NC Help Needed: I take my daughter to daycare in the morning, how do I CC?

This is a discussion on NC Help Needed: I take my daughter to daycare in the morning, how do I CC? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by jhabers Thanks for the replay. Does a daycare fall into the category of an "Educational Property"? The best I can tell you ...

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Thread: NC Help Needed: I take my daughter to daycare in the morning, how do I CC?

  1. #31
    VIP Member Array NC Bullseye's Avatar
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    Quote Originally Posted by jhabers View Post
    Thanks for the replay. Does a daycare fall into the category of an "Educational Property"?
    The best I can tell you is that if you took your CHP class prior to Dec of 2011 you probably saw a video of a lawyer discussing the laws and part of the video was on carry on educational facilities. He made reference to nursery schools etc and that it would likely be considered "educational property". The instructors at the NC justice academy that teach the people who give the CHP class always stress that when in doubt the safest legal course of action is to not carry. This is one of those cases that I'd not want to be the one fighting the test case. You have much to loose and little to gain after the dust settles.

    Quote Originally Posted by Landric View Post
    Well, not exactly, if said parent in question is a law enforcement officer, probation officer, or someone from the DA's office who is authorized to carry a weapon, then said person can legally carry on educational property anywhere in the state. I know that doesn't help most people out, but as it stands now, those are the only people in NC who can legally carry on educational property.
    This is true but the OP made no mention of being LEO, probation officer, or DA official. There are others that aren't any of these that are authorized to carry on educational property also but none of these seem to apply so to avoid loosing the points in the minutia I didn't elaborate on them.
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  3. #32
    VIP Member Array chiefjason's Avatar
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    The key is what defines school and educational property? What I can tell you is this. Somewhere in the NCGS codes there IS a definition. At the moment I can't seem to track it down. If you want to look for yourself try searching here.

    North Carolina General Assembly - General Statutes Table of Contents

    Then the question becomes, "Does your preschool fit the criteria." My personal opinion is that a lot of them don't. But you need to look into that for yourself. As NC Bullseye said, the safest bet is not to push it. But if I have a question, and in searching out an answer I find out it's legal; then generally I don't consider following the law to be pushing it and I proceed how I wish. But until I have that answer for myself and I'm ready to defend my ability to do it, I don't push it.
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  4. #33
    Distinguished Member Array noway2's Avatar
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    Quote Originally Posted by chiefjason View Post
    The key is what defines school and educational property? What I can tell you is this. Somewhere in the NCGS codes there IS a definition. At the moment I can't seem to track it down. If you want to look for yourself try searching here.
    That was answered in post 17:
    NC Statute 14‑269.2 - Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.
    Find out who owns and operates the day care. Is it a private company or operated by the board of education?

  5. #34
    Member Array Badbullgator's Avatar
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    Based on this site I would say daycares are NOT schools. As you can see here schools are exempt from daycare licensees. Daycare in NC is anyone caring for two or more children that are not related to the person providing care.

    Regulated Child Care in NC

    If you go on to read the license requirements it becomes every clear that daycare IS NOT A SCHOOL with a few exceptions such as school run daycare programs (k-12 that also provide daycare)

    North Carolina Daycare Licensing Statutes - Daycare.com

    Sometimes you have to look outside gun regs to find your answer. If you like you can look up NC requirements for private schools and you will see they are far different than daycare and there is much more regulation.

    DAYCARE in most cases is not equal to a school.

    The requirements for schools are below.

    http://www.ncga.state.nc.us/enactedl...article_39.htm

    http://www.ncdnpe.org/hhh104.aspx

    Daycares are to schools what security guard companies are to police departments. Unless your daycare has a program that enrolls students in academic programs that meet the standards decsribed above, it is not a school and prohibitions on carrying do not apply.
    Last edited by Badbullgator; November 24th, 2012 at 01:29 PM.
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  6. #35
    VIP Member Array chiefjason's Avatar
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    Quote Originally Posted by noway2 View Post
    That was answered in post 17:
    No, there is an actual definition to what educational property is in the GS. If the daycare meets that criteria it's educational property. If it does not meet the criteria it is not. And 14-269 is the concealed weapons statute so it does not define the terms in that statute. I wish I could find the darn thing. I looked and just could not find. And being private is not the be all, end all. Because private schools are educational property. And local boards of education do not operate private schools. Like I said, there is a definition of school in there that would probably put and end to all the guessing. I might look more later.
    I prefer to live dangerously free than safely caged!

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