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School admin and the holster

M

Michael Hopkins

Regular Member
Joined
Jan 18, 2011
Messages
29
Location
Salt Lake City, UT
Hello all;
I'm OC on my way to school. I stow my XD in the car so as not to violate the campus policy (it's a privately run school). I'm about to take off my SERPA as well when I realize I'm really late. So, I leave the holster on and head in to class.
About half way through class, we have a break, so I remove the holster and stow it in my bag. Then, a thought! Maybe I can just wear the holster and not have any problems. Better approach the admins and make sure, though.
Class gets out, and I find the campus head. I tell him that out of respect for campus policy, my firearm is stowed in my vehicle, but to avoid the pain of having to take off my holster and put it back on every time I come to/from school, I'd like to just wear it.
I tell you all, if looks could kill, I wouldn't be writing this now. You'd think I had just waved my 45's muzzle under his nose. He proceeds to reiterate to me that there are no weapons allowed in the building (yes, I know, I just told him as much), but he would have no problems with JUST the holster. I thank him and he stalks away, glaring at me one more time.
Holy cow! If I was looking to cause trouble, do you think I would have even asked? At least I know I can wear the SERPA without too much trouble, but as I'm likely on his "watch list" now, I think I'll just take the time to take it off, or :shudder: not even carry if I'm heading to school.
I was hoping for a little better reaction when I approached the issue in an open and friendly manner, but I guess I really am just a bad guy that doesn't know it yet.

Oh the joy...:eek:
Oh well;
Mike
 
U

utbagpiper

Banned
Joined
Jul 5, 2006
Messages
4,061
Location
Utah
Michael Hopkins said:
Hello all;
I'm OC on my way to school. I stow my XD in the car so as not to violate the campus policy (it's a privately run school). I'm about to take off my SERPA as well when I realize I'm really late. So, I leave the holster on and head in to class....
Click to expand...

Bear in mind, a private campus can also ban guns from their parking lots if they want to. Not a crime on your part to ignore that policy, if it exists. But also not a crime for the school to expel you if you choose to violate any such policy. Parking lot preemption only covers employer/employee relations, not school/student relations. So if you work for the school you are fine. But if you are merely enrolled, they could institute and enforce such a policy.

If you are going to store a firearm in your car, and especially now that you've told an obviously anti-gun person about doing so (who will undoubtedly feel compelled to tell others), you really should make sure you have an in-care lock box. A google search for "car gun safe" will turn up several including:

http://masterofconcealment.com/pgroup_descrip/101_Security+Cases/6974_The+Perfect+In-Car+Gun+Safe/

and

http://www.center-of-mass.com/

Most of these are not going to withstand a pro for more than a few minutes. Nothing will prevent someone from smashing a window just to see if you've got the gun easily accessible in the glove box or under a seat. But these will keep someone from just grabbing the gun and running if they do smash your window.

Good luck.

Charles
 
R

rpyne

Regular Member
Joined
Oct 23, 2007
Messages
1,072
Location
Provo, Utah, USA
utbagpiper said:
Parking lot preemption only covers employer/employee relations, not school/student relations. So if you work for the school you are fine. But if you are merely enrolled, they could institute and enforce such a policy.
Click to expand...

Close, but not quite:

34-45-103. Protection of certain activities -- Firearms -- Free exercise of religion.
(1) Except as provided in Subsection (2), a person may not establish, maintain, or enforce any policy or rule that has the effect of:
(a) prohibiting any individual from transporting or storing a firearm in a motor vehicle on any property designated for motor vehicle parking, if:
(i) the individual is legally permitted to transport, possess, purchase, receive, transfer, or store the firearm;
(ii) the firearm is locked securely in the motor vehicle or in a locked container attached to the motor vehicle while the motor vehicle is not occupied; and
(iii) the firearm is not in plain view from the outside of the motor vehicle; or
(b) prohibiting any individual from possessing any item in or on a motor vehicle on any property designated for motor vehicle parking, if the effect of the policy or rule constitutes a substantial burden on that individual's free exercise of religion.
(2) A person may establish, maintain, or enforce a policy or rule that has the effect of placing limitations on or prohibiting an individual from transporting or storing a firearm in a motor vehicle on property the person has designated for motor vehicle parking if:
(a) the person provides, or there is otherwise available, one of the following, in a location reasonably proximate to the property the person has designated for motor vehicle parking:
(i) alternative parking for individuals who desire to transport, possess, receive, transfer, or store a firearm in the individual's motor vehicle at no additional cost to the individual; or
(ii) a secured and monitored storage location where the individual may securely store a firearm before proceeding with the vehicle into the secured parking area; or
(b) the person complies with Subsection 34-45-107(5).
Click to expand...


34-45-107. Exemptions -- Limitations on chapter -- School premises -- Government entities -- Religious organizations -- Single family detached residential units.
(1) (a) School premises, as defined in Subsection 76-3-203.2(1), are exempt from the provisions of this chapter.
(b) Possession of a firearm on or about school premises is subject to the provisions of Section 76-10-505.5.
(2) Government entities, including a local authority or state entity, are subject to the requirements of Title 53, Chapter 5a, Firearm Laws, but are otherwise exempt from the provisions of this chapter.
(3) Religious organizations, including religious organizations acting as an employer, are exempt from, and are not subject to the provisions of this chapter.
(4) Owner-occupied single family detached residential units and tenant-occupied single family detached residential units are exempt from the provisions of this chapter.
(5) A person who is subject to federal law that specifically forbids the presence of a firearm from property designated for motor vehicle parking, or a person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section, is exempt from Section 34-45-103 if:
(a) providing alternative parking or a storage location under Subsection 34-45-103(2)(a) would pose an undue burden on the person; and
(b) the person files a statement with the attorney general citing the federal law that forbids the presence of a firearm and detailing the reasons why providing alternative parking or a storage location poses an undue burden.
(6) A person who is subject to Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section is exempt from this chapter if:
(a) the person has attempted to provide alternative parking or a storage location in accordance with Subsection 34-45-103(2)(a);
(b) the secretary of the federal Department of Homeland Security notifies the person that the provision of alternative parking or a storage location causes the person to be out of compliance with Section 550 of the United States Department of Homeland Security Appropriations Act of 2007, Pub. L. No. 109-295 or regulations enacted in accordance with that section and the person may be subject to punitive measures; and
(c) the person files a detailed statement with the attorney general notifying the attorney general of the facts under Subsections (6)(a) and (b).
Click to expand...

In the case of a school, the law makes no differentiation between a student or employee relationship.
 
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