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Thread: Brinks carrying on School Property?

  1. #1
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    Brinks carrying on School Property?

    So, I was picking up my kid today for a dentist appointment, and while I was sitting in the school office waiting (flashbacks!), Brinks showed up to collect bux from the lunchroom and such, and he was carrying his firearm. This puzzled me, because as far as I know, ONLY LEOs can carry on School property, right?

    I should state that I think the carrying on school property ban is pointless (for all the usual reasons, criminals don't obey laws, etc), my only real interest in this is more one of curiosity, and interest in equal "protection" (violation of my rights) under the law.

    So, I know there are plenty of folks here that are much better versed in the federal and state laws that apply to this situation. I asked the school personnel about it, knowing full well they would have no idea. I was right. ANy thoughts from the folks?

  2. #2
    Regular Member Remmy's Avatar
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    I believe, not certain so anyone else knows for sure, that its only illegal if you do not have written permission from the school itself. So if that is the case the school would have given them permission to carry.

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    2A
    Last edited by OC-moto450r; 08-02-2012 at 08:11 PM.

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    I am going to guess that this is a case where the law IS being broken; but because it is so common to see armed guards with those armored vehicles , it isn't seen as a violation.

    The school very likely simply sees "there is the Brinks guy," and assumes they are okay, and don't visualize it as someone breaking the law. I bet a similarly armed citizen picking up their child, walking on property at the same time, would get called in...... And, LE would investigate and arrest the citizen, and simply note that the Brinks guy was there, and ignore him.






    NOTE: It isn't 'common' to see armored vehicles, but it is 'common' that an armored vehicle will have an armed guard.
    Last edited by wrightme; 01-13-2012 at 04:51 PM.
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    Regular Member Motofixxer's Avatar
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    Hmm, could be interesting if someone called in a MWAG at the school. Bet the guard would need to go home and change his uniform.
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    I'm thinking that OC-moto450r is right with "Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school"

  7. #7
    Regular Member Nevada carrier's Avatar
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    Don't know about k-12, but as far as the NSHE goes, their policy also states carrying a firearm in connection to a valid system function is permitted.
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  8. #8
    State Researcher lockman's Avatar
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    Ask the principal if he will grant you permission to carry (don't let on about the guard), When denied ask if he has granted such permission to others, if the answer is no, the next time you see the guard call 911 MWAG, you have a reasonable belief that he is committing a felony.

    Stir the pot a little!

  9. #9
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    So I think we'd all agree it's legal under NRS if Brinks has written permission from the principal...


    I'm not as versed in the Federal laws, but doesn't a Federal law prohibit carry of any kind in a K-12 school?

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    An individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual may carry and/or discharge a firearm in accordance with Subparagraph B, item v, and Section 3, Subparagraph B, item iii.

    The Gun Free School Zones Act states:[6]

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    (iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    (iv) by an individual for use in a program approved by a school in the school zone;

    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    (vi) by a law enforcement officer acting in his or her official capacity; or

    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    (3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—

    (i) on private property not part of school grounds;

    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

    (iv) by a law enforcement officer acting in his or her official capacity.

    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
    Last edited by FallonJeeper; 01-16-2012 at 03:18 PM.

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