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Thread: Is it lawful..?

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    Regular Member Scooter's Avatar
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    Is it lawful..?

    Is it lawful to be charged with trespass at a school if the only reason you have been asked to leave is for the legal Open Carry of a firearm (with CPL)? I know you can be charged with WHATEVER they feel like and for whatever reason I suppose, just wondering if it would "hold up" legally? Now that I think about it; do you HAVE to leave a public school while legally Open Carrying when asked to if the reason is the firearm? (I am thinking about the upcoming parent teacher conferences and am figuring out what to do)

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    Quote Originally Posted by Scooter View Post
    Is it lawful to be charged with trespass at a school if the only reason you have been asked to leave is for the legal Open Carry of a firearm (with CPL)? I know you can be charged with WHATEVER they feel like and for whatever reason I suppose, just wondering if it would "hold up" legally? Now that I think about it; do you HAVE to leave a public school while legally Open Carrying when asked to if the reason is the firearm? (I am thinking about the upcoming parent teacher conferences and am figuring out what to do)
    Are you there for good reason?

    If you are not breaking the law, and are there for a valid reason (picking up your kid, dropping off your kid, watching a sport event that your kid is in, or is open to the public, etc.) I cannot see you being CONVICTED of trespassing.

    If you just show up for the sake of showing up, then you're being removed from the premises because you have no valid reason to be there. That charge might stick.

    You can be charged with anything, as you say, but conviction is another matter.

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    Regular Member OC for ME's Avatar
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    Unless you control the property, private or public, you must abide by those who control the property. If you have a issue with them, re OC, don't try to change their views in their venue, have them explain themselves in a venue of your choice.

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    Quote Originally Posted by OC for ME View Post
    Unless you control the property, private or public, you must abide by those who control the property. If you have a issue with them, re OC, don't try to change their views in their venue, have them explain themselves in a venue of your choice.
    Schools are preempted in this state.

    In other words, a rule prohibiting guns that is not in-line with state law is unlawful, and unenforceable.

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    Regular Member Scooter's Avatar
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    Just to be clear, I would be going to the school for events such as parent teacher conferences and voting is usually held at the school also. The big question is : if asked to leave because of OC am I required to do so?

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    Quote Originally Posted by Scooter View Post
    Just to be clear, I would be going to the school for events such as parent teacher conferences and voting is usually held at the school also. The big question is : if asked to leave because of OC am I required to do so?
    If you are asked to leave when you have a lawful reason for being present, I would request the school officials contact law enforcement. If law enforcement asks you to leave, then you either comply to avoid charges, or get charged and fight the charges.

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    Regular Member Scooter's Avatar
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    Quote Originally Posted by zigziggityzoo View Post
    If you are asked to leave when you have a lawful reason for being present, I would request the school officials contact law enforcement. If law enforcement asks you to leave, then you either comply to avoid charges, or get charged and fight the charges.
    Thanks zig, I complied in the past for various reasons. This has been food for thought should this issue arise in the future.

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    Regular Member OC for ME's Avatar
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    Quote Originally Posted by zigziggityzoo View Post
    Schools are preempted in this state.

    In other words, a rule prohibiting guns that is not in-line with state law is unlawful, and unenforceable.
    I do not dispute this, but that will not prevent a unpleasant experience brought about by ignorance or indifference of the law. It is sometimes easier to choose the field of battle, so to speak, to effect positive change.

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    Quote Originally Posted by OC for ME View Post
    I do not dispute this, but that will not prevent a unpleasant experience brought about by ignorance or indifference of the law. It is sometimes easier to choose the field of battle, so to speak, to effect positive change.
    State law has made it so that only open carry is legal on school grounds.

    My life is important everywhere it is, regardless of whatever location I happen to be. So if my life is still valuable in a school, my choice is to either not go there (not an option if I'm picking up my kids), or open carry.

    So it goes.

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    Sounds like another case of discrimination .... if it occurred.
    Last edited by davidmcbeth; 09-09-2013 at 08:14 PM.

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