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Thread: A Charter School May Be a "Public School" But That Doesn't Mean You Can Carry There..

  1. #1
    Regular Member The Expert's Avatar
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    A Charter School May Be a "Public School" But That Doesn't Mean You Can Carry There..

    Some would probably consider me to be a bit more conservative in my approach to exercising my rights to keep and bear arms. Today would be a good example. I scheduled an appointment last week to speak w/ my kids (age 6 & 5) school principle to inform her that my wife and I would be exercising our rights to carry a gun for self defense at all times.

    I prepped all the legal resources and put a cover letter on it that outlined everything she needed to know about the fact that the law requires me to carry openly on my CPL if I'm at a school. We sat down, had a nice chat, and she was as nice as can be about it. I think part of it was the fact that I told her about myself, that I was an Anti-Terrorism Security Force Marine (8152), told her about how my wife and I met, and how the current downward trend in our city caused my wife and I to take this issue more seriously.

    We parted ways without a harsh word between us.

    A few hours later I got a call from her superior where he asked that I not carry and gave a bunch of reasons why, mostly relating to the panic of parents, and the financial impact to the school if 10 kids were pulled because of my actions.

    He also told me something that I didn't know which might be of benefit to others here.

    While this Charter School is considered a "public school" the property on which the school sits is privately owned. I guess a group of five rich people took up the bonds to buy the land and building.

    He informed me that all they would need to do would be post "No Guns Allowed" after being given direction from the property owners and that would be the end of the issue...so why put the school through the stress if the end result will be the same?

    Anyone care to chime in on this "privately owned public school" twist on things?
    Last edited by The Expert; 10-22-2010 at 12:10 PM.
    I always open carry one of my Kimber 1911 pistols everywhere I go. Usually in a paddle holster. Nothing fancy, but it works for me.

  2. #2
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    If the land is TRUELY privately owned, then I think that the owners can enforce a weapons free policy. Well I don't like it, it's just like any other establishment that posts a no firearms sign or asks someone to leave because they are carrying. Be vary careful about testing the waters here.

  3. #3
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    private property laws trump the other laws.

  4. #4
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    maybe, maybe not. For example, a polling place that is located on church property is unable to restrict peoples right to enter the property for polling purposes because the property, although not government owned, is required to follow the same rules as any other government owned polling place during the election. The same principal may apply to charter schools. Since they are required to follow all of the same rules as any other public school, they may or may not have the legal authority to evoke their private property rights in this particular matter.

    7. May private schools become charter schools?
    Private schools may become charter schools only if they cease operating as a private entity,
    obtain a charter from a qualified authorizer, and re‐open as a public school that meets all the
    requirements of state law.
    http://forum.opencarry.org/forums/sh...charter+school
    Last edited by lapeer20m; 10-22-2010 at 03:13 PM.
    Quis custodiet ipsos custodes? (who will watch the watchmen?)

    I am not a lawyer. Nothing in any of posts should be construed as legal advice.

  5. #5
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    He gave you your answer.

    Continue to carry until the signs go up, and if he loses the income from 10 families, then so be it.
    He knew the financial risks involved, and would then be negligent in failing to properly educate the families in question. His career is to educate, if this is a problem to him in risking tremendous financial loss to his business, then he could simply request your assistance in educating the owners, and other concerned parties.

    Which is more important, your kids education, or their safety and freedom. Whatever you decide, it will leave an impression on those kids as to what their freedoms are worth, and if and when they should stand up for their history, safety, and rights.

  6. #6
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    This appears to be a gray area. If the signs go up and you continue to carry, the real question is how the courts will interpret this case. (i.e; the police are called and they issue a violation or make an arrest.)

  7. #7
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    I really don't think that you should carry against a sign. At that point, I would pull my kids from the school, and teach them something worth learning.

  8. #8
    Regular Member PDinDetroit's Avatar
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    Quote Originally Posted by stainless1911 View Post
    I really don't think that you should carry against a sign. At that point, I would pull my kids from the school, and teach them something worth learning.
    +1

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