QuestionQUESTION: Hello from Lake Havasu. I hope you will be able to clarify a situation & match it up with what I've already read. ||
In AZ I open carry and CCW & follow the laws. Recently I was helping my son's school band wrap packages outside of KMart. Out of courtesy I was *not* carrying at all. However, one of the other parents stopped me and said he "wanted to make sure (I) didn't have (my) piece". He contends that one can't carry at a 'School Event'. I know I can't carry in ANY fashion on School Grounds. However, from everything I've read, the only state that specifically prohibits carrying at an offsite 'school event' is Wyoming. ||
Further, since the Band Boosters' club (who sponsors the gift wrapping) is a private entity working without a permit on someone else's property (just a verbal agreement to allow them to work for donations), it's my understanding they have no Standing to prohibit anything.||
Here's where I obtained SOME of my info:
1. http://dmfirearmsacademy.com/azconcealedcarryrestrictions.htm
2. www.azleg.gov/.Constitution.asp
3. www.azleg.state.ez.us/ArizonaRevisedStatues.asp ||
If you could point me towards further readings or even just give me your opinion, I would appreciate it.
ANSWER: Scott,
You are quite correct. Arizona law prohibiting concealed carry on school property only extends to school property. It does not extend to school events. You are perfectly legal to carry in the situation you described.
The other parent has a lot of nerve asking you a personal question like that. It would be like asking what kind of underwear you were wearing. Frankly, it is NONE of his business and I probably would have told him so.
One thing I would suggest is that no one should ever know if you are carrying or not. If a family member knows you are, they should be coached that they should never say anything in public. It could compromise your security and also negate any tactical advantage you might have from being concealed. Similarly, I do not let my friends know that I carry either.
That all said, I would never let what someone else thought affect my decision regarding whether I should carry or not. The fact that they may choose to leave themselves open to force or intimidation by some lowlife doesn't mean that I will do the same.
Best regards in this holiday season...
Doug
---------- FOLLOW-UP ----------
Anti 2nd amendment let
QUESTION: Hello. Thank you for your reply. Unfortunately, the gentleman involved has taken it to the next level. First, he reported me to the head of the Band Parents' group. From there, it went on to the Vice Principal. He wrote me a nastygram that REALLY has my blood boiling.
Would you please review the letter (also posted online) and give me your opinion?
Thank you!!
Scott Ellenwood, LHC, AZ
Letter: http://viewmorepics.myspace.com/index.cfm?fuseaction=viewImage&friendID=27651880
AnswerHi Scott,
Welcome to the world that we will likely be living in for the next four years at least. The vice principal of your school apparently has decided that the 'discomfort' that some of the parents experience at the thought of you having a gun on your person are more important than your constitutional right to defend yourself and your child from the actions of a violent criminal.
Unfortunately, this is pretty typical in our society. People don't like to be reminded that the world is not the safe, happy place that they think it is. Frankly, even police officers make these types of people nervous. It is also unfortunate that you have now been categorized as the 'gun guy', so everyone will be looking to see if you are armed or not.
According to Arizona state law, as a permit holder, you are licensed to carry a concealed weapon in Arizona in any place where it is legal for you to have a firearm. A letter from a 'vice principal' of a school cannot change state law, even though he may not like it. Despite what his letter says, he is threatening you with 'police action' for exercising your lawful right.
As long as you are not in a location where firearms are prohibited, the police will talk to you, ask to see your permit and ask if you were doing anything improper. If the answer is "no", they have no legal right to ask you to leave or take any other action against you. This right is guaranteed to you in the 4th Amendment to the Constitution. So actually, your friend the vice principal is trying to take away both your 2nd and 4th Amendment rights. Theoretically, you can also throw the 1st Amendment in too since it guarantees you the right to 'peaceably assemble'.
Frankly, I'd write my own letter to the superintendent of the school district citing Arizona law and ask if he thinks it is appropriate for one of his employee to 'threaten you with improper police action' for exercising your constitutional rights under both the Arizona State Constitution and the US Constitution. You might also wish to send a copy of your letter to the office of the Arizona Attorney General and your State Senator, Ron Gould. Ron has an A+ rating from the NRA in terms of his support for firearms legislation. He is also a member of the Senate Education Committee.
Here is a link to his member page:
http://www.azleg.state.az.us/MembersPage.asp?Member_ID=73&Legislature=48
Here is the link to the Attorney General's page:
http://www.azag.gov/
If you like to discuss things further, please feel free to drop me a private email at:
[email protected]
Just be sure and remove the 'nospam' from the address before trying to email me.
Good luck,
Doug
