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Thread: Unique question regarding carry on school property

  1. #1
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    There is a school campus in a nearby town that has recently been taken over by the city for various purposes such as public pool, YMCA programs, police department, public meeting rooms, etc. The facility is still owned by the school district, but no longer houses any school district classrooms or administration. The city now leases the property. A couple of the rooms are still used by the school district for storage.

    The question is......would carry of a firearm at this facility be legal (except for the secure portion of the police department)?

    Thanks,

    Highway 101


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    Campaign Veteran ak56's Avatar
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    IANAL, but it sounds to me that it no longer meets the definition of school under either the federal or state laws.


    18 USC § 921 Definitions
    [/font][/font]


    (a) As used in this chapter—


    (25) The term “
    [/font][/font]
    school zone[/font][/font]” means—


    (A) in, or on the grounds of, a public, parochial or private school; or


    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.


    (26) The term “
    [/font][/font]
    school[/font][/font]” means a school which provides elementary or secondary education, as determined under State law.[/font][/font]


    RCW 9.41.280


    (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:

    [/font][/font]
    No right is held more sacred, or is more carefully guarded, by the common law than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law. Union Pacific Rail Co. vs Botsford as quoted in Terry v Ohio.


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  3. #3
    Regular Member amlevin's Avatar
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    Washington Law states:

    (1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
    It wouldn't matter WHO owns the property, it it is not USED as a school it is just another piece of property subject to State Preemption.
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

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  4. #4
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    Highway 101 wrote:
    There is a school campus in a nearby town that has recently been taken over by the city for various purposes such as public pool, YMCA programs, police department, public meeting rooms, etc. The facility is still owned by the school district, but no longer houses any school district classrooms or administration. The city now leases the property. A couple of the rooms are still used by the school district for storage.

    The question is......would carry of a firearm at this facility be legal (except for the secure portion of the police department)?

    Thanks,

    Highway 101
    http://www.atg.wa.gov/opinion.aspx?s...ic&id=9238

    The AGO from 1994, linked above, may shed some light on the question. Therein, they interpret "exclusively" to mean that the school may exclude a person from use of the property. If they have leased the property for public use, they have essentially transferred thir property use rights to another.

    So, as far as state law is concerned, I think you're OK. If the school still uses part of the building for storage, areas within 1000 feet would probably still fall under the Gun Free School Zones Act (but that seems to be a moot point, since I was recently told it is nearly impossible to prosecute under that federal statute).

    Charles Paul Lincoln

  5. #5
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    Thanks for all the info gentleman.

    Highway 101


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