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California and school legal knives

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  • #16
    TrappedinCalifornia
    Calguns Addict
    • Jan 2018
    • 8735

    Originally posted by Quiet
    CA legal to possess a knife with a non-locking blade that has a length of less than 2.5" on school and college/university property.
    ^Exemptions to this for school/college/university employees and students that require it for training/class work...
    California legal, but not necessarily exempt from the California Education Code... California Code, Education Code - EDC 48915...

    (a)(1) Except as provided in subdivisions (c) and (e), the principal or the superintendent of schools shall recommend the expulsion of a pupil for any of the following acts committed at school or at a school activity off school grounds, unless the principal or superintendent determines that expulsion should not be recommended under the circumstances or that an alternative means of correction would address the conduct...

    (B) Possession of any knife or other dangerous object of no reasonable use to the pupil...

    (c) The principal or superintendent of schools shall immediately suspend, pursuant to Section 48911, and shall recommend expulsion of a pupil that he or she determines has committed any of the following acts at school or at a school activity off school grounds:
    (1) Possessing, selling, or otherwise furnishing a firearm. This subdivision does not apply to an act of possessing a firearm if the pupil had obtained prior written permission to possess the firearm from a certificated school employee, which is concurred in by the principal or the designee of the principal. This subdivision applies to an act of possessing a firearm only if the possession is verified by an employee of a school district. The act of possessing an imitation firearm, as defined in subdivision (m) of Section 48900, is not an offense for which suspension or expulsion is mandatory pursuant to this subdivision and subdivision (d), but it is an offense for which suspension, or expulsion pursuant to subdivision (e), may be imposed.

    (2) Brandishing a knife at another person...

    (g) As used in this section, "knife" means any dirk, dagger, or other weapon with a fixed, sharpened blade fitted primarily for stabbing, a weapon with a blade fitted primarily for stabbing, a weapon with a blade longer than 3 1/2 inches, a folding knife with a blade that locks into place, or a razor with an unguarded blade...
    I'm not sure what the current standards are as the laws have changed since I looked into it back in the late '80s, but the "law" was one thing, the "education code" was something different. It came up when a teacher (I don't remember if they were a substitute or tenure track) got 'caught' carrying a pistol to school and the police were called. If I remember correctly, they had a CCW so the police couldn't or wouldn't do anything as, at that time, no 'law' was being violated. But, the teacher was still fired due to the 'education code' violation.

    The reason I remember it and looked into it at the time was that it was all over the news and they were indicating a difference in enforceability in terms of the 'law' and the 'education code.' I haven't been a 'student' in over 20 years and that was down in Texas getting my PhD. So, I have no idea where the line now exists between the two codes and their enforceability.

    It's just something to bear in mind; i.e., even if they can't come after you legally, they can come after you or the student via the education code, which, as you can see, is likely more open to interpretation. Well, at least if you are a student or teacher or staff member.

    As for private schools, that too may have changed. I knew an auto shop teacher who worked at a private, Christian school and carried a .38 revolver which everyone knew about. Of course, he also used to lift engine blocks and carry them around the shop 'for fun' (ahem). So, needless to say, no one messed with him. But, no one complained about his being armed either.

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    • #17
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      Originally posted by TrappedinCalifornia
      California legal, but not necessarily exempt from the California Education Code... California Code, Education Code - EDC 48915...



      I'm not sure what the current standards are as the laws have changed since I looked into it back in the late '80s, but the "law" was one thing, the "education code" was something different. It came up when a teacher (I don't remember if they were a substitute or tenure track) got 'caught' carrying a pistol to school and the police were called. If I remember correctly, they had a CCW so the police couldn't or wouldn't do anything as, at that time, no 'law' was being violated. But, the teacher was still fired due to the 'education code' violation.

      The reason I remember it and looked into it at the time was that it was all over the news and they were indicating a difference in enforceability in terms of the 'law' and the 'education code.' I haven't been a 'student' in over 20 years and that was down in Texas getting my PhD. So, I have no idea where the line now exists between the two codes and their enforceability.

      It's just something to bear in mind; i.e., even if they can't come after you legally, they can come after you or the student via the education code, which, as you can see, is likely more open to interpretation. Well, at least if you are a student or teacher or staff member.

      As for private schools, that too may have changed. I knew an auto shop teacher who worked at a private, Christian school and carried a .38 revolver which everyone knew about. Of course, he also used to lift engine blocks and carry them around the shop 'for fun' (ahem). So, needless to say, no one messed with him. But, no one complained about his being armed either.
      Applies to students and employees of schools/college/university, if discovered carrying a school/college/university prohibited item that does not violate CA Penal Code, then no criminal charges but subject to disciplinary action (suspension, expulsion, termination, etc) for violating Education Code or school/college/university policy.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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