[Tinkerhell]

I live in Jones county - pretty rural and laid back about guns. For the last couple of years I've carried open & concealed to pick my child up from after school care in the afternoons. I know the ladies that are usually in charge so no one has ever said anything to me about it. This summer my kids are doing a summer camp at the school (done by the school) and I've been drop dropping them off and picking them up this week. Different teachers are running it. This morning one asked me the obligatory "Are you an officer" question. "Nope". She proceeded to tell me the school was off limits and I couldn't carry. I disagreed and said that the Ga Code says I can when dropping off or picking up. Then she advised I could still carry as long as I didn't come in the building. "no ma'am I believe you are incorrect. When I come get my kids this afternoon I'll be happy to bring a copy of the code to give to whoever told you to tell me not to do this."

This afternoon I got a call from a Lt from JCSO to explain that it was illegal and please don't do it again. :handcuffs:

We had conversation about the 16-11-127.1 and he said he didn't have internet where he was calling from so he couldn't read the sections but regardless if the school principle & county superintendent have declared no weapons in the building then there will be no weapons in the building! :bat:
I politely informed him that he was mistaken and that if state law says the building is legal then it is and the Prin nor the Super can make up their own laws and overrule state law (yeah I know sometimes that is permissible, not in this case) and any such notion was :bsflag:.
He ended up with saying that this was going to be "written up" and "on file" and if I go back in the school with a gun I'll get cited with something or other , I forget exactly what he told me it would be and could be :jail:. I advised that perhaps he should get the law pulled up and then we could talk about it.

He said he would look up the section and call me back. :lol:

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. Then he comes back with "Well that's not what they taught us in (whatever class he went to about this stuff)" and says he is kinda surprised at that. He then realizes that I appear to actually know what I'm talking about and might have a leg to stand on (not saying I actually do on either point but...) and says what he'll do is call the DA about this today and get back to me. :wink:

I agreed I'd not tote in the school again until I hear back assuming he gets back to me in a reasonable amount of time.

So. When someone calls back and says that's not what things mean I'll insist on something in writing. Then I guess I'll see where things go from there.

Fun times!!

P.S. I will give the guy a break in that he did sort of kinda know the laws (and I have zero doubts that he has been told to enforce them this way) and was familiar with what just changed for colleges and such. Nice enough as well once he figured out I wasn't just the lower end fella who wants to be a hard head and carry his gun everywhere he pleases.

I'm at least a middle end fella who wants to carry everywhere. :rotfl:

 

[Tinkerhell]

Without question.

Should I get arrested? Ya know, take one for the team and all that! Get a good solid case set up to go to court with. :lol:
I'm Johnny clean and an upstanding member of the local community, I'm a church trustee (and security) good career and I bath regularly!!

 

[Tinkerhell]

My two favorite people to see paying attention to my posts!! I'm honored guys.

 

[Tinkerhell]

More irritating is the school attitude that they can make up rules that somehow override GA law.

Yep. I about choked when the Lt tried to tell me the Prin & Super have decided that. The instant I called BS on that he gave it up. ROFL.

I WISH I was more comfortable talking with the police. I get so excited and nervous that I get a bit short of breath and stammer a little. Toastmasters needs a side class on talking with "authority" persons. I can stand up in a room full of people with no problem. Talking with "The Man" gets me anxious. anic:
Too many years of being scared to death of cops as a kid I guess. They could give me speeding tickets!!

 

[Tinkerhell]

Got a call back from the Lt.
Carry not allowed per assistant DA.
He didn't go into "why" just that was what the ADA advised and that I could call her with questions.

Needless to say I have questions. I'm waiting her return call now.

 

[Tinkerhell]

I would not be surprised if the wait is interminable.

Apparently not.

Now, when I called the DA's office it is a bit odd to me that the voice mail does not list the persons name that I was given (she is an ADA though according to some local news articles). But I left a message and I'm checking around for another way to reach this person directly. According to the Lt "she'd be happy to talk with me". For some reason I doubt this. hehehe.

 

[Tinkerhell]

I agree with JRM here too. Any reason to go on or in the property to get your kid or drop them off is legal.

But in my case I MUST go in, sign the kids out & wait a bit for them to show up. If I am picking them up it is either the summer camp thing which they are doing now or from after school program. No line of cars at the school where I would "normally" wait and they come out. I MUST go in to get them every time.

Right now I'm waiting to hear back from the ADA. (Called them this morning and got the secretary who said she'd given my message to the ADA and she was to call me back when she gets in this morning. I love Jones county!) I'm assuming I'll eventually get in touch, she will say "this is our interpretation" and not be willing to explain why. If she will discuss it she won't put it in writing. ("We know what the words say but we don't want you to have a gun in the school so we are going to pretend the words mean something other than what they really mean" ](*,) )Then I'll have to ask the DA since he's is the one who actually matters unless I'm mistaken. He, of course, will agree with the ADA and also refuse to give me anything in writing.

Then I'll have to figure out exactly what they could reasonably charge me with and see if I am willing to throw the dice on being a test case. :scared:

For you guys in the profession: What could they reasonably charge me with & what's the penalty for those charges?

(I understand I have not retained any attorney and nothing posted here is taken as actual legal advice. :wink: )

 

[Tinkerhell]

ok last update probably for a while. The ADA called me back and we had a GREAT conversation. I will say again I LOVE Jones County and the folks in it. So reasonable and friendly!!

We had a 20 minute conversation. She gets it. Completely and was kinda surprised when I fully explained what I want to be doing and then pointed out the code sections relevant. 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. To the best of my knowledge the kids are never anywhere else unless they are outside on the "real property"....

She pondered a bit and declared that she certainly saw my point but that it apparently is the SO and the Superintendent's opinion that the code section means I can't go in the building and I could still be cited/arrested if that were the case. I then asked what the DA's opinion was and if such a hypothetical case landed on her desk would she prosecute it or not (and if so would it be this statute or something else that we haven't even talked about). Because I have a feeling that if the SO wastes time every day to be waiting on or responding to a call from the school to come out & cite/arrest me and every time the case is declined by the DA that the SO will eventually decide to quit pointlessly bothering me (I would think it would be a mighty hard sell for the DA to decline to prosecute a case one day and then turn around another day and decide to prosecute the exact same case. I would think that'd look really fishy to any judge once pointed out. I'm probably wrong about this because - Law....)

She then went into how case law and other opinions in the state would dictate that etc etc.... I advised I understood all of that pretty well and reiterated my question. If this came into the DA's office what would they do? She said that she would be happy to research this for me and if I would be patient she'd let me know. :woohoo:

My kids probably won't be back at the school until the year starts in a couple months so I said that would be absolutely wonderful. And after this exceptionally pleasant conversation I have every confidence that she will get back.

She professed to be happy about the recent changes in the OCGA regarding carrying and that she's all for it and thought that this is a very interesting situation. I'm actually looking forward to speaking with her and the SO and whoever else about this more. I still fear they will come back and say they will cite me but I have a hope that maybe my lovely county will come around and decide that words mean exactly what they say in plain English.

If they do it won't really help GCO as far as a test case but to get a green light with my officials and not have to suffer with the potential loss of a trial I'll take it.

 

[Tinkerhell]

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.

Oh Lordy! I can't even imagine ANYONE ever saying anything to a non-student in Jones County about carrying a knife. They might give you a citation around here if you DON'T carry a knife. Possibly run you out of town tarred and feathered. This is not an exaggeration. :lol:

 

[Tinkerhell]

Well finally heard back from the DA's office. The very nice when I initially spoke to her ADA apparently went to the DA and I suspect was told that she can't tell me anything at all.

This after a month of me calling her and being ignored after she asked me two months ago month for time to do case law research (which I already knew didn't really exist).

Honestly I kinda figured it would go this way but I had an optimistic hope that maybe it wouldn't.

She says that she can talk with LE and give her opinion on stuff to them only. I'm willing to bet that if I get back in touch with the original S.O. Lt that called me and told me I was breaking the law and ask him to go back to the ADA to see if she has anything different to say and he were to do so then what she would tell him would be no different - that I wasn't supposed to do it.

What I'll probably do is try and talk with certain folks we all know from these boards...

 

[Tinkerhell]

Well maybe. From her tone today I have a feeling that she might have gotten fussed at about it. She did not sound terribly happy to be speaking with me.

Certainly my process was indeed better than just ranting and raving. But I have a problem when I run into someone being intentionally argumentative when they have no real argument.

I suppose I should just stay away form you lawyer types. LOL.