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Thread: Letter to your school board and school

  1. #1
    Regular Member OC for ME's Avatar
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    Letter to your school board and school

    Dear Sirs,

    Below is provided federal law regarding the lawful possession of a firearm on school property to include the interior areas of school facilities.

    18 USC § 922 Unlawful acts (q)
    (2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (2)(B) Subparagraph (A) does not apply to the possession of a firearm—
    (2)(B)(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    The below is state statute (RSMo) regarding the same subject.

    571.030 - Unlawful use of weapons--exceptions--penalties.
    1. A person commits the crime of unlawful use of weapons if he or she knowingly:
    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
    5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.

    571.107. - Endorsement does not authorize concealed firearms, where--penalty for violation.
    1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121.....
    (10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    571.107.2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises.

    Finally, below is the City Code of Wentzville.

    SECTION 210.250: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
    A. A person commits the offense of unlawful use of weapons if he/she knowingly:
    7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
    E. Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

    As can clearly be seen, a lawfully armed and properly "licensed" citizen is not prohibited under the law to possess a firearm on school property. St. Louis County Chief of Police has advocated that school staff and teachers be permitted to conceal and carry a firearm for the protection of the children and themselves. Legislation is being readied for submission to mandate this under state statute.

    If the safety and security of staff, teachers, and children placed in your care are a high priority, as you have publicly stated, I urge you to permit lawfully armed citizens to be permitted to conceal carry in accordance with the law.

    Respectfully

    __________________________
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  2. #2
    Regular Member
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    Quote Originally Posted by OC for ME View Post
    Dear Sirs,

    Below is provided federal law regarding the lawful possession of a firearm on school property to include the interior areas of school facilities.

    18 USC § 922 Unlawful acts (q)
    (2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (2)(B) Subparagraph (A) does not apply to the possession of a firearm—
    (2)(B)(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    The below is state statute (RSMo) regarding the same subject.

    571.030 - Unlawful use of weapons--exceptions--penalties.
    1. A person commits the crime of unlawful use of weapons if he or she knowingly:
    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    4. Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to sections 571.101 to 571.121 or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
    5. Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.

    571.107. - Endorsement does not authorize concealed firearms, where--penalty for violation.
    1. A concealed carry endorsement issued pursuant to sections 571.101 to 571.121.....
    (10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;

    571.107.2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry endorsement issued pursuant to sections 571.101 to 571.121 shall not be a criminal act but may subject the person to denial to the premises or removal from the premises.

    Finally, below is the City Code of Wentzville.

    SECTION 210.250: WEAPONS -- CARRYING CONCEALED -- OTHER UNLAWFUL USE
    A. A person commits the offense of unlawful use of weapons if he/she knowingly:
    7. Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    D. Subparagraphs (1), (6) and (7) of Subsection (A) of this Section shall not apply to any person who has a valid concealed carry endorsement issued pursuant to Sections 571.101 to 571.121, RSMo., or a valid permit or endorsement to carry concealed firearms issued by another State or political subdivision of another State.
    E. Subparagraphs (3), (4), (5), (6) and (7) of Subsection (A) of this Section shall not apply to persons who are engaged in a lawful act of defense pursuant to Section 563.031, RSMo.

    As can clearly be seen, a lawfully armed and properly "licensed" citizen is not prohibited under the law to possess a firearm on school property. St. Louis County Chief of Police has advocated that school staff and teachers be permitted to conceal and carry a firearm for the protection of the children and themselves. Legislation is being readied for submission to mandate this under state statute.

    If the safety and security of staff, teachers, and children placed in your care are a high priority, as you have publicly stated, I urge you to permit lawfully armed citizens to be permitted to conceal carry in accordance with the law.

    Respectfully

    __________________________
    Not sure the legalities of either argument but you should see Redbaron007's post on the other discussion thread. It is post #12(link below)

    http://forum.opencarry.org/forums/sh...-teachers-bill

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