Churches with Schools

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cmhbob

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Discovered today that a church here in town has a K-12 school on premises. The school and the church are all one building.

I was at the church a couple of months ago for a concert, carrying then. I'm assuming that was a bad thing, given the school?

I really need to get my OK permit (carrying on a non-resident PA permit at the moment)...
 

dieseltech09

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TITLE 21 § 1277 UNLAWFUL CARRY IN CERTAIN PLACES
A. It shall be unlawful for any person in possession of a valid concealed handgun license issued pursuant to
the provisions of the Oklahoma Self-Defense Act to carry any concealed handgun into any of the following
places:
1. Any structure, building, or office space which is owned or leased by a city, town, county, state, or
federal governmental authority for the purpose of conducting business with the public;
2. Any meeting of any city, town, county, state or federal officials, school board members, legislative
members, or any other elected or appointed officials;
3. Any prison, jail, detention facility or any facility used to process, hold, or house arrested persons,
prisoners or persons alleged delinquent or adjudicated delinquent;
4. Any elementary or secondary school;
5. Any sports arena during a professional sporting event;
6. Any place where pari-mutuel wagering is authorized by law; and
7. Any other place specifically prohibited by law.
 

cmhbob

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Dieseltech, as I was discussing this with my wife, she said the same thing. I said I thought a prosecutor would see it differently, but a defense attorney would probably agree with her. I'd hate to be a test case though.

I think the same thing as you and my wife. If I stay out of the school side, especially during a time when no educational process is going on, it shouldn't matter.
 

hrdware

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Dieseltech, as I was discussing this with my wife, she said the same thing. I said I thought a prosecutor would see it differently, but a defense attorney would probably agree with her. I'd hate to be a test case though.

I think the same thing as you and my wife. If I stay out of the school side, especially during a time when no educational process is going on, it shouldn't matter.

During the House Interim Study last year, one of the participants was Professor O'Shea, a law professor at Oklahoma City University. He addressed this very topic. Since the school is on the church property, you would be in violation as soon as you got out of your car. It would not matter that you didn't enter the school portion of the building, the area around the school is prohibited except for dropping off or picking up students.
 

abajaj11

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During the House Interim Study last year, one of the participants was Professor O'Shea, a law professor at Oklahoma City University. He addressed this very topic. Since the school is on the church property, you would be in violation as soon as you got out of your car. It would not matter that you didn't enter the school portion of the building, the area around the school is prohibited except for dropping off or picking up students.
Thanks for the info.
Not sure if opinion from a law professor is final or binding (we have one in the white house telling the supreme court what they can and cannot do). . there may actually be legal precedent here if someone were to look for it.
and what do they mean by the "area round the school"? does that include the whole church? The primary purpose of the rest of the church is to be a church, and only a small area is designated k-12.
Say a large employer has a k-12 school on its campus as well, but it occupies a very small portion of the campus. So does that mean the entire corporate campus is out of bounds for leaving a firearm in your parked car and stepping out? doesn;t seem reasonable at all.
If it were the case, all a large employer would have to do to ensure no law abiding citizens could leave firearms in their cars, would be to set up a small school for the kids of their employees somewhere on their campus. and what about first time visitors to the corporate campus? Are they expected to know if there is a tiny school somewhere on campus?
 
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electriccowboy

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I am more then likely wrong on this. But I always took it this way. When there are school functions being held, its a school.
When there is church services and function going on it's a church. I went to my ccw class on church property with church people.
That church does the school thing during the week. When asked about this, the instructor answered as I have. what function is being held? Church or School?
 

bulbboy

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I'm in the same situation. I've asked before and the answer I received (just an officer's opinion) that when it was during school hours - its a school. Church functions - its a church. But only because the church owns our building. He told me he thought if the school owned the building and we held church there - it was a no go even on Sundays with no school - because of who owned the building. Just his opinion
 

jcizzle

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What about home school? Or in the case of my daughter. She takes part in a publicly funded online school. When she's doing school online in my home, is it a school?

I know that's a long shot, but if a prosecutor or politician is pushing an agenda, you never know. That's the bad thing about any law. It can't take every circumstance into account.
 

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