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Hall County School Board Approves Carry for Security Assistant

956 Views 8 Replies 7 Participants Last post by  AtlPhilip
http://www.gainesvilletimes.com/section/6/article/124535/

A Hall County Schools security employee is now authorized to carry a handgun while fulfilling the duties of his job.
At its meeting Monday night, the school board unanimously approved a policy allowing Andy Betancourt, the school district’s safety and security assistant, to carry a weapon at the district office and while visiting school campuses.
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Given the limitations on non POST Certified sworn officers carrying on school grounds, under what legal authority does the school board take such action?
Given the limitations on non POST Certified sworn officers carrying on school grounds, under what legal authority does the school board take such action?
Maybe there is an exception for Blue Card holders?
It has been a part of the law for quite some time, but HB60 in 2014 really spelled it out.

You guys need to read a little.
Given the limitations on non POST Certified sworn officers carrying on school grounds, under what legal authority does the school board take such action?
OCGA 16-11.127.1(c)(6)

(6) A person who has been authorized in writing by a duly authorized official of a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;

the school board unanimously approved a policy allowing Andy Betancourt, the school district's safety and security assistant, to carry a weapon at the district office and while visiting school campuses.
Here is the real intent. School administration are better people than your children and as such deserve armed protection.
Given the limitations on non POST Certified sworn officers carrying on school grounds, under what legal authority does the school board take such action?
Why doesn't O.C.G.A. § 16-11-127.1(c)(6) apply?

(c) The provisions of this Code section shall not apply to:
(6) A person who has been authorized in writing by a duly authorized official of a public or private elementary or secondary school or a public or private technical school, vocational school, college, university, or other institution of postsecondary education or a local board of education as provided in Code Section 16-11-130.1 to have in such person's possession or use within a school safety zone, at a school function, or on a bus or other transportation furnished by a school a weapon which would otherwise be prohibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid;
130.1

I don't know about the viability of a PUBLIC school official, or school board, granting any private citizen (even an ex-cop) permission to carry all the time, every school day, all year long...

... using ONLY the 127.1 (c)(6) exception,

... when a MORE RECENT law, 130.1, goes into much more detail about this and has a long list of requirements and procedures. Mandatory training, annual re-certification, background checks, and secure storage when the weapon isn't carried on-body.

130.1 references 127.1 (c)(6) and LIMITS the power of school officials by mandating certain new procedures.

Perhaps this fellow does meet all the qualifications of both 130.1 and 127.1.
His prior training as a LEO can be credited to eliminate new training.

As an aside, it seems that nothing in 130.1 contemplates bringing firearms to school for purposes other than daily security/ self-defense duty, so I would think that the principal of a school could still give written permission to somebody to bring a historical firearm to a history class, a working gun to a physics class for a demonstration of recoil or bullet deformation (shooting into a bundle of newspapers, for example), a pest control person shooting groundhogs or rats with a .22 rimfire, etc.

I don't think the Board of Education needs to be involved in those permissions.
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Why doesn't O.C.G.A. § 16-11-127.1(c)(6) apply?
I don't know about the viability of a PUBLIC school official, or school board, granting any private citizen (even an ex-cop) permission to carry all the time, every school day, all year long...

... using ONLY the 127.1 (c)(6) exception,

... when a MORE RECENT law, 130.1, goes into much more detail about this and has a long list of requirements and procedures. Mandatory training, annual re-certification, background checks, and secure storage when the weapon isn't carried on-body.

130.1 references 127.1 (c)(6) and LIMITS the power of school officials by mandating certain new procedures.

Perhaps this fellow does meet all the qualifications of both 130.1 and 127.1.
His prior training as a LEO can be credited to eliminate new training.

As an aside, it seems that nothing in 130.1 contemplates bringing firearms to school for purposes other than daily security/ self-defense duty, so I would think that the principal of a school could still give written permission to somebody to bring a historical firearm to a history class, a working gun to a physics class for a demonstration of recoil or bullet deformation (shooting into a bundle of newspapers, for example), a pest control person shooting groundhogs or rats with a .22 rimfire, etc.

I don't think the Board of Education needs to be involved in those permissions.
Thanks guys. I appreciate the actual answer to my question.
Thanks guys. I appreciate the actual answer to my question.
What, no love? :bat:
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