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Cc in a school being used as a church on Sunday?

4liberty

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Recently attending a new church that meets in a public school on Sunday mornings. I have not been cc or oc as we meet in a school. However I feel "nude" without my revolver and was wondering if this would be considered a church or school. Any insights would be
appreciated.
 

carracer

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Help them build a church. I also attend one at a school. Also go "Naked". Don't know of a solution other than leave it home. Not even sure locked in the car is a legal option.
 

DBSweetwood

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According to state law, as long as the event is not a school activity you are okay to carry. I am sure that the church is not an actual school activity. So carry, but I would CC so as not to bring unwanted attention.

And if the school says anything, I am sure they wouldn't admit that they sponsor the church, because of the whole separation of church and state. They don't sponsor it, they just allow them to use their facilities.

18-3302D.POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY. (1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
 

DCR

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Be careful - that sentence is written in the disjunctive "or," which separates the phrase

"It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school"

from the rest of the sentence "in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation."

While it's clear it can be interpreted otherwise (obviously - DBSweetwood puts forth a reasonable reading of the statute), and based on the ambiguity the court would give a defendant the benefit of the doubt on interpretation, a prosecutor or police officer may take the opposite point of view - that the disjunctive "or" means "no carrying on school property, period, or on other property where there is a school-sponsored activity," an interpretation which will lead to an arrest and/or criminal charges.

The only reason I mention this is you will find in the minutes of the house and senate committee meetings when this statute was amended that the reason the second half of the sentence (the part about "at the time of the violation, were being used for an activity...") was inserted was to prohibit the carrying of firearms when there is a school-sponsored activity at another location away from school property. Lawmakers were concerned that parents or others would carry when, say, the football team played at BSU or ISU s stadium, or the senior class rented out a ballroom at the Grove Hotel for a dance, or other such events, and they couldn't stop anyone from carrying there.

I don't necessarily agree with their principles or reasons - I'm just letting you know what they were thinking when they amended that statute a few years back - I sat in and listened to them discuss it.

Because of the potential for an interpretation of the statute to mean "no guns on school property, period, or anywhere else there's a school sponsored activity taking place," you'd best to go without to avoid any trouble.
 

DBSweetwood

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I can see how they might have thought that would fix their problem, but if that is what they intended then it is in contradiction with the rest of that law. In the very definition of "school" in this law it states it is elementary and secondary schools. In every definition I can find that is only K-12 schools. With this definition any school function not on the defined school property is legal. And it specifically states that students are not allowed to carry at any school sponsored activity regardless of location, if they could make that stick for family and faculty it would have said it is illegal for any person to carry at any school activity regardless of location.

And also, how are we ever going to get these laws cleared up. If we don't carry where we read the law to say we can. If we try to think of all the ways lawmakers may have thought their legislation would read we probably wouldn't be able to carry anywhere.

Just my thoughts.

(b) The provisions of this section regarding the possession of a firearm or other deadly or dangerous weapon on school property shall also apply to students of schools while attending or participating in any school sponsored activity, program or event regardless of location.
(2) Definitions. As used in this section:
(a) "Deadly or dangerous weapon" means any weapon as defined in 18 U.S.C. section 930;
(b) "Firearm" means any firearm as defined in 18 U.S.C. section 921;
(c) "Minor" means a person under the age of eighteen (18) years;
(d) "Possess" means to bring an object, or to cause it to be brought, onto the property of a public or private elementary or secondary school, or onto a vehicle being used for school provided transportation, or to exercise dominion and control over an object located anywhere on such property or vehicle. For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object onto the site of a school sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;
(e) "School" means a private or public elementary or secondary school.
 

4liberty

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DCR wrote:
you'd best to go without to avoid any trouble.

funny, I carry a gun to protect myself and family from trouble.

Nevertheless, thank you for your insightful reading of the law. I wonder if it is best to cc and if a bad situation occurs @ church "school" and the the bg is dead I can plead my case to a jury after rotting in jail for a year waiting on a speedy trial. /s
 

ecocks

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Each person has their own degree of tolerance for "trouble".

As we see in the Tennessee case (look in the National News Section) even among the OC community, there are differing definitions of reasonable, infringement, responsible, provocative and so on.

Some are going to push the edge of the envelope while others choose to quietly go about protecting theirselves and their families. While education and advocacy are a large part of the community's purpose, it should still give us pause when we see the potential for over-reaction and endangerment. Extremists on either side of the issue need to think long and hard about where their line is before they step over it.
 
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