Legal Question About Firearms on Public School Property.

[alnen]

Per O.C.G.A. 16-11-127.1 paragraph 7 it is still shown as legal when a "person who carries or picks up"....

Where is that contradicted?

The law that was passed (hb 826) removed that portion of the code. The governor insisted that the ga code not be changed to reflect the new law after the fact. Long story short, he claimed that due to the order in which he signed the 2 gun bills into law, the second one cancelled the first one out in this area. It is a sore subject, as times/dates of bill signings were "allegedly" changed to reverse order in order to use this excuse in order to attempt to squash campus carry after the fact. There are also many in the camp that believe the order of the signings does not matter in this case, as the bills did not contradict one another. I am in this camp.

That is the summary of what happened. I follow this stuff very closely and recommend everyone else do the same.

I will also reiterate this: GA law (as passed by our lawmakers) supersedes GA code (transcribed by a committee). This battle is now being fought in court. There is a whole lot more to what happened backdoor and what is going on now, but that is much deeper than I can muster at this hour.

 

[alnen]

Here is hb826 as it was passed into law:

http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/826

This is a brief write up I was able to find. Gives a brief synopsis of the situation, but stops short of quoting case law to back it up. That info can be found if you do a little digging...

http://concealedcampus.org/2014/05/is-campus-carry-legal-in-georgia/

 

[protective measures]

Here is hb826 as it was passed into law:

http://www.legis.ga.gov/legislation/en-US/Display/20132014/HB/826

This is a brief write up I was able to find. Gives a brief synopsis of the situation, but stops short of quoting case law to back it up. That info can be found if you do a little digging...

http://concealedcampus.org/2014/05/is-campus-carry-legal-in-georgia/

So according to that legislation a licensed person may carry "within a school zone" which affords greater latitude than 16-11-127.1 but still allows carry for licensees who are "carrying & picking up.

 

[GAgunLAWbooklet]

HB 826, if recognized as good law, gives a blanket exception to GWL holders when they're in a school zone or on school transportation.
Therefore, it's impossible for a licensed gun-carrier to violate 16-11-127.1. License = this law doesn't apply to you, period.
Without any regard to the reason for your visit to the school.

Under 826, people who don't have licenses would still have to find some other exception to the law that applies to them. Permission of school officials.
Using the gun as a demonstrative aid during a hunting safety course. Etc.

Also, if HB 826 were good law, we wouldn't have that long list of "weapons" that are banned. Knives, clubs, shocking devices, etc. No more prosecutions for having a Tweety-bird keychain with a little 3" chain attached to it with all the thickness and strength of a shoelace. HB 826 said that the school weapons law applies to guns and bombs. That's it.

 

[mkdhotrod]

Signed many school contracts, and there was no clause in them about weapons. So I believe it is legal according to state law. I often asked LEOs who worked with me their ideas, but most were ignorant of the newer state laws.

Its legal, but what I'm saying is that most employers can fire you for cause, without a real good reason, and alot of employers have a zero tolerance weapon policy, hell I work for the SC National Guard as a civilian, and attached as a reservist for DSCA mission, and there is a no privately owned weapon clause.

 

[protective measures]

HB 826, if recognized as good law, gives a blanket exception to GWL holders when they're in a school zone or on school transportation.
Therefore, it's impossible for a licensed gun-carrier to violate 16-11-127.1. License = this law doesn't apply to you, period.
Without any regard to the reason for your visit to the school.

Under 826, people who don't have licenses would still have to find some other exception to the law that applies to them. Permission of school officials.
Using the gun as a demonstrative aid during a hunting safety course. Etc.

Also, if HB 826 were good law, we wouldn't have that long list of "weapons" that are banned. Knives, clubs, shocking devices, etc. No more prosecutions for having a Tweety-bird keychain with a little 3" chain attached to it with all the thickness and strength of a shoelace. HB 826 said that the school weapons law applies to guns and bombs. That's it.

That is my understanding regarding the firearms/ license part.
Thanks for the clarity.

 

[diacnik]

That depends on what your local D.A. defines "picking up or dropping off".
I met with one of the D.A.'s in my county & asked this specific question for clarification in gun classes & was told that they define it as a permit holder could accompany their child to class as long as they went straight to the classroom & straight out w/o stopping to loiter in the office, cafeteria, gym, etc.
I would recommend getting an opinion from the D.A.'s office in your county as those opinions may vary.

This is also the opinion I was told by

Its legal, but what I'm saying is that most employers can fire you for cause, without a real good reason, and alot of employers have a zero tolerance weapon policy, hell I work for the SC National Guard as a civilian, and attached as a reservist for DSCA mission, and there is a no privately owned weapon clause.

Crazy clause that reserve guard and other soldiers are not armed in many locations.

 

[gh1950]

Signed many school contracts, and there was no clause in them about weapons. So I believe it is legal according to state law. I often asked LEOs who worked with me their ideas, but most were ignorant of the newer state laws.

The teachers and other employees are the ones really getting screwed. Even with a GWL there is no clear exception for school employees to have a firearm in their vehicle, and in any local school district, any teacher caught with one will get bounced.

A few years ago, Clarke County brought in a dog to search the teachers cars (smell) for firearms. The authorities found a couple, but it didn't take but a couple of calls from local attorneys to school board attys. about how illegal it all was, and the problem went away. Anyway, all the local school boards tell the teachers that the law does not permit them to have guns in their vehicles.

 

[gh1950]

Can a Georgia public school teacher with a valid Georgia Weapons License have a firearm in his/her parked vehicle while at work?

It's an open question. Every school board and principal will tell you no. There are provisions of the law that can be argued otherwise.

Most teachers aren't willing to risk a career to find out the answer. I don't blame them, just reciting facts.

I do some work in schools and I was discussing this with an seasoned assistant principal, and he said as far as he was concerned it was "don't ask, don't tell." But I'm not risking a career.

 

[diacnik]

The teachers and other employees are the ones really getting screwed. Even with a GWL there is no clear exception for school employees to have a firearm in their vehicle, and in any local school district, any teacher caught with one will get bounced.

A few years ago, Clarke County brought in a dog to search the teachers cars (smell) for firearms. The authorities found a couple, but it didn't take but a couple of calls from local attorneys to school board attys. about how illegal it all was, and the problem went away. Anyway, all the local school boards tell the teachers that the law does not permit them to have guns in their vehicles.

one thing is sure- it could be a problem causer for an educator to have a gun on school property. I do not believe that it would result in being "bounced" necessarily, but I am not looking to be the test case either.