Tuesday, February 27, 2018

Sanctuary State, or Federal Law Nullification?

h/t Kenny

(BFYTW) Pikeville, KY  Teachers could soon be carrying concealed guns inside schools in Pike County under a proposal that was preliminarily approved Monday evening by the Pike County School Board.
The unanimous decision came after the board heard concerns about school safety from teachers, parents and administrators during a town hall meeting at Pike County Central High School. The discussion was prompted by multiple school shootings in recent weeks, including one at Marshall County High School in Western Kentucky that left two dead and another in Florida that left 17 dead.

Read more here: http://www.kentucky.com/news/state/article202341909.html#storylink=cpy

Nothing in the KY statute matters, ultimately.
The germane question is whether this is allowed under the federal law of the Safe Schools Act of 1990.

Love to see info re: the details under that law, from the relevant section of US Code.

If, as I suspect, KY has just voted to become a Sanctuary State for illegal CCW gun-toters, it should amp up the debate about asinine federal laws, and about certain states thinking they can dismiss DC laws willy-nilly.

If not, and it’s allowed, this is a way for all 50 states (or at least, probably about 45 of them) to nullify that jackassical law outright.


Good for KY, either way.

When whacktards get popped by the lunch lady or the school janitor after the first round, even the “crazy” ones will stop going there for free publicity on their suicide, and they can just stay home and kill themselves quietly in their basements, like they used to.


Anonymous said...

Texas has been doing something like this for several years with a "School Marshal" program.

Anonymous said...


Aesop said...

That evades the question.

I don't want them to make teachers into cops, which bastardizes both occupations.
Either legally override the federal law, or vote to ignore it.

Fayette County, Texas said...

The federal GFSZ law does not apply to citizens who are licensed in their home state. State licensees are exempted from the provisions of the GFSZ Act.

The Texas program is a training program operated by the Texas Department of Public Safety. The DPS sets the course criteria and trains the trainers.

The trained school personnel are just better trained citizens and the course emphasizes tactics and conditions in schools. It sort of mirrors the armed airline pilot program.

The teachers are in no way near certified peace officers. They are specially trained teachers.

Fayette County, Texas said...

Pursuant to 18 U.S.C. § 922(q)(2)(B):

[18 U.S.C. § 922(q)(2)(A)] does not apply to the possession of a firearm—

(i) on private property not part of school grounds;

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;,

(iii) that is—

(I) not loaded; and

(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

Aesop said...

Yeah, was just reading that exact section of US Code.

State firearms licensees are already exempted from the GFSZ Act, by federal black-letter law.

So the "new" laws change nothing.

IOW, they're just grandstanding.

What they need to do is tell anyone with a valid CCW, "the GFSZ law does not (and never has) applied to you."

States that have instituted Constitutional carry (no license) have effectively nullified the entire GFSZ Act, in toto, because all law-abiding citizens not explicitly prohibited are allowed to carry.

Aesop said...

If any state explicitly acts to nullify the jurisdiction of idiot local school boards to prevent this by policy, it's still a good thing.

State law takes precedence over local rules, and pre-empts such leftard meddling in reality.

And it shouldn't be just for teachers, it should be for everyone.
Possession of a teaching credential doesn't make you a better guardian of kids than anyone else working there, nor the parents, nor involved passersby.

Fayette County, Texas said...

I have been notified by a reliable source that during the next Texas legislative session, legislation will be pushed that calls for state preemption and expansion of the armed presence in Texas schools. Current holders of Texas LTC will be included with emphasis given to veterans and retired LEO.

The legislation will be written to not allow any district to opt out because of feelings, fear, or political posturing. Mandatory armed presence.

Anonymous said...