This is a discussion on Florida Teacher Fired Over Gun in Truck... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by MattLarson Due to a poorly written statute, if the school district had a written policy forbidding the teacher from having the firearm ...
As a former teacher, I don't know we continue to attract new teachers to the profession. Teachers now have to put up with being insulted, threatened, even assaulted by students. At least in the secondary schools, it isn't a great job any more. On top of all this, they have to work in a victim zone, too.
IANAL, but my read of the Gun Free Schools Act is that a holder of a CPL is not is violation of Federal law by possessing a gun on a K-12 campus if the licensing state conducts a background check as part of the licensing requirements. The GFSA states this allowance for possession of a gun in typical vague language, but it is there. That is how Washington state and other states have provisions that allow CPL holders to secure a gun in their vehicle at school.
This teacher violated one of the basic rules of concealed carry if he made threats that indicated he might have a weapon -- if he made threats while at all while armed. Had he not made such a statement, I doubt the police could have established probable cause for a search.
Like some other states, Washington state preempts municipalities, cities, and counties from enacting firearm laws that are more restrictive than state laws. But, school districts, colleges, and state agencies can still enact rules and policies that prohibit employees and students from CCW. Perhaps what is needed is a change in the laws of states that prohibits any government sub-division from enacting policies more restrictive than state law. Government agencies (including school districts) should be protecting all of our rights, including 2A, not infringing them.
Sorry for the rant . . .
IIRC....the FEDERAL gun-free zone law was struck down by SCOTUS. That's why we have a state statute in Arkansas to deal with firearms on school property.
Don't pick your kid up w/o ditching your legally concealed wep somewhere...not even in the parking lot. I've heard that the Leg has or will deal with this soon....
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I don't know what to say about this subject anymore. School boards and administrators have their heads in the sand concerning the use of firearms. Having one secured in your locked vehicle is decidely different from bringing it into the school. Being licensed to carry it is decidedly different than bringing it into the school with intent to do harm. Legally licensed adults should not have to wade through a quagmire of rules and regulations to exercise our 2nd amendment rights. In fact one might argue that just having to be legally licensed infringes on one's 2nd amendment rights. The only argument I can tolerate for licensing CCW is that it shows you are trained to use it and are a law-abiding citizen. Making it illegal to possess a firearm on campus only scares those who want to remain law-abiding citizens. Anyone intent on doing harm isn't hampered by the law until after he commits an atrocity. Then we pass more laws trying to keep people from possessing weapons. It just doesn't work. To prevent violence and keep the peace, we need more trained CCW'ers and perhaps clearly defined and unrestricted open-carry. I have no problem with requiring qualification similar to LE requirements and required training in the use of self-defense weapons. That is all the "licensing" that ought to be necessary to carry a weapon concealed or openly. If open-carry makes the sheeple nervous, then maybe they should stay in their "secure" domiciles and never venture out into the "wild west".
Sorry for the rant but I just get so tired of idiocy and moronic laws that don't do anything to address the real issues: Lack of parental oversight of kids, and poor enforcement of existing gun-use-in-crimes laws. Anyway, that's my two cents worth. Probably worth nothing in this inflation/recession? we are in.
Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes ... they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Thomas Jefferson
What kind of funky example does it set when a person is abiding by rules and he gets fired anyway? ever think of this? naw, its only whats in front of your nose and what motivates you that seems to matter. Kids arent as dumb as you might think."How could we OK your employment?" board member Margaret Lofton asked Bradley. "We expect our students to abide by the rules."
Board members Hazel Sellers and Kay Fields also said that it would set a bad example for students if they agreed to a 90-day suspension.
It is repeatedly quoted that no person has ever been prosecuted under the GFSA. Another worthless piece of gun control legislation that further infringes our right to carry. I can carry at the state capitol, but not in the school parking lot? Stupid!
C Paul Lincoln
Parking on the street solves this problem if Florida law prohibits parking on property.
Les Baer 45
N.R.A. Patron Life Member
After he was found "Legal" and charges were dropped, they had no business firing him. Being 51 years old, will never get another job teaching again, he should sue the school board. I don't promote sueing because there are way too many frivlious cases but I think he would be justified in his case.
At least in WA we can be armed when we pick up and drop off our kids... it's a small comfort lacking in most states.
"Wise people learn when they can; fools learn when they must." - The Duke of Wellington
I park my vehicle 1003 feet away from school and walk to school where I work. This is not ideal but logical. I park it right in front of the police station and lock my gun in a lockbox. Schools are notorious for being liberal and not friendly to guns. Steve48
As a public school teacher, all I can say is homeschool your kids. Public schools are not only bad at educating our kids how to be good citizens, they're also bad at educating them on anything. I mean, come on, the 3 R's? Only one actually begins with an R!
My wife is an Assistant Principal here in that local area and briefly told me about it last night. From what she told me the teacher had a part time job to help pay the bills. Letís face it; teachers donít make the money that they should.
This teacher worked as a security guard somewhere in the local area and mentions it to another teacher. He also mentions that he had his gun in his car. AND THE REST IS HISTORY!
Point to be made here is to just keep your mouth SHUT! This other teacher obliviously felt it was their duty to TELL! Maybe this 2nd teacher didnít like the guy, who knows.