Expelled after hunting...another moronic public school decision

[germag]

Okay,

Was he a student there? Was the truck just passing through the 1000 feet of the school boundaries, which make up the school zone, or was it parked within this zone or outside of it?


California Penal Code Section 626.9 (e)(1)
http://law.onecle.com/california/penal/626.9.html

He may very well have been in violation of the law by having the gun in the truck within 1,000 feet of a school. I don't know. Don't really much care. However, that's for local law enforcement authorities to investigate. If the school authorities had reason to believe a law was being violated, they should have advised the agency that had jurisdiction. It's obvious they overstepped their jurisdiction when they took it upon themselves to search a vehicle that was clearly off campus.

Whether he was actually in violation of ANY laws is really sort of unclear. If you look at this exclusion:

(1) Within a place of residence or place of business or on private
property, if the place of residence, place of business, or private
property is not part of the school grounds and the possession of the
firearm is otherwise lawful.


Then it would sort of depend upon whether California considers your vehicle as an extension of your home, as Georgia does.

 

[jmar28]

Okay,

Was he a student there? Was the truck just passing through the 1000 feet of the school boundaries, which make up the school zone, or was it parked within this zone or outside of it?


California Penal Code Section 626.9 (e)(1)
http://law.onecle.com/california/penal/626.9.html

They said he was parked just a few feet from the schools tennis courts, on the street.

 

[Twenty five ought six]

They said he was parked just a few feet from the schools tennis courts, on the street.

The school board recognized that he may have been in violation of the safety zone law. However, it decided that it was not the place for school officials to enforce criminal laws off campus. Being as they were state agents who did a non-consensual search, there was no way for the police to come behind them and make a case.