Arizona CCW on school grounds

Question
I am an Arizona CCW permit holder.  Due to recent events I have begun researching the laws concerning carrying weapons on school grounds.  Despite what both the AZ and Federal laws state, the consensus seems to be that carrying a weapon on school grounds is not allowed, even if you have a permit.  I have seen this interpretation on various web sites, and my CCW instructor stated this.  The law, however, explicitly states that permit holders CAN carry on school grounds.  Here is the actual verbiage from the state statute:

A. A person commits misconduct involving weapons by knowingly:
12. Possessing a deadly weapon on school grounds;
C. Subsection A, paragraphs 1, 2, 3, 7, 10, 11, 12 and 13 of this section shall not apply to:
4. A person specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States.

The federal law contains almost the same wording.  Is there some other law or reference that contradicts this?  If so, please refer me to the appropriate regulation.

Answer
Brian,

I saw your follow up and appreciate your willingness to drill down on this.  I did some additional research and found some information on the AZ Department of Public Safety web site.  Here is the exact text of what they published there on the issue of carrying on school grounds.

Question:  I have a CCW permit. Can I carry my handgun on school grounds while picking up my child?

Answer:  Conditionally. If you remain in your vehicle and the handgun is unloaded before entering school grounds, yes. If you have to exit your vehicle while picking up your child, the handgun must be unloaded (as above) and secured (locked) within the vehicle out of plain view. Use caution if you must exit the vehicle with a handgun (or any weapon) to secure it in the trunk of your vehicle. Others may see you and not understand your intention.

Additionally, designated employees of a school may order a person off of school property if that person is believed to be interfering with school operations. School boards may also enact specific and more restrictive rules governing firearms and deadly weapons on school grounds. Determine what the rules of a school are before attempting to enter school grounds with a firearm. (ARS 13-3102.A.12, 13-3102.I and ARS 13-2911)

There is clearly a lot of 'fuzz' around this issue, but again I would strongly advise against carrying a firearm on to school grounds, except as provided for above.  In the current climate, particularly after the VA Tech shootings, school officials and law enforcement are likely to take a particularly dim view of even law abiding citizens carrying a firearm on school property.

If you find any more info on the federal law, please let me know.

Regards,

Doug


Brian,

Before answering your question, I have to issue the 'standard disclaimer'.  Since I am not an attorney licensed to practice law in Arizona.  I cannot give you 'legal advice'.  I am only stating my opinion based on my understanding of the law.  To get an authoritative answer, you need to secure legal counsel and get their advice.

To answer your question...indeed the law reads exactly as you quoted in your question.  The key issue is what is meant by the language in Subsection C of Section 15 of ARS 13-3102.  

My understanding is that when the law refers to a person "specifically licensed, authorized or permitted pursuant to a statute of this state or of the United States"  it is NOT referring to a CCW permit holder.  

If this were the case, as a permit holder you could legally possess a defaced deadly weapon, ignore the request of an operator of a public establishment to remove yourself and your weapon, enter polls on election day carrying a weapon and go on school grounds in possession of a deadly weapon, all of which are violations of the law.

Unfortunately, the specific section you quote is not clear on what they mean by 'licensed, authorized or permitted'.  I would suggest that there is probably a body of 'case law' that clarifies that this section does NOT refer to CCW Permit holders.

The only specific exception that I know about for carry on school grounds is that AZ law does permit you to transit school property without exiting your vehicle for the purpose of picking up or dropping off someone at the school.  If you have to exit your vehicle, there is a specific statute that state you must leave your unloaded firearm locked in your vehicle and it cannot be visible from outside the vehicle.

Also, there is a federal law on the books, specifically, 20 U.S.C.?8921 which prohibits a student or other person from carrying a deadly weapon on school grounds.  Most states have laws on the books that either support or reference this specific federal law.

I hope this clarifies somewhat...again, if you really want to drill down on this, you can talk to an attorney, but my suggestion is that you might not want to 'test' this. You might place yourself at risk of criminal prosecution.

I hope this helps to clarify...

Stay safe,

Doug