imported post
MarcoWasRight wrote:
Here is my understanding of things.
1. The Federal Gun Free School Zone Acts of 1990 were deemed unconstitutional by SCOTUS.
2. Arizona prohibits lawful possessors from carrying in very few places. Polling places on election day, businesses serving liquor for consumption on premises, ect.
Is there a state or federal law that prohibits carrying within 1,000ft of a K-12 school?
Is there a state or federal law that prohibits carrying on the campus of a PUBLIC institution of higher learning (community college or public university)?
I have read that some states allow "schools" to choose their own weapons policy. Doesn't school always define K-12.
There is state law that bans carrying on a k-12 school, public or private.
But, colleges I think are a different bird.Im just an Average law-abiding citizen, not a lawyer: so take my opinion for what it is worth. The way i see it is this:
ARS 13-3102-A. A person commits misconduct involving weapons by knowingly: (12. Possessing a deadly weapon on school grounds
Ok, there is state law saying you cant posses a firearm on "school grounds". Here is what ARS defines a "school" to be:
ARS 13-3102-K-3. "School" means a public or nonpublic kindergarten program, common school or high school.
ARS 13-3102-K-4. "School grounds" means in, or on the grounds of, a school.
...SO as I see it, If you carry a firearm on a college campus- you have not commited a misconduct with a weapon.
ASU for example, posts a "No Weapons" sign that quotes both ARS 13-3102 (which we just de-bunked) as well as ARS 13-2911.
ARS 13-2911 Reads A. A person commits interference with or disruption of an educational institution by doing any of the following:
1. Intentionally, knowingly or recklessly interfering with or disrupting the normal operations of an educational institution by either:
(a) Threatening to cause physical injury to any employee or student of an educational institution or any person on the property of an educational institution.
(b) Threatening to cause damage to any educational institution, the property of any educational institution or the property of any employee or student of an educational institution.
2. Intentionally or knowingly entering or remaining on the property of any educational institution for the purpose of interfering with the lawful use of the property or in any manner as to deny or interfere with the lawful use of the property by others.
SO... This section DOES apply to Colleges and Universities, but does not specifically relate to weapons or firearms. As I see it, I think they could use it against you if you got caught with a weapon or firearm, but it would be one of those issues where having a good lawyer makes all of the difference.
The College or University CAN take actions against you, but they would either be civil or academic (ie being expelled, fined, sued, etc.), not criminal.
If you did carry on a campus, i'd make sure to do so by legally concealing it, not OC.
Like I said at the beginning though, Im just a guy- and this is NOT legal advice.