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Open carry question, believe it or not.

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  • pullnshoot25
    Banned
    • Mar 2007
    • 8068

    Open carry question, believe it or not.

    So there is an area I want to carry in, but there is a preschool in the near vicinity. As far as I can see, the law states K-12 is the big issue. Would carrying near a preschool be stretching it or am I clear to go?
  • #2
    gir007
    Senior Member
    • Mar 2008
    • 589

    Dude I was wondering the same thing.
    The govt is like aids, it kills you slowly inside.

    Comment

    • #3
      Deadred7o7
      Senior Member
      • Dec 2007
      • 620

      Did one of them take your milk money?
      "Do you care about freedom? Dreams may have inspired it, and wishes prompted it, but only war and weapons have made it yours." Jeff Cooper

      Order of the Brethren of Canary Asses #19

      Comment

      • #4
        pullnshoot25
        Banned
        • Mar 2007
        • 8068

        Originally posted by Deadred7o7
        Did one of them take your milk money?
        HAHAAHAHAHA.

        No, I just have the opportunity to carry but I need to stay inside the law. I guess I will review the codes again...

        Comment

        • #5
          pullnshoot25
          Banned
          • Mar 2007
          • 8068

          It would appear that since preschool is not a required school that it is not covered under the law (e.g. Kindergarten is mandatory, but preschool comes out of the pockets of the parents.) Same applies for Sylvan learning centers, etc.

          Comment

          • #6
            1911su16b870
            CGN/CGSSA Contributor
            CGN Contributor
            • Dec 2006
            • 7654

            No IMO do not carry within 1000-ft of any preschool or youth center.
            "Bruen, the Bruen opinion, I believe, discarded the intermediate scrutiny test that I also thought was not very useful; and has, instead, replaced it with a text history and tradition test." Judge Benitez 12-12-2022

            NRA Endowment Life Member, CRPA Life Member
            GLOCK (Gen 1-5, G42/43), Colt AR15/M16/M4, Sig P320, Sig P365, Beretta 90 series, Remington 870, HK UMP Factory Armorer
            Remington Nylon, 1911, HK, Ruger, Hudson H9 Armorer, just for fun!
            I instruct it if you shoot it.

            Comment

            • #7
              joeyriv
              Member
              • May 2008
              • 336

              Just wondering as to why not. The law seems to pretty clearly state the K - 12 requirement. If someone can explain the PC or any relevant case better, I'm sure we'd all appreciate it.
              For those who fight for it, Freedom has a flavor the Protected will never know.

              Comment

              • #8
                MudCamper
                Veteran Member
                • Mar 2007
                • 4595

                From the PC:
                (e) As used in this section, the following definitions shall
                apply:
                (1) "School zone" means an area in, or on the grounds of, a public
                or private school providing instruction in kindergarten or grades 1
                to 12, inclusive, or within a distance of 1,000 feet from the
                grounds of the public or private school.

                It is K-12. Preschool is not included in the definition of "school zone". It's perfectly clear.

                Comment

                • #9
                  MudCamper
                  Veteran Member
                  • Mar 2007
                  • 4595

                  Originally posted by 1911su16b870
                  No IMO do not carry within 1000-ft of any preschool or youth center.
                  Perhaps you are confusing 626.95 with 626.9.

                  626.95 is a sentance enhancement for 12025 and 12031 (and other violations) if you are on the grounds of a playground or youth center.

                  Comment

                  • #10
                    Sam .223
                    Senior Member
                    • Mar 2008
                    • 1576

                    even though its not mentioned i'd probably not carry around any school type areas. if an officer sees you he'll more than likely arrest you and then you'll have to get everything settled through the court, even though you'll technically be in compliance with the law.
                    5.56: reach out and touch someone.
                    458 SOCOM: reach out and knock someone down.

                    Comment

                    • #11
                      MudCamper
                      Veteran Member
                      • Mar 2007
                      • 4595

                      Originally posted by Sam .223
                      even though its not mentioned i'd probably not carry around any school type areas. if an officer sees you he'll more than likely arrest you and then you'll have to get everything settled through the court, even though you'll technically be in compliance with the law.
                      Why does everybody assume that all cops are always going to make false arrests. Sure it might happen, but is it the norm? And has anyone ever even been charged with 626.9 ever?

                      Comment

                      • #12
                        Rob454
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Feb 2006
                        • 11254

                        Afraid a gang of preschoolers out for mayhem are gonna go on a rampage?
                        LOl
                        Seriously I dont know but I think I read that no guns near schools.

                        Comment

                        • #13
                          pullnshoot25
                          Banned
                          • Mar 2007
                          • 8068

                          Originally posted by Rob454
                          Afraid a gang of preschoolers out for mayhem are gonna go on a rampage?
                          LOl
                          Seriously I dont know but I think I read that no guns near schools.
                          No guns near government owned and operated schools. Preschools are private entities and are therefore not subject to the law.

                          Have you seen little kids lately? They scare the hell outta me!!!!

                          I will let everyone know how it goes tomorrow. I am starting a blog and I will post the link when I have stuff worthy of your eyes posted up on it.

                          -N8

                          Comment

                          • #14
                            MudCamper
                            Veteran Member
                            • Mar 2007
                            • 4595

                            Has nothing to do with government or not. Go back and read my direct copy from the PC. Includes "private" K-12 schools. Does NOT include preschools.

                            Comment

                            • #15
                              jazman
                              Senior Member
                              • Apr 2008
                              • 2140

                              Isn't kindergarten by definition pre-school, i.e. not grades 1-12, so this definition may include pre-schools:

                              (1) "School zone" means an area in, or on the grounds of, a public
                              or private school providing instruction in kindergarten or grades 1
                              to 12, inclusive, or within a distance of 1,000 feet from the
                              grounds of the public or private school.

                              I wonder if a school security law officer is going to be willing to determine if his definition or yours is correct...and if he decides not to I would think he'll ask a judge to do so.
                              What is the penalty for OC in a school zone, is it a felony offence that could end your gun carrying/owning days forever, and if so would it be worth it?
                              Originally posted by Kestryll
                              You're boned.
                              _________________________________

                              If you're gonna be a bear, be a Grizzly.

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