Carrying at a church that also has a school

[Wrangler]

I got into a discussion tonight with a friend and we couldnt figure it out. So I thought I would ask smarter people than me. If you go to a church on a Sunday that either has a k-12 school during the week or a church that meets at a public school, can you carry there on sundays? I would assume not but I am not sure. Anybody know the answer?

[MudBugjr]

I would say if the school is private and in the church you would be o.k. If your church service is held in a public school then no. The sign on the door doesn't say no weapons during school hours but no on the property. I might be wrong but thats my 2 cents

[mousegunner]

These days it seems wise to carry in church, whatever your location.

[Guest kingtone]

i know of a guy who was arrested because he was carrying at a large stadium venue on a saturday. He STUPIDLY showed his gun to a friend who was asking about it... that friend was talking about the gun to one of the promoters, who reported him to the police.

The reason... the stadium was owned by a school and on school property.

This guys mistake... TALKING about and SHOWING his gun.

my thoughts are... officially you probably shouldnt...

but conceal that thing... and if anything goes down, hope the safe harbor law protects you. Without the rhetoric... id rather be alive and have to deal with an arrest etc than be dead or see someone i love in harms way.

But i would love to hear from someone more knowledgeable in the finer points.

[Fallguy]

This has been discussed before here, but since it is over a year old, I'll let this thread continue.

The short answer is NO.

A school is a school 24/7. It also doesn't matter if the school is private or not. The law just says schools, it doesn't distinguish between public and private.

[Guest Astra900]

This has been discussed before here, but since it is over a year old, I'll let this thread continue.

The short answer is NO.

A school is a school 24/7. It also doesn't matter if the school is private or not. The law just says schools, it doesn't distinguish between public and private.

Well if a school is a school, I imagine some attorney could say that any church that has a sunday school program for the kids while regular worship service is conducted for the adults...........? I dunno about other churches but the one I grew up in had all the kids in a makeshift classroom to both educate them on their level, and give the adults a little freedom for a more mature service. Well? That's a school technically. I bet a Kalifornia lawyer could make it stick?

[Fallguy]

Well if a school is a school, I imagine some attorney could say that any church that has a sunday school program for the kids while regular worship service is conducted for the adults...........? I dunno about other churches but the one I grew up in had all the kids in a makeshift classroom to both educate them on their level, and give the adults a little freedom for a more mature service. Well? That's a school technically. I bet a Kalifornia lawyer could make it stick?

Actually technically that wouldn't be a school, unless they had the proper documentation etc... from the State Dept of Education. Just because "teaching and/or instruction" goes on someplace doesn't make it a "school" by law.

What is I meant is...President XYZ High School, is off limits 24/7 even if there are no students, there is a county wide yard sale going on or whatever. That as far as 39-17-1309 goes, it is still a school.

[Oh Shoot]

....my thoughts are... officially you probably shouldnt...but conceal that thing... and if anything goes down, hope the safe harbor law protects you. ..

What is this Safe Harbor Law of which you speak?

- OS

[Fallguy]

What is this Safe Harbor Law of which you speak?

- OS

I believe he means

39-17-1322 Defenses

A person shall not be charged with or convicted of a violation under this part if the person possessed, displayed or employed a handgun in justifiable self-defense or in justifiable defense of another during the commission of a crime in which that person or the other person defended was a victim.

Which is basically saying you can not be charged or convicted of any 39-17-13XX law (which includes all off-limits places) if you used your gun in self-defense.

Just a note...there is a court case that basically renders the "charged" part useless if the officer does want to charge you. The court ruled that since the law mentions being conivicted...you could/would obviously have to be charged first. The court also said that "justifiable self-defense" is something to be determined at trial and not by a judge at a pre-trial hearing.

[Oh Shoot]

I believe he means (39-17-1322) ...

Ah so.

Prolly right, was thinking he meant some other part of TCA.

- OS

[bteague2]

If the church and school aren't the same building you should be fine.

[Fallguy]

If the church and school aren't the same building you should be fine.

The law actually says you can't carry anywhere on campus, not just the school building.

[bteague2]

The law actually says you can't carry anywhere on campus, not just the school building.

I know my church "shares" a lot with a school. It has its own building, has it's own parking area, and is legally a seperate organization.

[Fallguy]

I know my church "shares" a lot with a school. It has its own building, has it's own parking area, and is legally a seperate organization.

I would say that is different then, than if a church runs a school or if there is a chruch on the campus of a school.

[Guest kingtone]

I believe he means

Which is basically saying you can not be charged or convicted of any 39-17-13XX law (which includes all off-limits places) if you used your gun in self-defense.

Just a note...there is a court case that basically renders the "charged" part useless if the officer does want to charge you. The court ruled that since the law mentions being conivicted...you could/would obviously have to be charged first. The court also said that "justifiable self-defense" is something to be determined at trial and not by a judge at a pre-trial hearing.

yes. thanks.. that was the only name i knew it under. i was informed of this by my HCP instructor.. he referred to it as the safe harbour law.. or loophole.. or ammendment.. or .. i dunno... something like that. Forgive my limited terminology. Still getting my head around it all.

[Fallguy]

yes. thanks.. that was the only name i knew it under. i was informed of this by my HCP instructor.. he referred to it as the safe harbour law.. or loophole.. or ammendment.. or .. i dunno... something like that. Forgive my limited terminology. Still getting my head around it all.

NP...I had heard it refered to that before, that is how I knew what you were talking about.