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Discussion in 'General Discussion' started by 6shooter, Jul 27, 2015.
Colb, yes she does. Don't think it's state or fed.
If it's not a criminal act, it is not illegal.
In this case, the criminal act would be refusing to leave if told to do so, basically trespassing.
To answer the original question, is the entrance and hallway through the first floor a common area, or is it part of the school? I would assume it is a common area and would not legally be part of the school since the school does not control the entrance and hallway.
With regard to the "request to leave the property," would having to take the weapon back to the vehicle cause her to be late for work? As for the criminal trespass, if one of the tenants or property management asks your wife to leave, would she still be allowed access provided she had place the weapon back in her car, or would the demand that she leave the premises apply to her whether she was carrying or not.
Personally, I'd be checking with an attorney. Does her employer have a legal staff?
she might find that asking her employer reveals the employer doesn't want guns carried. Just saying.
well u cannot carry onto school property (other than parking lot) of public school, k-12, college, technical.
with a SDA license, u can leave a loaded gun, hidden, in a locked car of a school parking lot on k-12, college, university, technical school as of 11/1/14.
u can carry on university/college 'property' (parking lot and not a parking lot), i.e. walking on school 'property', with written permission of the president and i believe k-12 with written permission from principal if think for very specific activites.
So the wife is walking thru a 'college' with a gun on her person, without written permission of the president of this college, then that walk thru the college is illegal IMO. it does not matter if she is attending the college or has business at the college, she is on college 'property' with a gun. not legal.
The 'GUN BUSTER' or no weapon sign on the entrances does not make it a legal gun free area, or a illegal act to carry past these signs. the law reads that if the owner of the property asked you to leave (or remove your weapon from the property) because you have carried a gun onto posted property (store) and you refuse you can be issued a $250 fine by a LEO. so it is not persecutable to carry onto posted property, but it is a fine to not leave when asked to do so.
BUT i think the overwriding fact is that this property is a SCHOOL and you cannot carry on your person outside of the car on SCHOOL PROPERTY.
It is not about the gun buster sign, it is about carrying on SCHOOL property IMO
The gunbuster signs are irrelevant.
The question, are the common areas within the building legally school property?
From the OP, the "school" is located in the bottom floor of a multi story building, however, the school and other tenants of the building share the ingress, egress, stairways and elevators. I am not a lawyer, but in my opinion, if the school does not control ingress and egress in those areas, they are not legally part of the school and are not prohibited places.
Shall not be a criminal act = concealed is concealed
The only thing risked by carrying in a private business is being asked to leave. BFD.
Are you looking at it as a requirement to provide easement? It doesn't seem right that a lessee (tech school) can control ingress and egress or set rules to other lessee leaseholds, for which they aren't the lessor.
I'm sure if you asked 10 different lawyers, you'd get 10 different legal opinions on this one. It should be as much a matter of contract law as SDA law. I highly doubt that anyone who wrote the legislation actually considered such a unique situation. No law covers every eventuality.
TITLE 21 § 1280.1 POSSESSION OF FIREARM ON SCHOOL PROPERTY
B. For purposes of this section:
1. "School property" means any publicly owned property held for purposes of elementary, secondary or
vocational technical education, and shall not include property owned by public school districts or where
such property is leased or rented to an individual or corporation and used for purposes other than
Not school property, so unlawful carry does not apply. Only violating business owners rights and would be trespass, same as if you walked in with no shirt, no shoes and they had it posted.
Since they don't have a sign that says no pants is that legal?