Teacher arrested for gun in car, valid CCP
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Double Naught Spy
New member
So Fudd was arrested for what? Was it trespassing? The article did not say that it was illegal for him to have a gun in his car on school grounds, only that it violated school rules. I understand that while the gun may have been legal in his car, it violates his employment and so the only thing that I think would pertain to him being arrested would be trespassing. Maybe things are different there, but if it was trespassing, then the arrest seems a little over the top. Heck, the school district didn't even fire the teacher.
What am I missing?
I am going to guess that he won't have a valid permit for long after this.
What am I missing?
I am going to guess that he won't have a valid permit for long after this.
and he's really in trouble.sorry I didn't read the story.......but if the firearm was locked up and out of sight and vehicle was locked tight how did it become known.......again I am sorry I didn't read the whole story........ Like it or not in my state it's law.... However if I go to pick up the kids and remain in the vehicle I can be legal about having CCW still on my person on school grounds.....and I bet that makes the anti gun crew just stew with anger too?
carpfisher
New member
Fortunately, Michagan has recently changed the rules. Guns are allowed in the parking lot but must be left there. IOW if you are on macadam, OK. As soon as you step on to a concrete sidewalk, no guns. That way those picking up kids can grab the kid and go. If you have to see the principal about your little darlin', leave it in the car.
There is a Virginia law change that goes into affect in July that allows you to at least drive in the parking lot to pick up/drop off if you have a concealed permit, stay in the vehicle, and the weapon stays concealed at all times.
They fired and sent a Manassas teacher to jail for this a few years ago.
They fired and sent a Manassas teacher to jail for this a few years ago.
FirstFreedom
Moderator
what DNS said!
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited
A. If any person possesses any (i) stun weapon or taser as defined in this section, (ii) knife, except a pocket knife having a folding metal blade of less than three inches, or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm, upon (a) the property of any public, private or parochial elementary, middle or high school, including buildings and grounds, (b) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.
B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or parochial elementary, middle or high school, including buildings and grounds, (ii) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or parochial elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities, (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose, (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises, (iv) any law-enforcement officer, (v) any person who possesses a knife or blade which he uses customarily in his trade, or (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.
It is a Class 6 Felony (the lowest felony grade) to have a firearm on the schools property. It is not a trespassing charge, it is a direct violation of 18.2-308.1(B).
A. If any person possesses any (i) stun weapon or taser as defined in this section, (ii) knife, except a pocket knife having a folding metal blade of less than three inches, or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm, upon (a) the property of any public, private or parochial elementary, middle or high school, including buildings and grounds, (b) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.
B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or parochial elementary, middle or high school, including buildings and grounds, (ii) that portion of any property open to the public used for school-sponsored functions or extracurricular activities while such functions or activities are taking place, or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or parochial elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.
The exemptions set out in § 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities, (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose, (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises, (iv) any law-enforcement officer, (v) any person who possesses a knife or blade which he uses customarily in his trade, or (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.
It is a Class 6 Felony (the lowest felony grade) to have a firearm on the schools property. It is not a trespassing charge, it is a direct violation of 18.2-308.1(B).
BigBoreKindaGuy
New member
If a law has one or more circumstantial exceptions associated with it then that is saying (between the lines people) that the law is on shakey ground at best and one better be prudent in their decision making so as to not place themself into a predicament that must be settled in court....why?...because its your dumb stupid ass that will be put into an arrest situation before you get your day in court.
And no matter whether you are found innocent you will always have that history follow you wherever you go (even with your record expunged) and it can cost you your job or alot of other problems as well.
This is the one thing I don't think many CCW folks get....instead they always seem to have a latent (almost flaunting-like) desire to tempt fate by putting themselves into this kind of predicament.
These types are simply STUPID and IGNORANT and they just give anti-gun folks that much more support for their arguments. I can just see that given enough time passing all the incidents such as this will be filed for later use by the anti-gun folks to be used against us when that one God-forbid incident happens when some stupid gun-carrying YOYO really screws up and crosses the CCW privilege.
The sad thing is there is nothing that really can be done about it to sift the YOYO's out so they cannot get their CCW. This is just an unfulfilled prophesy that is waiting to happen....and it will given enough time and enough STUPIDITY.
And no matter whether you are found innocent you will always have that history follow you wherever you go (even with your record expunged) and it can cost you your job or alot of other problems as well.
This is the one thing I don't think many CCW folks get....instead they always seem to have a latent (almost flaunting-like) desire to tempt fate by putting themselves into this kind of predicament.
These types are simply STUPID and IGNORANT and they just give anti-gun folks that much more support for their arguments. I can just see that given enough time passing all the incidents such as this will be filed for later use by the anti-gun folks to be used against us when that one God-forbid incident happens when some stupid gun-carrying YOYO really screws up and crosses the CCW privilege.
The sad thing is there is nothing that really can be done about it to sift the YOYO's out so they cannot get their CCW. This is just an unfulfilled prophesy that is waiting to happen....and it will given enough time and enough STUPIDITY.
Double Naught Spy
New member
Brickeye, thanks for posting the legal stuff. I am surprised the article did NOT make a point out of the transgression being a felony, even a low level one.
With that said, trespassing could still apply, but not be used. This is because he would have been breaking the rules on school property by bringing an item prohibited by the school. In this case, it was a gun, but could have been some other item that would be prohibited. Here, it is just that guns are also covered under another aspect of the law.
Interesting. The article notes that having guns on school property is against school rules, but says nothing about it being against the law.
With that said, trespassing could still apply, but not be used. This is because he would have been breaking the rules on school property by bringing an item prohibited by the school. In this case, it was a gun, but could have been some other item that would be prohibited. Here, it is just that guns are also covered under another aspect of the law.
Interesting. The article notes that having guns on school property is against school rules, but says nothing about it being against the law.
TheeBadOne
Moderator
RE: Searches on School Property
School property is usually posted (parking lots) as:
"ALL VEHICLES SUBJECT TO SEARCH"
This gives the school the ability to have vehicles searched in a manner quite different from LEO contacts out on the street somewhere else.
2cents
School property is usually posted (parking lots) as:
"ALL VEHICLES SUBJECT TO SEARCH"
This gives the school the ability to have vehicles searched in a manner quite different from LEO contacts out on the street somewhere else.
2cents
Spotted Owl
New member
Does it? What if the sign said "ALL FEMALES SUBJECT TO RAPE"? Does that give anyone carte blanche to attack the nearest female?
Searches
If your speaking of Virginia your information is incorrect. Guns are allowed inside bars in the commonwealth. But the firearm must be exposed concealed carry is not allowed. In fact, you don't even need a permit to carry a firearm inside of a bar in Virginia. Also, it is illegal to consume alcohol while under arms in Virginia.
School officals can search vehicles and everything else on there property including students,if they wish. In Virginia a permit holder is OK with carrying a loaded handgun on school property if he/she is droping off a student. But, the permit holder must remain in there vehicle, not leave the vehicle and keep the weapon concealed at all times.
If your speaking of Virginia your information is incorrect. Guns are allowed inside bars in the commonwealth. But the firearm must be exposed concealed carry is not allowed. In fact, you don't even need a permit to carry a firearm inside of a bar in Virginia. Also, it is illegal to consume alcohol while under arms in Virginia.
School officals can search vehicles and everything else on there property including students,if they wish. In Virginia a permit holder is OK with carrying a loaded handgun on school property if he/she is droping off a student. But, the permit holder must remain in there vehicle, not leave the vehicle and keep the weapon concealed at all times.
novus collectus
Moderator
Sadly, it would be valid, even off school property. Around about ten years ago the U.S. Supreme Court said that an anonymous tip qualified as probable cause when used to search vehicles. One reason I thought this was a stupid decision on the part of the Supreme Court was that anyone could easily frame someone else anonymously. As far as we know, the teacher's girlfriend was so mad at him that she snuck his backup piece in his car in the middle of the night and then called the cops to make an anonymous tip the next day.