okie of crosstimbers
04-07-2006, 01:15 AM
Sandy has questions.
Filename: m0012680
Match Number: 4 of 10
Score: 100
Entry_Date: 120404
Appellant: Sandy Garrett State Department of Education
Jurisdiction: Attorney General of Oklahoma - Opinion
Hearing_Date: December 7, 2004
Text_of_Rule:
Dear Superintendent Garrett,
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:
1. Are public schools in this state prohibited from adopting policies or rules that provide for student suspension from school for the possession of a firearm in the student's vehicle on school property? See H.B. 2122, 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)).
2. Are public schools prohibited from adopting policies or rules that prohibit a person from transporting and storing firearms in a locked vehicle on school property that is set aside for vehicles? See H.B. 2122, 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)).
I. THE POSSESSION OF FIREARMS ON SCHOOL PROPERTY
The first step in answering your question is to determine the lawfulness of the possession of firearms on school property.
Title 70 O.S. 24-101.3 (2004) provides in pertinent part:
"A. Any student who is guilty of an act described in paragraph 1 of subsection C of this section may be suspended out-of-school in accordance with the provisions of this section. Each school district board of education shall adopt a policy with procedures which provides for out-of-school suspension of students
* * * * * *
"C. 1. Students who are guilty of any of the following acts maybe suspended out-of-school by the administration of the school or district:
* * * * * * * *
"e. possession' of a dangerous weapon or a controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act. Possession of a firearm shall result in out-of-school suspension as provided in paragraph 2 of this subsection.
"2. Any student found in possession of a firearm while on any public school property or while in any school bus or other vehicle used by a public school for transportation of students or teachers shall be suspended out-of-school for a period of not less than one (1) year, to be determined by the district board of education pursuant to the provisions of this section. The term of the suspension may be modified by the district superintendent on a case-by-case basis. For purposes of this paragraph the term "firearm" shall mean and include all weapons as defined by 18 U.S.C.A. 921."
Id. (footnote added) (emphasis added).
This statute requires the suspension of a student for the possession of a firearm on school property. Id. Additionally, it requires school districts to establish policies that provide procedures for student suspension. Id.
Title 21 O.S. 1280.1 (2004) governs the conduct of "any person," not just students, and provides:
"POSSESSION OF FIREARM ON SCHOOL PROPERTY
"A. It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title, except as provided in subsection C of this section or as otherwise authorized by law.
"B. "School property" means any publicly or privately owned property held for purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is. leased or rented to an individual or corporation and used for purposes other than educational.
"C. Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:
"1. A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, or a handgun carried in a vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;
"2. A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, provided the course or event is approved by the principal or chief administrator of the school where the course or event is offered, and provided the weapon is properly displayed or stored as required by law pending participation in the course, event, program or competition; and
"3. Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of their duties and responsibilities.
"D. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), and imprisonment for not more than two (2) years. Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for an administrative fine of One Hundred Dollars ($100.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section."
Id.
As stated above, subsection (A) makes it a felony for any person to possess a firearm or other weapon on school property. Id. Subsection (C) provides exceptions to this criminal prohibition and defines circumstances under which the possession of firearms or knives is not a violation. Id. A person may possess a firearm or knife for hunting or fishing if properly displayed and stored as required by law or pursuant to the Oklahoma Self-Defense Act ("SDA"), 21 O.S. 1290.1 - 21 O.S. 1290.26 (2001-2004), in a private vehicle on school property if the vehicle containing the weapon is driven onto school property only to transport a student to and from school and if the vehicle does not remain unattended on school property. 21 O.S. 1280.1(C)(1) (2001). Also, a person may possess a gun or knife on school property for the purposes of participating in a school approved training course, firearms event or competition, or a living history reenactment, "provided the weapon is properly displayed or stored as required by law." Id. 21 O.S. 1280.1(C)(2). Subsection (C) also provides an exemption for the possession of weapons by law enforcement. Id. 21 O.S. 1280.1(C)(3).
II. THE PROHIBITION OF FIREARMS IN LOCKED VEHICLES
House Bill 2122 creates a general prohibition to the establishment of policies and rules that prohibit the transportation and storage of firearms in a locked vehicle on property set aside for the use of any vehicle. See 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)). Section 1 enacted a new law, codified at 21 O.S. 1289.7a (2004), which provides:
"No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle."
Id.
Continued...
Filename: m0012680
Match Number: 4 of 10
Score: 100
Entry_Date: 120404
Appellant: Sandy Garrett State Department of Education
Jurisdiction: Attorney General of Oklahoma - Opinion
Hearing_Date: December 7, 2004
Text_of_Rule:
Dear Superintendent Garrett,
This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following questions:
1. Are public schools in this state prohibited from adopting policies or rules that provide for student suspension from school for the possession of a firearm in the student's vehicle on school property? See H.B. 2122, 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)).
2. Are public schools prohibited from adopting policies or rules that prohibit a person from transporting and storing firearms in a locked vehicle on school property that is set aside for vehicles? See H.B. 2122, 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)).
I. THE POSSESSION OF FIREARMS ON SCHOOL PROPERTY
The first step in answering your question is to determine the lawfulness of the possession of firearms on school property.
Title 70 O.S. 24-101.3 (2004) provides in pertinent part:
"A. Any student who is guilty of an act described in paragraph 1 of subsection C of this section may be suspended out-of-school in accordance with the provisions of this section. Each school district board of education shall adopt a policy with procedures which provides for out-of-school suspension of students
* * * * * *
"C. 1. Students who are guilty of any of the following acts maybe suspended out-of-school by the administration of the school or district:
* * * * * * * *
"e. possession' of a dangerous weapon or a controlled dangerous substance, as defined in the Uniform Controlled Dangerous Substances Act. Possession of a firearm shall result in out-of-school suspension as provided in paragraph 2 of this subsection.
"2. Any student found in possession of a firearm while on any public school property or while in any school bus or other vehicle used by a public school for transportation of students or teachers shall be suspended out-of-school for a period of not less than one (1) year, to be determined by the district board of education pursuant to the provisions of this section. The term of the suspension may be modified by the district superintendent on a case-by-case basis. For purposes of this paragraph the term "firearm" shall mean and include all weapons as defined by 18 U.S.C.A. 921."
Id. (footnote added) (emphasis added).
This statute requires the suspension of a student for the possession of a firearm on school property. Id. Additionally, it requires school districts to establish policies that provide procedures for student suspension. Id.
Title 21 O.S. 1280.1 (2004) governs the conduct of "any person," not just students, and provides:
"POSSESSION OF FIREARM ON SCHOOL PROPERTY
"A. It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title, except as provided in subsection C of this section or as otherwise authorized by law.
"B. "School property" means any publicly or privately owned property held for purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is. leased or rented to an individual or corporation and used for purposes other than educational.
"C. Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:
"1. A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, or a handgun carried in a vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property;
"2. A gun or knife used for the purposes of participating in the Oklahoma Department of Wildlife Conservation certified hunter training education course or any other hunting, fishing, safety or firearms training courses, or a recognized firearms sports event, team shooting program or competition, or living history reenactment, provided the course or event is approved by the principal or chief administrator of the school where the course or event is offered, and provided the weapon is properly displayed or stored as required by law pending participation in the course, event, program or competition; and
"3. Weapons in the possession of any peace officer or other person authorized by law to possess a weapon in the performance of their duties and responsibilities.
"D. Any person violating the provisions of this section shall, upon conviction, be guilty of a felony punishable by a fine not to exceed Five Thousand Dollars ($5,000.00), and imprisonment for not more than two (2) years. Any person convicted of violating the provisions of this section after having been issued a concealed handgun license pursuant to the provisions of the Oklahoma Self-Defense Act shall have the license permanently revoked and shall be liable for an administrative fine of One Hundred Dollars ($100.00) upon a hearing and determination by the Oklahoma State Bureau of Investigation that the person is in violation of the provisions of this section."
Id.
As stated above, subsection (A) makes it a felony for any person to possess a firearm or other weapon on school property. Id. Subsection (C) provides exceptions to this criminal prohibition and defines circumstances under which the possession of firearms or knives is not a violation. Id. A person may possess a firearm or knife for hunting or fishing if properly displayed and stored as required by law or pursuant to the Oklahoma Self-Defense Act ("SDA"), 21 O.S. 1290.1 - 21 O.S. 1290.26 (2001-2004), in a private vehicle on school property if the vehicle containing the weapon is driven onto school property only to transport a student to and from school and if the vehicle does not remain unattended on school property. 21 O.S. 1280.1(C)(1) (2001). Also, a person may possess a gun or knife on school property for the purposes of participating in a school approved training course, firearms event or competition, or a living history reenactment, "provided the weapon is properly displayed or stored as required by law." Id. 21 O.S. 1280.1(C)(2). Subsection (C) also provides an exemption for the possession of weapons by law enforcement. Id. 21 O.S. 1280.1(C)(3).
II. THE PROHIBITION OF FIREARMS IN LOCKED VEHICLES
House Bill 2122 creates a general prohibition to the establishment of policies and rules that prohibit the transportation and storage of firearms in a locked vehicle on property set aside for the use of any vehicle. See 2004 Okla. Sess. Laws ch. 39 (codified at 21 O.S. 1289.7a / 21 O.S. 1290.22 (2004)). Section 1 enacted a new law, codified at 21 O.S. 1289.7a (2004), which provides:
"No person, property owner, tenant, employer, or business entity shall be permitted to establish any policy or rule that has the effect of prohibiting any person, except a convicted felon, from transporting and storing firearms in a locked vehicle on any property set aside for any vehicle."
Id.
Continued...
