[Malum Prohibitum]

Please keep us updated.

 

[Malum Prohibitum]

About ten minutes later I get another call. He still tells me I'm wrong. That under c(7) I can pick up & drop off but can't go in the building.

I asked him how he gets that when that section specifically states "school safety zone" which is defined in (3) as being real property or BUILDING.

At this point we pause in the conversation for a short silent interlude while he ponders the question.

Yes, good grasp, indeed.

 

[Malum Prohibitum]

The district attorney's office, or any other government agency, can ask the Attorney General of the state of Georgia to issue an opinion. The AG's office won't do this for private citizens, but they will do it for a government agent.

What you learned from the assistant DA is just his or her personal opinion. It doesn't mean the elected DA (the boss of the entire office) agrees with it or is willing to prosecute such a case.

But I don't think any district attorneys office or solicitors office would attempt to prosecute something which the Attorney General's office says --in an official opinion--is not a crime.

So, if we are confident of our interpretation of the law, maybe we should ask the DAs Office to have the AG weigh in on the matter.

An AG opinion is unofficial when given to a District Attorney and is therefore non-bonding on that DA and other DAs throughout the state.

DAs are judicial circuit employees, not a state department.

 

[Malum Prohibitum]

But in my case I MUST go in, sign the kids out & wait a bit for them to show up.

I used to have to go in and pick up my kid from an after school program. Go in, sign out, etc. I would conceal the pistol, but I had a knife clipped in my pocket (CRKT). They pointed it out and pointed to a sign where they had the definition of weapons from 16-11-127.1 with the parts about edged weapons highlighted.

I said, "That same law says it does not apply when I am picking up a student."

"What?"

I repeated what I said.

They never said anything after that, but they never took the sign down, either.

This was several years ago now.

 

[Malum Prohibitum]

That was the judge's writing in her order, not the attorneys' argument.

Judge Ellerbe also opined that HB 286 did not conflict with HB 60 and thus it was legal to carry into school when not dropping off or picking up. Unfortunately, she dismissed the case for other reasons, and so her opinion on that matter ended up not mattering.

Now the Supreme Court has ruled and declared a conflict, apparently ignoring their own precedent and Georgia statutes that instruct precisely on how to determine whether a conflict exists, and also claiming, falsely, that HB 60 made it illegal to carry into schools. That is the situation with which we are stuck, though, because there is no appealing from the Supreme Court. It is supreme.

 

[Malum Prohibitum]

The main issue for the school/JCSO is me wanting to use (c)(7) to enter the building to carry/pick up my kids. I was explicit that I understand this would not apply to Fall Festival, PTA, Parent Teacher conference etc. ONLY pick up & drop off. She said that the building wasn't included in the section. When I pointed out the exact wording of (a)(3)
"any real property or building". She stumbled slightly and then said that didn't mean inside the building.

:roll:

I then asked her if it would be ok for me to go climb the building and walk across the top of it or something. She chuckled. And I asked what she believed "or building" meant if not the inside of it. Seems odd given the language of the statute in regard to getting your kids that it would mean anything OTHER than inside.

Sorry it did not go anywhere in the end, but it looks like you won at least one heart and mind.

Polite persuasion, and even a little friendliness, sure does go further than stomping your feet getting in her face, doesn't it?