wprebeck
This is a copy of my original letter asking for help from KC3 which recommended that I contact Rep. Damron. (Yep, that's the guy)
Dear Sir,
My name is @###%^^%.
My wife is a school teacher for the @#$% County Board of Education. My wife has been informed by the Board that if she carrys her weapon onto school property in her vehicle as stated by KRS 527,070 (3) even though she holds a CCDW permit that she could face disciplinary action as well as termination. After being informed of this, I contacted The Dept. Of Justice In Richmond KY and asked their opinion on the matter. Their interpretation of the statute was that she could legally carry onto the property as long as the weapon did not leave the vehicle. I contacted the Legal Council for the Kentucky State Police Carrying Concealed Unit. Their interpretation was the same however, they could not give me legal advice as to our rights. I then contacted the KY. Attorney Generals' Office. According to Assistant Attorney General Young, there is another statute which may give the Board the power to do what they say. That statute is 237.110 (13) (f). He could not however tell me certain that the board did or did not hold this power as a decision has never been made by the courts as to which statute would take precedence over the other.
I know my wife is not the only educator in this state to hold a CCDW. I am sure there are many more, however, I doubt those permit holders realize they may be in violation of the law and looking at prosecution by their school system if this matter is not decided by the courts. Assistant Attorney General Young suggested that I write a letter to that office asking said office to make a decision on the matter, however they are not obligated to do so.
I am not sure that I am qualified to proceed in this matter as it should be handled. Would KC3 be interested in pursuing this themselves? Or if KC3 would offer suggestions as to the content and wording of the letter and then possibly use their influence to help attempt to get this done? My biggest concern is that this is not only about my Wife and Myself, but would influence many other permit holders as well. I worry that I may not pursue the matter in the most appropriate manner needed. I am not a member of your association as I was just recently made aware of it while surfing the net, but fully intend to do so and recommend after getting into this mess that others do so as well.
Any and all suggestions and help would be greatly appreciated.
Respectfully Yours,
@##$$%^^&&
This is a copy of the letter sent to the Ag concerning the problem. Maybe it will explain better than I what the problem is.
As I stated before, the AG refused to make a decision.
Dear General Chandler:
It has come to my attention that several school boards are attempting to prohibit school personnel, both certified and non certified, from possessing firearms or other deadly weapons in their private vehicles parked on school property.
In connection therewith several questions arise?
1. May a local board of education prohibit an employee of the board who does not have a concealed deadly weapon license issued pursuant to KRS 237.110 from having a firearm in their vehicle on school property. It would appear that such a prohibition clearly violates the provisions of KRS 527.070(3)(a) which states "(3) The provisions of this section prohibiting the unlawful possession on school property shall not apply to:
(a) An adult who possesses a firearm, if the firearm is contained within a vehicle operated by the adult and is not removed from the vehicle, except for a purpose permitted herein, or brandished by the adult, or by any other person acting with the expressed or implied consent of the adult, while the vehicle is on school property;"
2. May a local board of education prohibit an employee of the board who does have a concealed deadly weapon license issued pursuant to KRS 237.110 from having a firearm in their vehicle on school property? It would appear that this situation is the same as that in question 1, except that KRS 237.110 (13)(f) states "(13) No license issued pursuant to this section shall authorize any person to carry a concealed firearm into: . . . (f) Any elementary or secondary school facility without the consent of school authorities as provided in KRS 527.070 . . .". Some school boards are attempting to construe "school facility" as the entire premises while the words "into" clearly imply a building and such an interpretation would clearly result in the absurd result that employees with a concealed weapon permit could not take advantage of the exemption contained in KRS 527.070 while non licensees could take advantage of the exemption. Such results are not favored by the courts.
3. With regard to the above discussions of the attempts by local boards of education to keep school employees from having firearms in their vehicles, license or no license, when private citizens may have firearms in their vehicles, do we not reach the same result and deny equal protection under the 14th amendment of the Constitution of the United States to school employees? In this instance a non school employee is clearly not covered by any contract with the school board and may take advantage of the provisions of KRS 527.070. Further, since a local school board is under the school laws of the Commonwealth a state agency, KRS 237.115(2) clearly states that the authority to regulate concealed weapons at a state agency level rests with the legislative body of the state, i.e. the General Assembly. The result is that the local board of education cannot expand upon or limit the rights guaranteed to everyone in KRS 527.070. This argument is further bolstered by the abortive attempt of the Department of Finance to prohibit the carrying of concealed deadly weapons in state buildings, and for which the administrative regulation involved was declared deficient and subsequently expired pursuant to the procedures contained in KRS Chapter 13A.
As usual, your prompt consideration of this matter is appreciated. Thank you.
wprebeck
Can you quote the statute? I'm not trying to be a butthead about it, but I'm looking at the statutes now, and not seeing anything.
I understand your problem. LOL I'm not the most eloquent person in the world to start with. And then after talking to all these folks, I was even more of a mess. Hopefully the letters will help you understand the problem.
After bringing all of this up again, I guess I need to contact Rep. Damron again and see if any headway has been made.
Edited cause I CSS
