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Thread: Any home-schoolers out there?

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    Michigan Moderator DrTodd's Avatar
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    If you do not have a cpl, you may be violating federal law if you own a firearm and "home-school" your children.

    The law bans guns within 1,000 feet from the "grounds" of a "public, parochial or private school..." "School" means "a school which provides elementary or secondary education, as defined under State law."

    Most -- if not all -- states do recognize that home schools provide "elementary or secondary education" for the purpose of exempting those students from the mandatory attendance requirements of state law.

    The act does NOT specifically look to state law with respect to the question of whether a "home school" is a "private school." But there is a substantial danger that courts will make that finding. Webster's Dictionary defines "private" to mean: "2. not open to, intended for, or controlled by the public [a private school]." Obviously, a home school is not open to, intended for, or controlled by the public. Every educated advocate interested in preserving home schools who has reviewed this problem has reached the same conclusion: there is too much of a danger that this act will be interpreted to prohibit the possession of firearms by parents who home school their kids.

    In fact, Republicans on the House Judiciary Committee have privately conceded the dangers for home schools, quietly assuring other House Republicans that they would be willing to entertain a "clarification" protecting home schools. Unfortunately, these "assurances" are too-little, too-late.

    Those of you who think that because your home school is "private property" and you would be somehow exempt, take a look at which private property is given an exception under the law.

    http://www.cs.cmu.edu/afs/cs/user/wb...hool_zones.txt
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    So that begs the question, if your neighbor (or just any house you are walking by) has a child that is being home schooled and you are within 1000 feet with a handgun, andwithout a CPL are you breaking the law?

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    I have to believe that this case is similar to the state law that allows it to be up to the discretion of the owner or admin. of a school(private). Besides if that is the way they want to play then I'm tax exempt, due to the fact schools don't pay taxes. I will file with the michigan tribunal for all the back taxes for all the years we home schooled.

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    Regular Member Scooter's Avatar
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    conservative85 wrote:
    I have to believe that this case is similar to the state law that allows it to be up to the discretion of the owner or admin. of a school(private). Besides if that is the way they want to play then I'm tax exempt, due to the fact schools don't pay taxes. I will file with the michigan tribunal for all the back taxes for all the years we home schooled.
    HA! :celebrateI am with you on that!

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    I'm glad this was posted. My wife and I have just begun seriously considering the homeschool option and this isn't a concern we had yet realized (Luckily, my CPL arrived this week). If finances pan out, we may be able to start next year for our two boys.


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    Just get the cpl and open carry while teaching your kids.springerdave.

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    Regular Member Scooter's Avatar
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    I'm glad this was posted. My wife and I have just begun seriously considering the homeschool option and this isn't a concern we had yet realized (Luckily, my CPL arrived this week). If finances pan out, we may be able to start next year for our two boys.

    We home school our kids, it is a great option if you are up to the task!

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    Regular Member autosurgeon's Avatar
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    I was homeschooled from 4th grade on.... It was way less restrictive and I got to learn in the way that worked for me!
    Anything I post may be my opinion and not the law... you are responsible to do your own verification.

    Blackstone (1753-1765) maintains that "the law holds that it is better that ten guilty persons escape than that one innocent suffer."

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    T Vance wrote:
    So that begs the question, if your neighbor (or just any house you are walking by) has a child that is being home schooled and you are within 1000 feet with a handgun, andwithout a CPL are you breaking the law?
    Not necessarily. 18 U.S.C. § 922(q)(2)(A)provides:
    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.
    Even if residences that contain home schools are covered under the law (a question which turns on state law and which I would not want to concede to the government), I think it would be very difficult in most cases to prove that a person knew or had reasonable cause to believe any particular residence is a home school (and thus triggers a "school zone" designation).
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    Michigan Moderator DrTodd's Avatar
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    But if your home-school neighbor has informed you, and really doesn't like you....

    I just posted this as more of an "informational" post. This just underscores that we need to get this law repealed!
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    Dr Todd said:
    "School" means "a school which provides elementary or secondary education, as defined under State law."

    huh... A 'what' which provides elementary....???

    You can't define a word by using the word in the definition.

    It doesn't even make sense.

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    Michigan Moderator DrTodd's Avatar
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    atlantis wrote:
    Dr Todd said:
    "School" means "a school which provides elementary or secondary education, as defined under State law."

    huh... A 'what' which provides elementary....???

    You can't define a word by using the word in the definition.

    It doesn't even make sense.
    If by "you" you mean "me", you are preaching to the choir atlantis... I am well aware of the rules of logical discourse. I was not posting "my" definition. I posted the definition contained in the US Code... see here. (Scroll down to definition of "school")

    http://www.law.cornell.edu/uscode/18...1----000-.html
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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    i was home schooled from k-12... never set foot in a school other than3-4 proms and homecomings a year

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    DrTodd wrote:
    atlantis wrote:
    Dr Todd said:
    "School" means "a school which provides elementary or secondary education, as defined under State law."

    huh... A 'what' which provides elementary....???

    You can't define a word by using the word in the definition.

    It doesn't even make sense.
    If by "you" you mean "me", you are preaching to the choir atlantis... I am well aware of the rules of logical discourse.* I was not posting "my" definition.* I posted the definition contained in the US Code... see here. (Scroll down to definition of "school")

    http://www.law.cornell.edu/uscode/18...1----000-.html
    Sorry Dr Todd, I didn't mean to imply that you personally didn't know that.

    I am pretty amazed they would word it that way. I think what they meant by that poorly worded definition is that one must go to 'other' state law to find the definition of a school. In other words there are other types of schools but for the purpose of this law they are only considering the schools that provides elementary or secondary education.

    Doesn't really clear things up for us much does it.

  15. #15
    Michigan Moderator DrTodd's Avatar
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    Just shows how well thought-out these knee-jerk reactions are.

    I wish that we did have people in the state and federal legislatures who would at least read and attempt to understand what they are attempting to accomplish. What irks me even more is that some probably DID see the potential problems with what they were doing but still felt compelled to vote for this nonsense.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer I am not a lawyer! Please do not consider anything you read from me to be legal advice.

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