Here's a complicated legal problem:
I'm helping to develop a security plan and team for our church. Our church operates a private K-12 school on the premises. There are classrooms in the main sanctuary building (which is also the church office), plus several adjacent buildings. The school operates Monday - Friday. I believe the buildings are all officially owned by the church, which operates the school in the buildings during the week, and uses the buildings for worship & Sunday School on Sundays.
My reading of 626.10 suggests that a locking folder on a non-LEO in the worship service is a misdemeanor violation.
626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 2 1/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a
taser, or a stun gun, as defined in subdivision (a) of Section 244.5,
[etc etc], upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
However, if school principal were to direct someone to carry a >2.5" knife as part of a school-sponsored activity (ie security), by my reading of 626.10(c) that would be kosher:
(c) Subdivisions (a) and (b) do not apply to any person who brings or possesses a knife having a blade longer than 2 1/2 inches or a razor with an unguarded blade upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or any private university, state university, or community college at the direction of a faculty member of the private university, state university, or community college, or a certificated or classified employee of the school for use in a private university, state university, community college, or school-sponsored activity or class.
It seems to me quite strange that it would take the school principal to sponsor an activity that takes place when school is not in session, although I suppose some schools may have 24/7 security. The flip side of the argument could be that on Sundays when in church, a person is not upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, since the school is not providing instruction (although the rooms are being used by the church for Sunday School.) So maybe it could be argued that on Sundays it is not a school but a church?
Do you see any traction on either of these approaches?
I'm helping to develop a security plan and team for our church. Our church operates a private K-12 school on the premises. There are classrooms in the main sanctuary building (which is also the church office), plus several adjacent buildings. The school operates Monday - Friday. I believe the buildings are all officially owned by the church, which operates the school in the buildings during the week, and uses the buildings for worship & Sunday School on Sundays.
My reading of 626.10 suggests that a locking folder on a non-LEO in the worship service is a misdemeanor violation.
626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 2 1/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a
taser, or a stun gun, as defined in subdivision (a) of Section 244.5,
[etc etc], upon the grounds of, or within, any
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, is guilty of a public offense,
punishable by imprisonment in a county jail not exceeding one year,
or by imprisonment in the state prison.
However, if school principal were to direct someone to carry a >2.5" knife as part of a school-sponsored activity (ie security), by my reading of 626.10(c) that would be kosher:
(c) Subdivisions (a) and (b) do not apply to any person who brings or possesses a knife having a blade longer than 2 1/2 inches or a razor with an unguarded blade upon the grounds of, or within, a public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, or any private university, state university, or community college at the direction of a faculty member of the private university, state university, or community college, or a certificated or classified employee of the school for use in a private university, state university, community college, or school-sponsored activity or class.
It seems to me quite strange that it would take the school principal to sponsor an activity that takes place when school is not in session, although I suppose some schools may have 24/7 security. The flip side of the argument could be that on Sundays when in church, a person is not upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, since the school is not providing instruction (although the rooms are being used by the church for Sunday School.) So maybe it could be argued that on Sundays it is not a school but a church?
Do you see any traction on either of these approaches?
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