I want you to chime in with an opinion.

I want you to chime in with an opinion.

This is a discussion on I want you to chime in with an opinion. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I included Georgia's Weapon Free School Zone law for you to take a look at. What I am interested in is what the law says ...

Results 1 to 10 of 10

Thread: I want you to chime in with an opinion.

  1. #1
    Distinguished Member Array Doc Holliday's Avatar
    Join Date
    Mar 2006
    Location
    Georgia
    Posts
    1,675

    Gun Free School Zone: I want you to chime in with an opinion.

    I included Georgia's Weapon Free School Zone law for you to take a look at. What I am interested in is what the law says it doesn't apply to, particulary section 17 which I have in bold. Being a teacher, could I interpret this as meaning I could carry my firearm with me as long as it is locked in the truck. This also confuses me: Shouldn't Federal law trump the states provision on weapons on campus since we are still regulated by the Federal Gun Free School Zone law?


    16-11-127.1 G
    *** CODE SECTION *** 12/03/01

    16-11-127.1.

    (a) As used in this Code section, the term:

    (1) "School safety zone" means in, on, or within 1,000 feet of any
    real property owned by or leased to any public or private
    elementary school, secondary school, or school board and used for
    elementary or secondary education and in, on, or within 1,000 feet
    of the campus of any public or private technical school,
    vocational school, college, university, or institution of
    postsecondary education.

    (2) "Weapon" means and includes any pistol, revolver, or any
    weapon designed or intended to propel a missile of any kind, or
    any dirk, bowie knife, switchblade knife, ballistic knife, any
    other knife having a blade of two or more inches, straight-edge
    razor, razor blade, spring stick, metal knucks, blackjack, any
    bat, club, or other bludgeon-type weapon, or any flailing
    instrument consisting of two or more rigid parts connected in such
    a manner as to allow them to swing freely, which may be known as a
    nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or
    any disc, of whatever configuration, having at least two points or
    pointed blades which is designed to be thrown or propelled and
    which may be known as a throwing star or oriental dart, or any
    weapon of like kind, and any stun gun or taser as defined in
    subsection (a) of Code Section 16-11-106. This paragraph excludes
    any of these instruments used for classroom work authorized by the
    teacher.

    (b) Except as otherwise provided in subsection (c) of this Code
    section, it shall be unlawful for any person to carry to or to
    possess or have under such person's control while within a school
    safety zone or at a school building, school function, or school
    property or on a bus or other transportation furnished by the school
    any weapon or explosive compound, other than fireworks the
    possession of which is regulated by Chapter 10 of Title 25. Any
    person who violates this subsection shall be guilty of a felony and,
    upon conviction thereof, be punished by a fine of not more than
    $10,000.00, by imprisonment for not less than two nor more than ten
    years, or both; provided, however, that upon conviction of a
    violation of this subsection involving a firearm as defined in
    paragraph (2) of subsection (a) of Code Section 16-11-131, or a
    dangerous weapon or machine gun as defined in Code Section
    16-11-121, such person shall be punished by a fine of not more than
    $10,000.00 or by imprisonment for a period of not less than five nor
    more than ten years, or both. A child who violates this subsection
    shall be subject to the provisions of Code Section 15-11-63.

    (c) The provisions of this Code section shall not apply to:
    (1) Baseball bats, hockey sticks, or other sports equipment
    possessed by competitors for legitimate athletic purposes;

    (2) Participants in organized sport shooting events or firearm
    training courses;

    (3) Persons participating in military training programs conducted
    by or on behalf of the armed forces of the United States or the
    Georgia Department of Defense;
    (4) Persons participating in law enforcement training conducted by
    a police academy certified by the Peace Officer Standards and
    Training Council or by a law enforcement agency of the state or
    the United States or any political subdivision thereof;

    (5) The following persons, when acting in the performance of their
    official duties or when en route to or from their official duties:

    (A) A peace officer as defined by Code Section 35-8-2;

    (B) A law enforcement officer of the United States government;

    (C) A prosecuting attorney of this state or of the United
    States;

    (D) An employee of the Georgia Department of Corrections or a
    correctional facility operated by a political subdivision of
    this state or the United States who is authorized by the head of
    such correctional agency or facility to carry a firearm;

    (E) A person employed as a campus police officer or school
    security officer who is authorized to carry a weapon in
    accordance with Chapter 8 of Title 20; and

    (F) Medical examiners, coroners, and their investigators who are
    employed by the state or any political subdivision thereof;

    (6) A person who has been authorized in writing by a duly
    authorized official of the school to have in such person's
    possession or use as part of any activity being conducted at a
    school building, school property, or school function a weapon
    which would otherwise be prohibited by this Code section. Such
    authorization shall specify the weapon or weapons which have been
    authorized and the time period during which the authorization is
    valid;

    (7) A person who is licensed in accordance with Code Section
    16-11-129 or issued a permit pursuant to Code Section 43-38-10,
    when such person carries or picks up a student at a school
    building, school function, or school property or on a bus or other
    transportation furnished by the school or any weapon legally kept
    within a vehicle in transit through a designated school zone by
    any person other than a student;

    (8) A weapon which is in a locked compartment of a motor vehicle
    or one which is in a locked container in or a locked firearms rack
    which is on a motor vehicle which is being used by an adult over
    21 years of age to bring to or pick up a student at a school
    building, school function, or school property or on a bus or other
    transportation furnished by the school, or when such vehicle is
    used to transport someone to an activity being conducted on school
    property which has been authorized by a duly authorized official
    of the school; provided, however, that this exception shall not
    apply to a student attending such school;

    (9) Persons employed in fulfilling defense contracts with the
    government of the United States or agencies thereof when
    possession of the weapon is necessary for manufacture, transport,
    installation, and testing under the requirements of such contract;
    (10) Those employees of the State Board of Pardons and Paroles
    when specifically designated and authorized in writing by the
    members of the State Board of Pardons and Paroles to carry a
    weapon;

    (11) The Attorney General and those members of his or her staff
    whom he or she specifically authorizes in writing to carry a
    weapon;

    (12) Probation supervisors employed by and under the authority of
    the Department of Corrections pursuant to Article 2 of Chapter 8
    of Title 42, known as the "State-wide Probation Act," when
    specifically designated and authorized in writing by the director
    of the Division of Probation;

    (13) Public safety directors of municipal corporations;

    (14) State and federal trial and appellate judges;

    (15) United States attorneys and assistant United States
    attorneys;

    (16) Clerks of the superior courts; or

    (17) Teachers and other school personnel who are otherwise
    authorized to possess or carry weapons, provided that any such
    weapon is in a locked compartment of a motor vehicle or one which
    is in a locked container in or a locked firearms rack which is on
    a motor vehicle.

    (d)(1) This Code section shall not prohibit any person who resides
    or works in a business or is in the ordinary course transacting
    lawful business or any person who is a visitor of such resident
    located within a school safety zone from carrying, possessing, or
    having under such person's control a weapon within a school safety
    zone; provided, however, it shall be unlawful for any such person
    to carry, possess, or have under such person's control while at a
    school building or school function or on school property, a school
    bus, or other transportation furnished by the school any weapon or
    explosive compound, other than fireworks the possession of which
    is regulated by Chapter 10 of Title 25.

    (2) Any person who violates this subsection shall be subject to
    the penalties specified in subsection (b) of this Code section.

    (3) This subsection shall not be construed to waive or alter any
    legal requirement for possession of weapons or firearms otherwise
    required by law.

    (e) It shall be no defense to a prosecution for a violation of this
    Code section that:

    (1) School was or was not in session at the time of the offense;

    (2) The real property was being used for other purposes besides
    school purposes at the time of the offense; or

    (3) The offense took place on a school vehicle.

    (f) In a prosecution under this Code section, a map produced or
    reproduced by any municipal or county agency or department for the
    purpose of depicting the location and boundaries of the area on or
    within 1,000 feet of the real property of a school board or a
    private or public elementary or secondary school that is used for
    school purposes or within 1,000 feet of any campus of any public or
    private technical school, vocational school, college, university, or
    institution of postsecondary education, or a true copy of the map,
    shall, if certified as a true copy by the custodian of the record,
    be admissible and shall constitute prima-facie evidence of the
    location and boundaries of the area, if the governing body of the
    municipality or county has approved the map as an official record of
    the location and boundaries of the area. A map approved under this
    Code section may be revised from time to time by the governing body
    of the municipality or county. The original of every map approved
    or revised under this subsection or a true copy of such original map
    shall be filed with the municipality or county and shall be
    maintained as an official record of the municipality or county.
    This subsection shall not preclude the prosecution from introducing
    or relying upon any other evidence or testimony to establish any
    element of this offense. This subsection shall not preclude the use
    or admissibility of a map or diagram other than the one which has
    been approved by the municipality or county.

    (g) A county school board may adopt regulations requiring the
    posting of signs designating the areas within 1,000 feet of school
    boards and private or public elementary and secondary schools as
    "Weapon-free and Violence-free School Safety Zones."
    Last edited by Doc Holliday; March 9th, 2007 at 12:30 AM.
    Why Ike, whatever do you mean? Maybe poker's just not your game Ike. I know! Let's have a spelling contest!


  2. #2
    VIP Member Array Redneck Repairs's Avatar
    Join Date
    Nov 2005
    Location
    Colorado
    Posts
    5,134
    Ill just respectfully suggest you contact Euclid from this board , he dont post as much here as he used to , but is i suspect more up to speed on the subject of educators and arms than anyone else on the board .

    edited to add" Euclid = Euclidean or howeaver you spell that math term lol .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

    Criminals are looking for victims, not opponents.

  3. #3
    Senior Member Array my2cents's Avatar
    Join Date
    Jul 2006
    Location
    Apex, NC
    Posts
    583
    That's the way I read it. It's a step in the right direction, but in a SHTF situation, your weapon, being in a locked container, or outside in a truck could be irrelevant.
    Walk steathly - and carry a big Springfield.

  4. #4
    Member Array gotammo's Avatar
    Join Date
    May 2006
    Location
    CT
    Posts
    443
    Authorized person may be covered under
    (6) A person who has been authorized in writing by a duly
    authorized official of the school to have in such person's
    possession or use as part of any activity being conducted at a
    school building, school property, or school function a weapon
    which would otherwise be prohibited by this Code section. Such
    authorization shall specify the weapon or weapons which have been
    authorized and the time period during which the authorization is
    valid

  5. #5
    Distinguished Member Array Doc Holliday's Avatar
    Join Date
    Mar 2006
    Location
    Georgia
    Posts
    1,675
    Quote Originally Posted by gotammo View Post
    Authorized person may be covered under
    (6) A person who has been authorized in writing by a duly
    authorized official of the school to have in such person's
    possession or use as part of any activity being conducted at a
    school building, school property, or school function a weapon
    which would otherwise be prohibited by this Code section. Such
    authorization shall specify the weapon or weapons which have been
    authorized and the time period during which the authorization is
    valid
    I interpreted this to mean someone who might be on campus that would be doing a firearm presentation. Like the idiot DEA agent that we have all seen shoot himself in the foot on youtube or perhaps a Civil War re-enactor guest speaker with firearms for demonstration.
    Why Ike, whatever do you mean? Maybe poker's just not your game Ike. I know! Let's have a spelling contest!

  6. #6
    Distinguished Member Array 4my sons's Avatar
    Join Date
    Feb 2006
    Location
    Out side of Richmond, VA
    Posts
    1,637
    I'm no lawyer, but it sounds to me like "otherwise" is intending to say that as long as current laws and restrictions don't prohibit you from having a gun off campus, you would be allowed to have one under the specific conditions spelled out in the rest of the line.

    (17) Teachers and other school personnel who are otherwise
    authorized to possess or carry weapons, provided that any such
    weapon is in a locked compartment of a motor vehicle or one which
    is in a locked container in or a locked firearms rack which is on
    a motor vehicle.

    Don't forget,

    . Recall the Pearl, Mississippi school shooting last October. When the firing began, the assistant principal ran to his car, got his gun, and subdued the shooter, ordering him to the ground four-and-a-half minutes before the police arrived.
    you can probably get to your car and back faster than a police officer may be able to respond.
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

  7. #7
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    27,824
    Generally speaking ...

    Without a preemption clause in State law, statements such as "authorized use" can (and generally are) limited by any written policy or code for a business, agency or organization that specifically disallows weapons (firearms). Meaning, if the State allows a school to have such a restriction beyond State laws, and the school does so, then any concealed carry license you may have will not be recognized by the school under the terms of that school's prohibition. While you may well not end up in the slammer, at a minimum you could lose your job and be branded ... well, whatever the anti's would brand you. Worth it? You'd be alive, so, yes. But with those costs.

    I'm no lawyer, and you should certainly check with a competent attorney knowledgeable in these areas. But, that's my read.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  8. #8
    Senior Member Array threefeathers's Avatar
    Join Date
    Dec 2005
    Location
    AZ
    Posts
    1,097
    In AZ I keep an M-4 carbine in my Trailblazer. It is locked so no one but me can access it but it would be a very effective weapon for a school situation.

  9. #9
    Member Array plblark's Avatar
    Join Date
    May 2006
    Location
    Minnesota
    Posts
    284
    The fed law has an exemption allowing authorized persons which is what the Utah CCW people use since their CCW law doesn't limit them from schools and they have preemption IIRC. In MN, we'd need the super's permission in writing.
    For MN specific carry information and a great shooting community, check out forum.twincitiescarry.com

  10. #10
    Member Array katmandoo122's Avatar
    Join Date
    Sep 2006
    Location
    Michigan
    Posts
    326
    Not legal advise, but this part would seem to allow it too:

    (8) A weapon which is in a locked compartment of a motor vehicle
    or one which is in a locked container in or a locked firearms rack
    which is on a motor vehicle which is being used by an adult over
    21 years of age to bring to or pick up a student at a school
    building, school function, or school property or on a bus or other
    transportation furnished by the school, or when such vehicle is
    used to transport someone to an activity being conducted on school
    property which has been authorized by a duly authorized official
    of the school
    ; provided, however, that this exception shall not
    apply to a student attending such school;


    EVery day you go to school as a teacher, you are "someone" using your car to "transport" yourself to "an activity being conducted on school property."
    Human Beings understand Reason, Compassion, and Dignity

    Predators understand Strength

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Northern VA folks chime in?
    By packinnova in forum Off Topic & Humor Discussion
    Replies: 3
    Last Post: March 4th, 2009, 11:30 AM
  2. NAA Gaurdian 380 owners please chime in..
    By hihosilver in forum Defensive Carry Guns
    Replies: 8
    Last Post: November 30th, 2008, 07:20 AM
  3. Can a policeman chime in here?
    By whamonkey in forum Law Enforcement, Military & Homeland Security Discussion
    Replies: 11
    Last Post: June 25th, 2007, 11:17 AM
  4. Kel-Tec PF-9 Owners -- Chime In
    By cvhoss in forum Defensive Carry Guns
    Replies: 11
    Last Post: May 16th, 2007, 01:27 PM