Cody Howard, 17, of Iowa was arrested after a student told school officials that Howard mentioned he had a gun in his vehicle while discussing school shootings
This is all you need to know!
Sounds like he's an idiot!
I will venture a guess that he was arrested under the following statute...
§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
If so, then the arrest was not proper because it would be covered by the exemption at 95.2 C 5...
§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
C. The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
I would like to know the outcome of this.
I'm curious as well. I wonder if this would have helped when I got expelled my junior year for having a knife in my truck.
And no Emperor, I did not tell anybody about the knife. They saw spent shotgun shells in the back of my truck and apparently that gave them cause to search it. They found my knife in my center console.
Expel him for schoolboard policy violation, sure they can do that.
Not to argue with you in particular, but I think that could be challenged as well. Not only under the section I referenced earlier, but also under preemption (40:1796). The exception in 1796 that allows for restrictive laws speaks to "public buildings." Is the parking lot a building? Someone would probably have to sue to settle it.
I will venture a guess that he was arrested under the following statute...
§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
If so, then the arrest was not proper because it would be covered by the exemption at 95.2 C 5...
§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
C. The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
I would like to know the outcome of this.