Weapons on school property

Discussion in 'GA Laws and Politics' started by Purge, Sep 22, 2006.

  1. Purge

    Purge New Member

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    Here’s my situation. I’m a school teacher with a permit. I would like to carry my pistol to work (school), lock it up in a case in my car, and then carry it home or wherever. Can I do this or not? Below is the Unannotated Georgia Code with my interpretation and thoughts.


    16-11-127.1. Weapons on school property

    (b) Except as otherwise provided in subsection (c) of this Code section, it shall be unlawful for any person to carry to or to possess or have under such persońs control while within a school safety zone…

    (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 the school to have in such persońs possession or use as part of any activity being conducted at a school building, school property, or school function 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;


    If I got permission in writing from the principal I should have no problem, but I don’t think I want the principal involved. It’s best not to draw attention to what I’m doing.

    (17) Teachers and other school personnel who are otherwise authorized to possess or carry weapons, provided that any such weapon is in a locked compartment of a motor vehicle or one which is in a locked container in or a locked firearms rack which is on a motor vehicle.

    This should answer my question. Then I look at the words “authorized to possess or carry weapons.†Is it safe to assume that means Section 16-11-129 (Georgia Firearm License) or some other authorization?

    (d)(1) This Code section shall not prohibit any person who resides or works in a business or is in the ordinary course transacting lawful business or any person who is a visitor of such resident located within a school safety zone from carrying, possessing, or having under such persońs control a weapon within a school safety zone;

    I would be working in a business within the school zone and not prohibited from carrying and possessing.

    OK… What do you think? Am I good to go?
     
  2. ICP_Juggalo

    ICP_Juggalo Active Member

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    Well first off :ianal: and this is not legal advice. But if you wish I will humor you with my humble opinion.

    First off, let's come to an understanding about 16-11-127.1 In it, it lists "school property" and "school zones" as off limits to weapons unless you fall into one of the expemptions.

    "School property" would mean the school building(s) and it's adjacent parking areas.

    "School zone" would mean an area within 1000 feet of the school property, but not the actual school property itself.

    If you park on actual school property, then I don't think you would be exempt from keeping a weapon in your car licensed or not. I believe "authorized" means written permission from someone higher up than the prinicipal. Maybe someone from the school board, like the superintendant.

    If you park in a parking lot that is NOT on school property, but within 1000 feet of the property, in the school zone, then I believe you are authorized to keep a weapon in your car. Licensed or not.

    The GFL (Georgia Firearms License) in regards to 16-11-127.1 only allows you to pickup or drop off a student at a school building, school property, school bus, or school function while carrying your weapon without having to leave it in your car. Anyone else would have to leave it in their car.

    And still there is some debate as to whether or not you could be charged with carrying to a public gathering(16-11-127) while picking or dropping off your kid at a public school even though your exempt from the application of 16-11-127.1 while doing so with a GFL.

    Hope this helps
     

  3. GAGunOwner

    GAGunOwner Active Member

    Two different statutes....

    .
     
  4. ICP_Juggalo

    ICP_Juggalo Active Member

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    I thought the federal statute was overturned because it was found unconstitutional. Is that not so anymore? :-k
     
  5. Gunstar1

    Gunstar1 Administrator

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    The First Fed statute was overturned, something like they did not have the power to prohibit guns for what is not a commerse reason.

    Congress then repassed what was basically the same law but this time adding something like; gun free school zones make students safer and better eductated students are key to effective interstate commerse.

    It is on the books, but I am not aware of anybody charged with such a crime. Without a charge, no one has been able to have the courts decide if the new law should be thrown out again.
     
  6. Purge

    Purge New Member

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    Thanks for all of your responses. :D

    I guess it's not a good idea. :shock:

    What sucks the most is there are so many victimless crimes you (we, I) can commit just by breathing. That's got to stop :!:
     
  7. ICP_Juggalo

    ICP_Juggalo Active Member

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    Is there not a place to park off campus within the 1000ft zone where your school is? Like a private business or maybe a country club?

    Even with a license I wouldn't even think of letting myself get caught with a weapon on school property, unless I was picking up or dropping someone off. I don't even have kids so that is a valid enough reason for me NOT to go on school property.
     
  8. jrm

    jrm Sledgehammer

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    I think "otherwise authorized to carry" refers to authorization outside 127.1. So, it seems to me that someone with a GFL would be "otherwise authorized" and that a teacher could keep a gun in the car as described.

    The GFSZA was overturned by a court in TX, and then amended as described by GS1. The 9th Circuit affirmed someone's conviction under the revised law, finding that it now passes constitutional muster. :cry:
     
  9. ICP_Juggalo

    ICP_Juggalo Active Member

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    Please correct me if I am wrong, but doesn't the federal version fully exempt someone with a weapons license issued from the state regardless of what their purpose is on school property?
     
  10. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

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    Any resident license qualifies for the federal exemption so long as the license is pursuant to some check that you are qualified for the license.

    18 U.S.C 922(q)(2)(B)

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    :wink:

    http://www.law.cornell.edu/uscode/html/ ... -000-.html