Private Kindergarten: legal gray area?

[mons meg]

Ok, so my daughter goes to a private kindergarten (also pre-K). This is run out a small-ish church in town, and they only have pre-K and kindergarten, no grade school. School lasts only until lunch, and after that they are a licensed day care facility...all inside the church.

My question is, does this count as a school under State law? There is no posted school zone, so it shouldn't fall under the Federal Gun Free School Zones Act. Also, like I mentioned, after 12 it's a private day care run by a church and no longer a school. So I need to know if I need to follow State school zone rules, i.e. no carry unless I'm in the car picking up/dropping off. Picking up involves going inside and signing the child out.

OS 1277 says no carry in "any primary or secondary school", except for the above mentioned exceptions for SDA permit holders while in the car. So I guess the question is does a kindergarten count as a primary school?

 

[338Shooter]

I'd rather be caught with it than without it....judged by 12 than carried by six...

Good question giant cannon man.

 

[Buzzdraw]

Do they have any sort of official state recognition? Are the classes there recognized by your local school system as something they will accept? It is someplace to start anyway.

 

[mons meg]

I'd rather be caught with it than without it....judged by 12 than carried by six...

Problem is, that statute carries a felony with it if violated.

My gut tells me it's not considered a primary school until first grade, been looking on OSCN for legal definitions of primary/secondary.

Edit: plus, once kindergarten is over at 11:30, does the building revert to its primary purpose as a church, albeit one which offers daycare? Could we end up with a situation where one set of rules applies in the morning but not the afternoon? Don't "normal" private schools also rate school zones?

argh

Buzz, I don't know about any kind of accreditation...Oklahoma is pretty liberal (the good kind) when it comes to education. Home schoolers love it here for that reason.

 

[Buzzdraw]

You should certainly be good at the church when it becomes "daycare" after the pre-K/K session is over. OK statutes do not restrict carry in that environment, though some other states do so.

 

[LightningCrash]

The term "primary school" in US usually includes Kindergarten.

 

[bettingpython]

1280.1 paragraph B

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.

I would say if any portion of the church is still a church even when kindergarten is in than you're good to go in the parking lot. That's a very muddy section.

In this case you have a private entity using a portion of it's property as a kindergarten.

 

[B96brig4CC]

It is not a School. It is a church used for that purpose. As far as the law goes you are on church property. There may be rooms used for schooling but it is still church property. My daughter goes to a private school that is the same situation and I carry for every event that is held at her location. Her location is a satellite to a main campus that is a school building, so I don't carry there.

 

[V1K1NG0]

I think I know which school you are referring to. I'd just call the sheriffs office and see what they say http://www.logancountyok.com/Contact_Us.php

 

[Iwant1]

I'd rather be caught with it than without it....judged by 12 than carried by six...

Good question giant cannon man.

+1 Answer to all Grey Areas...