Poll carrying on school property


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beretta9
December 18, 2007, 02:04 PM
State law and the federal Gun-Free School Zone Act prohibit anyone — including employees and non-employees — from bringing firearms onto public school grounds or into school buildings. Klamath Falls City Schools has a policy prohibiting guns on campus, although it does not have a specific policy regarding guns carried by those with a concealed weapons permit. A court recently upheld a Medford School District policy that prohibits concealed weapon permit holders to carry firearms on school property. Klamath Falls City Schools district officials may consider adopting a similar policy.

Please hit this poll: WWW.HeraldandNews.com

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romma
December 18, 2007, 02:08 PM
Hmm? can't get results on my end..

Henry Bowman
December 18, 2007, 02:35 PM
The poll asks for your location (list of specific communities). Seems they want to know what the locals think.

jrfoxx
December 19, 2007, 05:46 AM
Worst poll ever.The poll question isnt even factually/legally accurate.:cuss::banghead:(I set them straight on all that in the comments block though.)

State law and the federal Gun-Free School Zone Act prohibit anyone — including employees and non-employees — from bringing firearms onto public school grounds or into school buildings.

Not true.Both state and federal law exempt those with a concealed weapons permit issued by the state in which the school is located.

A court recently upheld a Medford School District policy that prohibits concealed weapon permit holders to carry firearms on school property

No, what the court said was an EMPLOYEE who violated school POLICY by bringing a gun on school property, even with a permit, could be FIRED.Thats it.It only applies to school employees, and they can only be fired if discovered.No crime, at all, whatsoever in Oregon if you have a permit,regardless of you being a school employee, are just some random Joe off the street.Also, we have state premption here, so what any city, county, district, whatever says is worthless.Only the state legislature can regulate the open or concealed carry of handguns by those with a valid Oregon permit, and the only off-limit places are courtrooms and secure areas of prisons, jails, and police stations.That's it.Also, "no guns" signs mean absolutely nothing here, legally.Various places have gotten smacked down on the premption thing by the courts, lawyers, and the Oregon Firearms Federation.

jfh
December 19, 2007, 08:25 AM
I think jrfoxx got the details and issues right, FWIW.

Meanwhile, I did the poll, and submitted this comment:

People with concealed carry permits are not the problem, but having gun-free zones where crazies feel secure to act out their hostilities are.


Jim H.

Owens
December 19, 2007, 08:46 AM
Of all the polls I've seen posted here on THR, this one is the most interesting. First one I've seen that lets you give reasons as to why you are answering one way or another. Will be most interesting to see what they will do with the data. Hopefully, it won't get massaged too much. Will watch this one for sure.

beretta9
December 20, 2007, 11:21 PM
Thanks JRFOXX for setting them straight. The herald and News seem to be anti-gun but apparently do not have the backbone to come right out with it. They are in favor of banning teachers from being allowed to protect themselves.
Haven't seen anything in today's paper about it.

Alan Fud
December 21, 2007, 11:33 PM
Not true.Both state and federal law exempt those with a concealed weapons permit issued by the state in which the school is located.I don't believe that even with a CCW license I can carry on school grounds in PA.

CNYCacher
December 22, 2007, 12:20 AM
Yeah, state laws vary from state to state.
NYS for example disallows all firearms on any school grounds, even private colleges. However, it is written into the law that anyone who has written permission from the school administration is exempt, and may bring weapons onto school grounds.

Also, I am not sure about the federal gun free school zone act. . . this is the first i have heard of such a thing and I think it probably doesn't exist.

lance22
December 22, 2007, 12:40 AM
hit it

wuchak
December 22, 2007, 12:51 AM
Here's what the Fed's say. In their book if you are CCW holder or you have the unloaded gun in a locked container you are not in violation. Beyond this it depends your state and local laws.

18 USC 922(q)(1) Federal Gun-Free School Zones

(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B) Subparagraph (A) does not apply to the possession of a firearm--

(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is--

(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone
and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm--

(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is
participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.

(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

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