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Thread: College carry

  1. #1
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    I'm confused about the following. My previous readings of the code seemed to clearly say that possession of a weapon not cased and unloaded on the grounds of any school whatsoever is illegal in Iowa (except in case of written permission, LEOs, security, etc).


    This web site states the following here: http://www.opencarry.org/ia.html :

    College Carry Carry Not Statutorily Prohibited

    NOTE: Even if Legal, Students May be Subject to Academic Sanctions
    ----------------------

    The law is as follows:

    724.4B CARRYING WEAPONS ON SCHOOL GROUNDS -- PENALTY
    -- EXCEPTIONS.
    1. A person who goes armed with, carries, or transports a firearm
    of any kind, whether concealed or not, on the grounds of a school
    commits a class "D" felony. For the purposes of this section,
    "school" means a public or nonpublic school as defined in section
    280.2
    .
    2. Subsection 1 does not apply to the following:
    a. A person listed under section 724.4, subsection 4,
    paragraphs "b" through "f" or "j". [this exempts LEOs, unloaded cased arms, etc]
    b. A person who has been specifically authorized by the
    school to go armed, carry, or transport a firearm on the school
    grounds, including for purposes of conducting an instructional
    program regarding firearms.

    Section 280.2
    Definitions
    . The term "public school" means any school directly supported in whole or in part by taxation. The term "nonpublic school" means any other school which is accredited pursuant to section 256.11. [C24, 27, 31, 35, 39, §4251; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §280.2] 91 Acts, ch 200, §1; 2008 Acts, ch Section amended

    Code section 256.11 is at this link, can't get it to paste easily:
    Code:
    http://search.legis.state.ia.us/nxt/gateway.dll/ic/2009code/1/9461/9462/9463/9476?f=templates$fn=document-frameset.htm$q=[field%20folio-destination-name:%27sec_256_11%27]$x=Advanced#0-0-0-30187
    ====================

    So basically what I'm trying to understand is if a college is somehow not considered a school here, or if the site has incorrect or indeterminate information? If it is so, I would like to ask the DPS to verify it, though it seems unlikely. Anyone gone over this in detail before?


  2. #2
    Regular Member JD's Avatar
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    Looks like it's pretty cut and dry to me. If the college meets the criteria of 256.11 it would appear to be a no-go.

  3. #3
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    256.11 only applies to schools with K-12 so it does not cover colleges. Now there may be some other guidelines but I would say that the term school does no mean colleges. Normally in law the terms refer only to K-12 but no always.
    From 256.11
    The state board shall adopt rules under chapter $xhitlist2_md=target-id=0-0-0-4051]17A and a procedure for accrediting allpublic and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve.

  4. #4
    Regular Member JD's Avatar
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    PT111 wrote:
    256.11 only applies to schools with K-12 so it does not cover colleges. Now there may be some other guidelines but I would say that the term school does no mean colleges. Normally in law the terms refer only to K-12 but no always.
    From 256.11
    The state board shall adopt rules under chapter $xhitlist2_md=target-id=0-0-0-4051]17A and a procedure for accrediting allpublic and nonpublic schools in Iowa offering instruction at any or all levels from the prekindergarten level through grade twelve.
    Keep reading, when you get to the bottom it states:


    13. Notwithstanding subsections 1 through 12 and as an exception to their requirements, a private high school or private combined junior-senior high school operated for the express purpose of teaching a program designed to qualify its graduates for matriculation at accredited four-year or equivalent liberal arts, scientific, or technological colleges or universities shall be placed on a special accredited list of college preparatory schools, which list shall signify accreditation of the school for that express purpose only, if: a. The school complies with minimum standards established by the Code other than this section, and rules adopted under the Code, applicable to: (1) Courses comprising the limited program. (2) Health requirements for personnel. (3) Plant facilities. (4) Other environmental factors affecting the programs. b. At least eighty percent of those graduating from the school within the four most recent calendar years, other than those graduating who are aliens, graduates entering military or alternative civilian service, or graduates deceased or incapacitated before college acceptance, have been accepted by accredited four-year or equivalent liberal arts, scientific, or technological colleges or universities. c. A school claiming to be a private college preparatory school which fails to comply with the requirement of paragraph "b" of this subsection shall be placed on the special accredited list of college preparatory schools probationally if the school complies with the requirements of paragraph "a" of this subsection, but a probational accreditation shall not continue for more than four successive years.
    So colleges can be accredited and fall under 280.2


  5. #5
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    JD wrote:
    So colleges can be accredited and fall under 280.2
    No, read what you quote closely - it merely states that some high schools can be called college preparatory schools - this does not make them colleges.

  6. #6
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    Has anyone ever asked for a state or county AG opinion on this?

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