone."

Elliott pointed out that criminals will find a way around the system and it was important to protect the rights of those who have the proper permits.

Brown responded with, "The ends justify the extremes."

The police department does not plan to go after parents and others who are driving on school grounds to pick up and drop of their children, Brown said.

After some discussion the board voted to pass the ban, which will affect students, all district employees and visitors. Signs are expected to go up soon around schools.

District employees who violate the ban could lose their jobs. Visitors who do not adhere to the ban could face charges. The consequences for each violation will be determined on a case-by-case basis, said Superintendent Randy Dozier.

Dozier said he has been surprised by the amount of attention the ban has attracted from the media and from gun lobbyists. He said he has had calls from several newspapers and television stations on the issue.

"My job is to provide the safest possible environment,'' he said. "If you have guns on campus...the possibility is there that someone could access them."

As for a local policy counteracting state law, Dozier said there has been legal precedence when an employer is able to ban concealed weapons on their property.

Employees who have concealed weapons permits and weapons can park off school grounds, Dozier pointed out.

The district does use drug-sniffing dogs for random testing about once a month at different sites around the district.

The dogs do pick up the smell of gunpowder and will be able to detect some weapons, Dozier said.

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Hazcat

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Re: School board thinks they can supersede state gun laws
« Reply #1 on: October 21, 2009, 02:04:15 PM »
I'd be the first to ignore this local BS!  The school board thinks it can over ride state law?  What idiot teaches civics there?

In Florida the law states:

790.33  Field of regulation of firearms and ammunition preempted.--

(1)  PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.


I wonder if there is something like this in that state.
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Ulmus

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Re: School board thinks they can supersede state gun laws
« Reply #2 on: October 21, 2009, 02:10:40 PM »
I can't wait to seem them get sued and prsecuted for ignoring the law.

ericire12

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Re: School board thinks they can supersede state gun laws
« Reply #3 on: October 21, 2009, 02:19:29 PM »
I'd be the first to ignore this local BS!  The school board thinks it can over ride state law?  What idiot teaches civics there?

In Florida the law states:

790.33  Field of regulation of firearms and ammunition preempted.--

(1)  PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void. This subsection shall not affect zoning ordinances which encompass firearms businesses along with other businesses. Zoning ordinances which are designed for the purpose of restricting or prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a method of regulating firearms or ammunition are in conflict with this subsection and are prohibited.


I wonder if there is something like this in that state.

The dude is an idiot.... he said he is basing it on the precedent that an employer can ban concealed weapons on their property.... well yes and no.... They can fire someone for it, but it is not illegal.

I also really laugh at his logic... saying "If you have guns on campus...the possibility is there that someone could access them. confrontations could escalate with students if they know they can break into a teacher's car and get a gun"... but then he just says that employees who carry a gun in their car can park off campus. So I guess this will solve everything because students would never walk the extra 20 feet over to the parking lot that is right next to the school and break into those cars. No, sir! ::)
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Clark Kent

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Re: School board thinks they can supersede state gun laws
« Reply #4 on: October 21, 2009, 04:28:52 PM »
I can't wait to seem them get sued and prsecuted for ignoring the law.
This might be one fight better not fought.   It could backfire and activate the victim disarmament shriekers to get guns banned on school grounds statewide, as they are in Virginia.  A lot depends on the political balance of power and public mood at any given time. 
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Re: School board thinks they can supersede state gun laws
« Reply #5 on: Today at 02:06:10 AM »

JC5123

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Re: School board thinks they can supersede state gun laws
« Reply #5 on: October 21, 2009, 05:55:25 PM »
This might be one fight better not fought.   It could backfire and activate the victim disarmament shriekers to get guns banned on school grounds statewide, as they are in Virginia.  A lot depends on the political balance of power and public mood at any given time. 

Sorry, I gotta call foul on that thinking. It's gun owners NOT standing up to BS like this that have gotten us to this point in the first place. First of all, Schools cannot hide behind private property rights. Schools are NOT private property. Second, with all the school shootings that have been happening, is it really smart to take guns away from the very people who could stop another atrocity? But that would be making sense, and using logic combined with upholding our RIGHTS as free citizens. And that just doesn't fit with the zero tolerance mold.

Clark, you've got to be willing to butt heads with these idiots. Because the more we let slide, the more they are going to keep chipping away at our rights.
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Hazcat

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Re: School board thinks they can supersede state gun laws
« Reply #6 on: October 21, 2009, 05:58:43 PM »
Sorry, I gotta call foul on that thinking. It's gun owners NOT standing up to BS like this that have gotten us to this point in the first place. First of all, Schools cannot hide behind private property rights. Schools are NOT private property. Second, with all the school shootings that have been happening, is it really smart to take guns away from the very people who could stop another atrocity? But that would be making sense, and using logic combined with upholding our RIGHTS as free citizens. And that just doesn't fit with the zero tolerance mold.

Clark, you've got to be willing to butt heads with these idiots. Because the more we let slide, the more they are going to keep chipping away at our rights.

+1
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Clark Kent

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Re: School board thinks they can supersede state gun laws
« Reply #7 on: October 21, 2009, 07:14:15 PM »
I don't disagree, but why let them always pick the battlefield? 

We've been proactive in Virginia on several fronts.  When certain local judges started arbitrarily denying CCW permits to anyone who didn't hire a lawyer, we lobbied the legislature to pass a "shall issue" provision.   Instead of fighting this issue case by case at the local level, we jumped over the judiciary and rendered them moot.  Now, the personal prejudices of judges cannot intrude in the process.   

This year the Virginia General Assembly passed legislation requiring localities to put back on the market guns purchased in "buyback" programs.  The GA also overrode a veto by the governor to allow CCW applicants to complete online courses to satisfy the "firearms training" requirement.  Previously applicants had to take courses in person, an inconvenience for people who did not live near a location where such training was offered. 

Granted, these are small steps, but they are advances.   We've found that by picking the right fights and fighting smart, with agility and persistent lobbying, we are prevailing.  The victim disarmers are the ones who are sliding.   
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Hazcat

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Re: School board thinks they can supersede state gun laws
« Reply #8 on: October 21, 2009, 07:18:50 PM »
Clark,

It seems to me that there is no choice here.  They are ignoring state law.  Should they be allowed?
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tombogan03884

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Re: School board thinks they can supersede state gun laws
« Reply #9 on: October 21, 2009, 07:19:13 PM »
 God help me if I ever wind up in that town  ;D

You need to go back to school for a refresher in Civics.You enforce the laws, you don't make them, or interpret them. That is done by Legislators and Judges. Your job is just to shut up and enforce them.
Instead of making up your own stuff, why don't you enforce some REAL laws, like say, immigration law. It's an federal as well as International crime to illegally cross a border. How many have you arrested for THAT.
I have some advice, next time you think about acting above your pay grade, shut up and have a another donut.

 

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