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North Texas school district will let teachers carry guns

Started by Lloyd Danforth, August 16, 2008, 07:05 AM NHFT

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Puke

It's a start. I doubt they'll be able to keep them though.
This will likely cause an outrage in the retarded liberal population.

John Edward Mercier

That depends.
The restriction on firearms is largely contractual in this case. If the employers (populous) of the teachers wishes to restrict them from doing so while at work... the teacher either accepts the contractual restriction or not.
The employers may have determined that by openly arming the teachers, they can save money on a specialized security force to protect their children.

J’raxis 270145

Quote from: John Edward Mercier on August 16, 2008, 11:52 AM NHFT
That depends.
The restriction on firearms is largely contractual in this case. If the employers (populous) of the teachers wishes to restrict them from doing so while at work... the teacher either accepts the contractual restriction or not.
The employers may have determined that by openly arming the teachers, they can save money on a specialized security force to protect their children.

These are public schools (i.e., State property), correct? I don't know about Texas, but at least in New Hampshire, no one on State property can attempt to enforce such a restriction, contractual or otherwise. You'd have to change the law here in order to create such a restriction.

Sam A. Robrin

Given my experience with teachers (even in private schools), the real worry is the same as with police carrying guns when the citizens aren't permitted to. 
Just imagine:  "I saw you throw that eraser!"  BANG!  "Your shirt's not tucked in!"  POW!  "You misspelled 'receive' again!"  RATTATTATTATTATTAT!

John Edward Mercier

Public Schools in NH are owned by the municipalities.

PattyLee loves dogs

QuotePublic Schools in NH are owned by the municipalities.

But run by the State Courts, Mr. Anderson  :glasses7:

J’raxis 270145

Quote from: John Edward Mercier on August 16, 2008, 02:04 PM NHFT
Public Schools in NH are owned by the municipalities.

To which New Hampshire's preëmption law applies. "Municipalities" are merely subdivisions of the State. In fact, I believe the original intent of the preëmption law was specifically to prevent municipalities from restricting carry on their property (e.g., city parks, town offices).

KBCraig

Texas law starts by saying that no one can carry a handgun on or about their person, period. Then it lists some exceptions, such as on or in property you own or control, peace officers, traveling (which isn't defined), while engaged in sporting activity commonly requiring use of a handgun, etc., as well as having a Concealed Handgun License.

The CHL law then lists a number of places that are off limits. Among them are schools (again, undefined), unless the person has permission.

This new policy just gives permission to staff who have CHLs and a couple of other training courses. Any school board in Texas could do the same thing by quietly modifying their policy to say that their weapons ban doesn't apply to anyone lawfully carrying a firearm.

There's also the whole unconstitutional federal Gun Free School Zones Act, but a Texas CHL makes one exempt from that (but only in Texas, and only for Texas residents). Because the NH Revolver & Pistol License doesn't require a background check, it doesn't get an exemption from the GFSZA.

J’raxis 270145

Quote from: KBCraig on August 16, 2008, 07:24 PM NHFT
There's also the whole unconstitutional federal Gun Free School Zones Act, but a Texas CHL makes one exempt from that (but only in Texas, and only for Texas residents). Because the NH Revolver & Pistol License doesn't require a background check, it doesn't get an exemption from the GFSZA.

They do do some sort of background check, but I think it's entirely up to the discretion of the issuing police department. (They require references to be listed on the form; some people have had all three contacted, while others, none.)

John Edward Mercier

Quote from: J'raxis 270145 on August 16, 2008, 02:40 PM NHFT
Quote from: John Edward Mercier on August 16, 2008, 02:04 PM NHFT
Public Schools in NH are owned by the municipalities.

To which New Hampshire's preëmption law applies. "Municipalities" are merely subdivisions of the State. In fact, I believe the original intent of the preëmption law was specifically to prevent municipalities from restricting carry on their property (e.g., city parks, town offices).
Contracts are not municipal ordinance. In fact, the group responsible for the teacher's contract (school board) has no authority under municipal charter to make ordinance.
The preemption law would not stop you as an individual from entering the school... but would still be enforced by contract.
Violation of contract is grounds for immediate termination and possible litigation... much the same as violation of any other contract. You have to remember this wouldn't be a criminal matter... simply a contractual violation.

Pat McCotter

Quote from: KBCraig on August 16, 2008, 07:24 PM NHFT
There's also the whole unconstitutional federal Gun Free School Zones Act, but a Texas CHL makes one exempt from that (but only in Texas, and only for Texas residents). Because the NH Revolver & Pistol License doesn't require a background check, it doesn't get an exemption from the GFSZA.


??? No exception to GFSZA? Does that mean NH license holders cannot carry in schools? ??? Is there something I don't understand about the phrase "doesn't get an exemption?"

Free libertarian

Right to bearing arms? Shall not be infringed? Seems pretty straight forward to me.


Back in  the 1970s in NH, some of us students used to go deer hunting before school and would leave the guns in our car in the school parking lot, nobody thought anything of it then.

KBCraig

Quote from: Pat McCotter on August 17, 2008, 06:10 AM NHFT
Quote from: KBCraig on August 16, 2008, 07:24 PM NHFT
There's also the whole unconstitutional federal Gun Free School Zones Act, but a Texas CHL makes one exempt from that (but only in Texas, and only for Texas residents). Because the NH Revolver & Pistol License doesn't require a background check, it doesn't get an exemption from the GFSZA.


??? No exception to GFSZA? Does that mean NH license holders cannot carry in schools? ??? Is there something I don't understand about the phrase "doesn't get an exemption?"

By federal law, no, NH license holders can't carry in schools.

Feel free to ignore it; the rest of the world does, because they don't prosecute it. After the 1991 version was overturned by the supreme court, a barely-modified version was passed in 1995. It wouldn't survive a challenge either, which is why it's not used. Maybe if a three-time felon was caught with a gun while dealing crack to kindergarteners in the school hallway, it would be used as an add-on charge.

J’raxis 270145

Quote from: KBCraig on August 17, 2008, 08:45 AM NHFT
Quote from: Pat McCotter on August 17, 2008, 06:10 AM NHFT
Quote from: KBCraig on August 16, 2008, 07:24 PM NHFT
There's also the whole unconstitutional federal Gun Free School Zones Act, but a Texas CHL makes one exempt from that (but only in Texas, and only for Texas residents). Because the NH Revolver & Pistol License doesn't require a background check, it doesn't get an exemption from the GFSZA.


??? No exception to GFSZA? Does that mean NH license holders cannot carry in schools? ??? Is there something I don't understand about the phrase "doesn't get an exemption?"

By federal law, no, NH license holders can't carry in schools.

Feel free to ignore it; the rest of the world does, because they don't prosecute it. After the 1991 version was overturned by the supreme court, a barely-modified version was passed in 1995. It wouldn't survive a challenge either, which is why it's not used. Maybe if a three-time felon was caught with a gun while dealing crack to kindergarteners in the school hallway, it would be used as an add-on charge.

I believe the charge gets used as a threat to induce plea bargaining, but that's about it.