HYRYSC
Regular Member
What is the deal with CCW in a school for residents?
Legal if concealed. Must leave if asked. If spotted, it will likely cause a lockdown. Basically, be ready for hassles.
Which would be covered by "hassles" ;-)
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If you carry a firearm into a school, likely onto school grounds as well and the firearm is discovered, expect to meet the requirements of 571.030.8.571.030.1(10) - Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or
571.030.3 - ...Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event or club event.
571.030.4. - Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state.
571.030.5. - Subdivisions (3), (4), (5), (6), (7), (8), (9), and (10) of subsection 1 of this section shall not apply to persons who are engaged in a lawful act of defense pursuant to section 563.031.
571.107.1 - ...No concealed carry permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:
(10) - Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
571.030.8 - ...or subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded...
If you carry a firearm into a school, likely onto school grounds as well and the firearm is discovered, expect to meet the requirements of 571.030.8.
No.I believe you mean subsection 10 rather than 8. Ten being the one that mentions schools:
571.030.1: "(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board; or..."
And 571.030.4: "Subdivisions (1), (8), and (10) of subsection 1 of this section shall not apply to any person who has a valid concealed carry permit issued pursuant to sections 571.101 to 571.121, a valid concealed carry endorsement issued before August 28, 2013, or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state."
The question is "can I...", the answer is no, except in your vehicle, OC or CC, makes no difference. Outside the vehicle 571.030.8 is the penalty.571.030.8 - ...or subdivision (5) or (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded...
No.
571.030.8 outlines the penalty for the offense. Class A Misdemeanor if unloaded, Class D Felony if loaded. A endorsement does not grant us the right to carry onto school property except in our vehicle. 571.030.3 thru 5 provide exemptions to the carry, not just concealment. 571.107 informs us of where our endorsement does not grant us permission to carry. We may carry, OC or CC (as I read it) with the permission (written if we are smart) on "that" school property.
The question is "can I...", the answer is no, except in your vehicle, OC or CC, makes no difference. Outside the vehicle 571.030.8 is the penalty.
571.107.1 - ...No concealed carry permit issued pursuant to sections 571.101 to 571.121, valid concealed carry endorsement issued prior to August 28, 2013, or a concealed carry endorsement or permit issued by another state or political subdivision of another state shall authorize any person to carry concealed firearms into:
(10) - Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless the person with the concealed carry endorsement or permit is a teacher or administrator of an elementary or secondary school who has been designated by his or her school district as a school protection officer and is carrying a firearm in a school within that district, in which case no consent is required. Possession of a firearm in a vehicle on the premises of any higher education institution or elementary or secondary school facility shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;
As can be seen above, having a endorsement prevents (should) us from getting cuffed and stuffed cuz we are CC, or OC for that matter since 571.030.1(10) does not speak to CC or OC, just the carry of (possession). We can be asked to leave and if we refuse, if we exert our RKBA and remain, then the cuffing and stuffing part starts because we are now trespassing. We should be immune from any charges related to 571.030.1(10), the misdemeanor or felony due to our endorsement.571.107.1(10) Any higher education institution or elementary or secondary school facility without the consent of the governing body of the higher education institution or a school official or the district school board, unless...
571.107.2. Carrying of a concealed firearm in a location specified in subdivisions (1) to (17) of subsection 1 of this section by any individual who holds a concealed carry permit issued pursuant to sections 571.101 to 571.121, or a concealed carry endorsement issued prior to August 28, 2013, shall not be a criminal act but may subject the person to denial to the premises or removal from the premises. If such person refuses to leave the premises...
It will be a felony charge cuz who goes about armed without and ammo.
Nobody that I'm aware of, but I'm still not seeing how it would be a felony charge when the law specifically states that it "shall not be a crime".
With a CC permit the law says you can OC in schools. But not CC
http://forum.opencarry.org/forums/s...E-with-a-CCW-School-church-police-station-etc
Please remove this post, you are not in the Michigan forum and your advice will get someone arrested in Missouri.
With a CC permit the law says you can OC in schools. But not CC.
http://forum.opencarry.org/forums/s...E-with-a-CCW-School-church-police-station-etc