Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun

Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun

This is a discussion on Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; He has a concealed carry permit, the police couldn't find a code section to charge him under, but he was arrested anyway! Vice Principal of ...

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Thread: Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun

  1. #1
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    Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun

    He has a concealed carry permit, the police couldn't find a code section to charge him under, but he was arrested anyway!

    Vice Principal of CA School Sues City and PD After Being Arrested for Carrying Gun on Campus

    A Tevis Junior High School administrator who was arrested and subsequently released last month after bringing a gun to school has filed a claim against the city of Bakersfield and its police department, according to his attorney Daniel Rodriguez.
    I hope he's successful in his lawsuit. This could be another blow against California's draconian carry laws.
    Ben

    Cogito, ergo armatum sum. I think, therefore I am armed. (Don Mann, The Modern Day Gunslinger; the ultimate handgun training manual)



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    Senior Member Array vice87's Avatar
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    interesting.

    a majority of states across the nation prohibit carrying on any school grounds unless for a pickup or drop off, regardless of a permit.

    one of the most anti-gun states in the union, of which i've read charges upwards of $500+ for a carry permit, does not have or simply overlooked that law.

    It's December 1941 in Casablanca, what time is it in New York?

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    BPD officer:
    "What do you mean it's not illegal? It has to be. They said so on CNN!"
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    Wow, can't believe the peoples republic of CA missed that one. That state LOVES to regulate EVERYTHING.

    I am assuming that Mr. Rodriguez is OK with losing his job. It sounds like he may have a good case for getting the arrest thrown out, but I cannot see a school district in CA letting him keep his job.
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    I hope he wins.
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    Distinguished Member Array dangerranger's Avatar
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    If he is a sharp teacher He will find other work! I have seen talented felons keep their jobs. A CCW holder is not prohibited from carrying on school grounds here in CA. That doesn't mean the school had no policy against it. And "If" it was reported correctly He did not have the gun on his person. That also may bite him. What did the police have to do to access the gun? Ill be interested in how this plays out! DR
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    I'm just wondering who ratted him out? Had to be someone he trusted.
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    How dare he try to keep the students safe! What was he thinking? I know, the school must not have those "gun free/drug free school zone" signs, or the no gun stickers to protect the kids.

    Hope he had a loaded chamber indicator on that gun. This crazy gun owner probably has a non compliant California emissions on his car too.

    I'd like to know how long it took the police to show up and protect those kids from this crazed maniac? Maybe they arrested him for their own job security? After all, he was trying to do their job, police are the only ones responsible enough and properly qualified to protect the public.

    Too much Sarcasm? Sorry, but this is just ridiculous! I hope he is off on paid leave, and gets a BIG paycheck after this is over.

    How crazy would it be if the school has an issue while this guy is on leave?

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    I hope he wins his case and I think the BPD should have to pay something just for being bone heads about it. However, i have a feeling the school will probably let him go over it. Of course this being Cali he may be able to sue the school and not have to worry about working agian, especially if they didn't have a policy to begin with.
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    Two critical questions unanswered by article:

    1. Was he actually booked at station? Arrest without booking is not an arrest.
    2. Did school have issue addressed in Faculty Handbook or had any administrative officials addressed it in teacher meeting?

    Answers to both of these would completely alter the case.

    He had admitted to carry on numerous occasions at school, so whether he was armed at time of arrest is mute point.
    If issue had not been covered by #2 above he should have been simply advised not to come armed to school again. If it had been properly addressed he is SOL and will probably never teach in CA again. As indicated in article, school has right to dismiss him.

    Without further information about point 1 and 2, nobody out here can make even a qualified opinion about this incident.
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    IIRC, California's an at-will employment state. I can see going after the supposedly groundless arrest, but I think it'll be hard to prevail against dismissal for any or no reason, so long as it's not a "protected" reason (due to ethnicity, gender, etc).


    As for the wordsmithing: forcible detainment is, by any standard, an arrest. Might not result in getting booked or charged, but one's movements have certainly been arrested in the simplest sense of the term. If he wasn't free to go, he was being arrested. Of course, the point is really whether it was a justifiable arrest, or whether they were actually searching for a non-existent statute to charge him with but arrested him anyway.
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    Quote Originally Posted by wjh2657 View Post
    Two critical questions unanswered by article:

    1. Was he actually booked at station? Arrest without booking is not an arrest.
    2. Did school have issue addressed in Faculty Handbook or had any administrative officials addressed it in teacher meeting?

    Answers to both of these would completely alter the case.

    He had admitted to carry on numerous occasions at school, so whether he was armed at time of arrest is mute point.
    If issue had not been covered by #2 above he should have been simply advised not to come armed to school again. If it had been properly addressed he is SOL and will probably never teach in CA again. As indicated in article, school has right to dismiss him.

    Without further information about point 1 and 2, nobody out here can make even a qualified opinion about this incident.
    If an individual is detained and not allowed to leave within a reasonable amount of time (courts have ruled around 20 min), they are effectively under arrest. If you are handcuffed and taken to the station, you are under arrest.
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    Distinguished Member Array Arborigine's Avatar
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    Not only is a CCW holder allowed to carry concealed in California schools, an non-CCW holder can be authorized by someone like the Vice Pricipal. I'd say he has grounds for a lawsuit.

    From Handgunlaw.us,

    "California code 626.9. (a) This section shall be known, and may be cited, as the Gun-Free School Zone Act of 1995.
    (b) Any person who possesses a firearm in a place that the person knows, or reasonably should know, is a school zone, as defined in paragraph (1) of subdivision (e), unless it is with the written permission of the school district superintendent, his or her designee, or equivalent school authority, shall be punished as specified in subdivision (f).
    (c) Subdivision (b) does not apply to the possession of a firearm under any of the following circumstances:
    (1) Within a place of residence or place of business or on private property, if the place of residence, place of business, or private property is not part of the school grounds and the possession of the firearm is otherwise lawful.
    (2) When the firearm is an unloaded pistol, revolver, or other firearm capable of being concealed on the person and is in a locked container or within the locked trunk of a motor vehicle. This section does not prohibit or limit the otherwise lawful transportation of any other firearm, other than a pistol, revolver, or other firearm capable of being concealed on the person, in accordance with state law.
    (3) When the person possessing the firearm reasonably believes that he or she is in grave danger because of circumstances forming the basis of a current restraining order issued by a court against another person or persons who has or have been found to pose a threat to his or her life or safety. This subdivision may not apply when
    the circumstances involve a mutual restraining order issued pursuant to Division 10 (commencing with Section 6200) of the Family Code absent a factual finding of a specific threat to the person's life or safety. Upon a trial for violating subdivision (b), the trier of a fact shall determine whether the defendant was acting out of a reasonable belief that he or she was in grave danger.
    (4) When the person is exempt from the prohibition against carrying a concealed firearm pursuant to Section 25615, 25625, 25630, or 25645.
    626.9 (l) This section does not apply to a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the
    federal government who is carrying out official duties while in California, any person summoned by any of these officers to assist in making arrests or preserving the peace while he or she is actually engaged in assisting the officer, a member of the military forces of this state or of the United States who is engaged in the performance of his or her duties, a person holding a valid license to carry the firearm pursuant to Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6, or an armored vehicle guard, engaged
    in the performance of his or her duties, as defined in subdivision
    Handgunlaw.us 7
    Note: So carry on School property is legal if you have a California Issued Permit/License to Carry. The School can keep Students, Faculty and others who work on campus from carrying and can expel them or fire them for carrying firearms but they are not breaking a law just a rule of the School. "
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    Sounds like grounds for a false arrest suit.
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    New Member Array KnifeGuy's Avatar
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    Just found this thread while reading back a few days.

    Call me crazy, but if *I* were a parent and somebody at the school was a licensed carrier, I would feel a LOT better sending my kid to that school knowing the school was protected. Heck, forgot ONE carrier, how about 5 or 6, and post a sign on the front door advertising that you have armed staff there?

    I should think THAT would make any sick freaks out there look for a different place to target, and if they DO target that school, they are NOT gonna get very far.
    ccw9mm likes this.

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