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Carrying and school

Discussion in 'Legal' started by Thedub88, Apr 28, 2011.

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  1. Thedub88

    Thedub88 Member

    Joined:
    Mar 8, 2010
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    Location:
    Massachusetts
    My state prohibits carry on elementary or secondary school property. I work for a non - profit org. that deals with persons with disabilities, from birth to death. We have a "daycare" (sign says daycare) center located in one of our buildings that I rarely go to. The daycare only occupies about 25% of the entire building.

    My question is, is daycare or preschool listed as a elementary school?

    I know concealed is concealed, but just wondering if i'll have any trouble if I have to go there.

    thanks for any help!

    Thedub
     
  2. NavyLCDR

    NavyLCDR member

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    Sorry I can't help you with MA law, until I look it up... but one must be careful to also look in administrative code as well as statutes. In WA, the prohibition of firearms in daycare centers is in the daycare licensing section of the WA Administrative Code. In order to obtain a daycare license, firearms must be prohibited on the premesis by the license holder. It's the Department of Licensing's way of getting around state preemption.

    So, in WA, it is not a criminal offense to carry a gun into a daycare, but according to their license they are supposed to ask you to leave with your firearm, and tresspass you if you don't.
     
  3. GRIZ22

    GRIZ22 Member

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    My question is, is daycare or preschool listed as a elementary school?

    I know concealed is concealed, but just wondering if i'll have any trouble if I have to go there.


    As Navy LT said it all depends on the wording in your state law.

    Saying concealed is concealed and continuing to carry in a facility where its not allowed by law is asking for trobule IMO. Would you see how many times you could get away with carrying in a federal facility?
     
  4. azmjs

    azmjs member

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    Location:
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    You should contact your local country/district/commonwealth attorney, whoever it is that would be prosecuting you if you did break the law, and ask them.
     
  5. hermannr

    hermannr Member

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    I would be of the opinion that because the "daycare" does not occupy the whole building, any MA restriction (if any) would be limited to that part of the building that is daycare.
     
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