Post By NCTom
June 5th, 2009 04:25 PM
NC Church with a pre-school question answered by my states AG!
On the advice of somebody here, I called my states Attorney General's office today to get some clarification on this question:
If my church has a pre-school that meets during the week, is the church property considered a school and therefor off limits for concealed carry?
His answer came in the form of a bunch of questions - what grades are present, are they accredited, is it under the authority of the state educationally, etc.
So, his answer was: the statute does would not define a church with a pre-school as a school because it does not provide services that fall under the authority of the state board of education.
If a church had a school that housed grades 1-12, it would be under the board of educations oversight and therefor be considered a school where it would be unlawful to carry.
Nice to know.
(I also asked about firehouses - my 9yr old likes to kick it with the firemen sometimes - he said since it is not state property and it is not posted, you are ok to carry.)
June 5th, 2009 09:29 PM
Wow that went well, You spoke with the right person.
June 6th, 2009 01:10 PM
Good deal. Most AG offices won't give a private citizen a legal opinion.
"Each worker carried his sword strapped to his side." Nehemiah 4:18
Guns Save Lives. Paramedics Save Lives. But...
Paramedics With Guns Scare People!
June 6th, 2009 01:34 PM
I am surprised that he answered you, and you should realize that his answer is not law...you could still be hassled...I'm just sayin'...
Stay armed...follow the law closely and stay on the safe side of guessing...stay safe!
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June 6th, 2009 11:12 PM
I'd love to have a copy of that written response. It sure would help things.
June 7th, 2009 12:01 AM
NCTom, Texas Tom here. I used to be in fire service... retired last year. Fire departments, especially in rural areas, advocate the legal carrying of firearms. We go into situations that on the surface appear to be non-violent. They can become violent very quickly.
One call we went on, without giving details that would violate privacy laws, we were in route to a 38 year old female that had fallen and had possibly broken her arm. When we arrived, there were signs of a fight in the house and she had been beaten. The drunken boyfriend entered the house while we were preparing her to be transported by ambulance. He became violent and we held him until the police arrived.
I still visit the firehouse and I have my side arm on every time. They all know I carry and most of them do as well.
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Show them the way to shoot for the moon.
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show them the light as well.
June 7th, 2009 05:58 AM
You might want to dbl check
Originally Posted by NCTom
INAL & I don't know NC Law -- at all.
However, you might want to check the actual law text on Board of Education oversight not just the section on gun law -- if this is an oral response based on your answers to the "bunch of questions about the grades present, are accreditation, being under the authority of the State etc.
Here in Virginia it is K-12 oversight, authority, & licensing -- that is any part of K-12.
So, here there are Churches that have expanded the Pre-school to include Kindergarten and have thereby created a no-carry zone, which extends to the entire property both when the Kindergarten is open and is not open
Also, there are also things like "Title I Preschools", "Head Start", "Even Start", "More at Four Pre-Kindergarten", "three-, four-, and pre-k five-year-old children with disabilities receiving public funded education mandated through the Federal Individuals with Disabilities Education Act, which are administered through the State and which in tum muddy the water on what is a "school."
So far, here in Virginia the specific language of firearms law applying to K-12, seems to be holding up.
OTOH, a quick look at NC's GS_14-269.2 suggest that the following might be a problem, if you run up against an over-zealous prosecutor.
§14‑269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(1b) School. – A public or private
school, community college, college, or university. [emphasize added]
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I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
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