School board thinks they can supersede state gun laws

[Clark Kent]

Clark,

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

They shouldn't, but it could come down to a judge ruling on a lawyer's interpretation of the law.  That's not always a good place to be - even worse if a jury gets involved.  If a lawsuit is filed in this situation, the complainant needs to be someone articulate and of impeccable reputation in the community, because the case will undoubtedly get a lot of publicity (it already has), and if it's a jury trial the outcome is anything but certain.  I learned in years of covering trials as a news reporter never to predict the mind of a jury.  A lawyer once tried to get me to bet him that he'd win his case after telling the jury his client was a "scumbag."  He did win - not much, but enuf money to at least pay his legal fees and buy his client a new flat screen TV.   

In this situation it might be a better risk to push for legislation that adds some teeth to the existing provision, including civil penalties for anyone who thumbs his or her nose at the law.  That would get the moron's attention. 

[Rob10ring]

Of course, the easy solution to keeping students from accessing guns that are stored in vehicles is to allow the CCW licensees to carry them on their person. That is the safest place for them and where the owner can control access to them the most.

[tombogan03884]

 I have to agree with Clark more or less. Locally this should be handled with public opinion, bury them under negative feed back. But to act through "Official Channels", what Clark is proposing is the age old military strategy of seizing the high ground.
If the City Govt acts up, hit them from the state level, if, as in Il. the State Govt. acts up, hit them from the Federal level.

[TAB]

Its best not to take this to court, the best thing to do is make enough noise at who ever is incharge of enforcing state laws( atty general, or what ever thier title is) that they actually enforce the law.

[tt11758]

http://www.cityofgeorgetownsc.com/police.aspx

Domestic terrorism is defined by the United States Department of Defense as "the unlawful use or threatened use of force or violence against individuals or property to coerce or intimidate governments or societies, often to achieve political, religious or ideological objectives."

Is the school's passage, at the request of LE to ban guns from school grounds, in violation of state law, not the EPITOME of the definition of domestic terrorism, as quoted from the Georgetown, SC PD website?

[Sponsor]

[twyacht]

Too many previous posts and examples fully disclose the "zero tolerance" policy,

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.

WTF does this have to do with the article??

School Bds. here in S. Fl, have enormous power, even to levy tax rates, by administrative idiots that want to make blanket policy by a predominant left wing ideology.

The weasels are going to get precedents to stifle CCW, 2nd Amend. ANY WAY THEY CAN!!! The line in the sand is drawn. No more RE-action, time for more PRO action.

Take them to court, fight them in the media, (it usually ends there), when you expose the roaches to the light of the Constitution, and say enough is enough.

A West Point Applicant, Eagle Scout, Honor Student was suspended for an additional 15 days for a 2" pocket knife locked in his car that NY State doesn;t even consider a weapon.

Enough is enough. Their weasels and cowards drunk on Kool-Aid. Time for a reality slap by those willing to remind them of what country this is.

[brosometal]

First an enterprising pro 2A lawyer needs to offer representation in a public forum like an open letter in the local newspaper. 

If you dis allow me the right of self defense, you then you must offer to provide it to me by default.  Once the local jackdonkey's sitting on the school board realize the financial risk they are undertaking by such a foolish regulation.  Money talks.  Add the sitting school board members personally and that is a lot of liability.

You must also keep the resource officer from carrying his weapon.  Then you can get police union involved. 

They mentioned the stabbing student and his subsequent death via that school's resource officer.  Did that student dig through the employees' cars to get the knife or did he bring it in clear violation of the "rules"?  Did the presence of the officer's weapon have any effect of the outcome of the stabbing? 

The mere mention of the stabbing in this instance is a red herring.  Like most violent encounters in or out of school, the conclusion of violence is sped by the swift application of weapons.  I prefer the sweep of the cover garment as opposed to the dash to the vehicle or dialing 911, but I'm not King...

[TAB]

First an enterprising pro 2A lawyer needs to offer representation in a public forum like an open letter in the local newspaper. 

If you dis allow me the right of self defense, you then you must offer to provide it to me by default.  Once the local jackdonkey's sitting on the school board realize the financial risk they are undertaking by such a foolish regulation.  Money talks.  Add the sitting school board members personally and that is a lot of liability.

You must also keep the resource officer from carrying his weapon.  Then you can get police union involved. 

They mentioned the stabbing student and his subsequent death via that school's resource officer.  Did that student dig through the employees' cars to get the knife or did he bring it in clear violation of the "rules"?  Did the presence of the officer's weapon have any effect of the outcome of the stabbing? 

The mere mention of the stabbing in this instance is a red herring.  Like most violent encounters in or out of school, the conclusion of violence is sped by the swift application of weapons.  I prefer the sweep of the cover garment as opposed to the dash to the vehicle or dialing 911, but I'm not King...

any law student could fight that and win.  I will give you three very good arguments against that.

1.  You are not stoping them from defending themselfs.

2.  The police do not have to protect you... why should a private company?

3.  Can you pay for all losses of said biz owner if you screw up... if you don't have atleast 1 mil assets.... don't bet on it.  If something really bad happens, even 10 mil might not cover it.

[brosometal]

Reading comprehension needed here.  We are talking schools not businesses.  In other words, we are talking about public property.  Second, we are talking about a violation of state and federal law. 

I have two words for your three arguments: Jury trial.  Also, the idea behind the plan of action is to illustrate to the school board the massive liability they would incur.  School boards don't like liability.

I understand that California has some real problems with reason.  You shouldn't let it effect you.

[TAB]

you really want it going to court?

remember the police do not have to protect you, why should a school?


a case based on, "I can't protect myself without a gun"  is going to be a loser. 


Lets just say for the sake of argument that you win your case, and can now carry, but they make you carry insurance on your CCW( just like car insurance).   Don't say that can't happen, several companys are already offering it, how big of a step do you think it will be for them to get it made law?

Here is another out come, lets say you win, you still can't carry a gun, but now they must defend you... how much more do you think its going to cost to go to school? 


Like it or not, there is alot less "head ache" and liabity having a "no weapons" policy, then there is allowing them.