View Full Version : Shocking Video Released by CRPA Foundation About Expelled High School Student

CRPA News and Updates
02-16-2011, 3:33 PM
Shocking Video Released by CRPA Foundation About NRA/CRPAF Successful Legal Effort on Behalf of Expelled Duck Hunting High School Student

Last year the NRA and the CRPA Foundation joined forces under their California Legal Action Project (LAP) to provide legal assistance for high school student Gary Tudesko in his fight to be readmitted to Willows High School in Glenn County, California. NRA News, in cooperation with the CRPA Foundation, has now released a video chronicling the events and the ultimate victory. It is posted at http://www.youtube.com/MichelLawyers. The Tudeskos will be guests of honor at the upcoming CRPA banquet to be held on February 26, 2011.

Sixteen-year-old Tudesko was expelled on November 19, 2009 for having unloaded shotguns in his pick-up truck that he legally parked on an off-campus, public street near the Willows High School campus. The high school is located in a small rural community near Sacramento, and the unloaded shotguns were in his truck because he had gone duck hunting in the pre-dawn hours before school. The case garnered significant national media coverage as an example of zero-tolerance policies run amuck.

Tudeskoís shotguns were discovered in the pick up truck by scent-sniffing dogs during a questionable school search. Police ran the license plates, determined Tudesko was the owner, and then called him out of class. Tudesko cooperated and readily told the Principal about the shotguns and his early morning hunting trip.The school first suspended Tudesko for five days, then extended the suspension indefinitely until an expulsion hearing was held. Tudeskoís mother, Susan Parisio defended her son during the November 19th public hearing on his expulsion. She challenged the school districtís legal jurisdiction to enforce the Education Codeís prohibition of guns on campus against her son for having unloaded shotguns locked in an off-campus vehicle parked on a public street. (See Hearing Minutes (http://www.calgunlaws.com/images/stories/Docs/tudesko%20-%20minutes.pdf)) Nonetheless, Willows High Principal Mort Geivett told the local School Board that, as a matter of law, it had no choice but to expel Tudesko, and the Board did just that. (See Notice of Expulsion (http://www.calgunlaws.com/images/stories/Docs/tudesko%20-%20olmos%20letter.pdf))

Tudesko appealed the local school districtís expulsion order to the Glenn County Board of Education. The appeal hearing was held on January 19, 2010. Tudesko was defended by civil rights lawyers Chuck Michel and Hillary Green of the Long Beach-based law firm of Michel & Associates, P.C. (www.michellawyers.com (http://michellawyers.com/))(Read the Brief in Support of Appeal filed by Michel & Associates, P.C (http://www.calgunlaws.com/images/stories/Docs/tudesko%20brief%20-%20final.pdf).)

In a dramatic victory, the Glenn County Board of Education unanimously reversed the decision of the Willows Unified School District and Principal Mort Geivett reinstated Gary Tudesko at Willows High School!

This was a great victory for law-abiding gun-owners - particularly young adults who wish to enjoy their rights - over nonsensical "zero-tolerance" policies.

Disturbingly, Geivett claimed the school had jurisdiction over students traveling to and from school, as well as students off-campus during lunch, and that the school had jurisdiction over off-campus vehicles because students could not possess firearms within 1,000 feet of campus. But Geivett confused the Penal Code with the Education Code. With a number of exceptions, it is a potential criminal violation of the Penal Code, specifically the Gun Free School Zone law, to knowingly possess a gun within 1,000 feet of a school. But that law has nothing to do with the sections of the Education Code generally prohibiting possession of firearms on school grounds Tudesko was charged with violating. (See Education Code sections Tudesko allegedly violated (http://www.calgunlaws.com/images/stories/Docs/tudesko%20-%20school%20codes.pdf)).

Tudeskoís truck was parked off school grounds, and Gary was not traveling to or from school at the time of the search of the off-campus truck. He was in class. Moreover, schools do not enforce criminal/penal statutes like the Gun Free School Zone law, the District Attorney does. And, the District Attorney and Willows Chief of Police had already stated there would be no charges filed against Tudesko, likely because there was no intent to violate the law.

Legal issues aside, Tudesko was in this position because of a short-sighted bureaucratic approach to enforcing the schoolís "zero tolerance" policy toward firearms, which is in many cases misapplied. (See Zero Tolerance Memo from Department of Education (http://www.cde.ca.gov/ls/ss/se/zerotolerance.asp)). Time and again these policies have resulted in a triumph of irrational political correctness over common sense and justice. Given that Tudesko had gone duck hunting that same morning with friends (hence the two shotguns), had bird-shot loads as ammunition, had both firearms unloaded, had intentionally parked off-campus to avoid any issues, and had several people who corroborated his story, school administrators should have acknowledged that the circumstances did not warrant expulsion. (See Administrator Discretion for Expulsions.) (http://www.cde.ca.gov/ls/ss/se/expulsionrecomm.asp)
Seventeen years ago the NRA and CRPA joined forces to fight local gun bans being written and pushed in California by the gun ban lobby. Their coordinated efforts became the NRA/CRPA "Local Ordinance Project" (LOP) - a statewide campaign to fight ill conceived local efforts at gun control and educate politicians about available programs that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners. The NRA/CRPA LOP has had tremendous success in beating back most of these anti-self-defense proposals

In addition to fighting local gun bans, for decades the NRA has been litigating dozens of cases in California courts to promote the right to self-defense and the 2nd Amendment. In the post Heller and McDonald legal environment, NRA and CRPA Foundation have formed the NRA/CRPA Foundation Legal Action Project (LAP), a joint venture to pro-actively strike down ill-conceived gun control laws and ordinances and advance the rights of firearms owners, specifically in California. Sometimes, success is more likely when LAP's litigation efforts are kept low profile, so the details of every lawsuit are not always released. To see a partial list of the LAP's recent accomplishments, or to contribute to the NRA or to the NRA/CRPAF LAP and support this and similar Second Amendment cases, visit www.nraila.com (http://www.nraila.com)and www.crpafoundation.org (http://www.crpafoundation.org).

02-18-2011, 9:22 PM
Nice! With all the recent press of victories for and on the behalf of gun owners, it would appear more folks should be donating to the efforts of the CRPA...instead of to the others who are constantly panhandling with little result. Good job CRPA!

02-19-2011, 6:26 AM
Zero tolerance = zero intelligence. Education has strayed way too far from its purpose.

This decision is good news; let's hope things are starting to return towards sanity in this country.

However, I fear that's not the case.

02-19-2011, 8:22 AM
It's refreshing to hear about happy endings such as this.

02-19-2011, 1:37 PM
line up sheep nothing to see here.. just do what we say ...

02-20-2011, 4:40 PM
a second reason why im happy i became a lifetime member of the NRA (overturn of CA ammo ban being the first) now lets work on high cap mags being overturned as well :)

02-22-2011, 4:59 PM
I still wanna know where is the civil suit for the illegal search so it won't happen again?

02-22-2011, 11:41 PM
thank god there still is a group of decent LOGICAL Americans who have not become pc'ed

i stand with Gary

04-17-2011, 3:52 AM
now lets work on high cap mags being overturned as well :)

I agree, but first we have to start calling them what they really are "normal capacity mags", not high capacity. Then we start using language that will make people feel more sympathetic to us like terminology such as re-legalizing normal capacity mags and not overturning high capacity gun laws, the end result will still be the same:rolleyes:. And we need to educate as many pro 2A supporters as we can to start doing these simple things.