JoeSparky
Centurion
imported post
rpyne wrote:
In my mind the statute quoted is the School's version of a generic Disorderly Conduct statute and as such won't stand if applied to someone doing nothing else but having an openly carried firearm in a holster on his person!
Also as this is written in would apply on any property that the school happened to have a field trip to.... FOR A SCHOOL FUNCTION!
rpyne wrote:
The one potential caveat is found in Utah Code 76-9-106. This is the violation that the UVU Police Chief threatened in his email response.
In light of the other laws on the books and the court decisions over the last ten years, I doubt that a court would find carrying a firearm without other threatening conduct a violation, but it has not been tested.76-9-106. Disrupting the operation of a school.
(1) A person is guilty of disrupting the operation of a school if the person, after being asked to leave by a school official, remains on school property for the purpose of encouraging or creating an unreasonable and substantial disruption or risk of disruption of a class, activity, program, or other function of a public or private school.
(2) For purposes of this section, "school property" includes property being used by a public or private school for a school function.
(3) Disrupting the operation of a school is a class B misdemeanor.
In my mind the statute quoted is the School's version of a generic Disorderly Conduct statute and as such won't stand if applied to someone doing nothing else but having an openly carried firearm in a holster on his person!
Also as this is written in would apply on any property that the school happened to have a field trip to.... FOR A SCHOOL FUNCTION!