Smoothing Ruffled Feathers

[mdkoh]

The pre-school is in a church building. It is not what you would consider a school building. Is it school property no, it is a privately owned piece of property.

[NavyLCDR]

I would like to know this as well.

Was this OC father carrying illegally on school property?

Something just doesn't seem right about this story.

Even if it is a licensed child care facility, the administrative code does not make carrying a firearm illegal there. The operator of the child care facility must prohibit firearms as a condition of their license. If the state discovers that firearms are being allowed on the premises by the licensee, the only thing the state can do is revoke the license.

[tcox4freedom]

The pre-school is in a church building. It is not what you would consider a school building. Is it school property no, it is a privately owned piece of property.

Thanks for the clarification. But, even if this is a privately owned piece of property, the OC still may be in trouble if he carried a loaded weapon into a building that houses a "school".

I've done a little research and it seems your friend could be in trouble. This came of the Handgunlaw.us website; so, I'm not sure how current it is.

Places Off-Limits Even With A Permit/License

Prohibitions on carrying firearms in these venues apply to both open and concealed carry. ...



... The grounds of any school, other than the parking lot. In order to be legal in the parking lot the weapon must be unloaded, and, if left in an unattended vehicle, such vehicle must be locked and the weapon out of sight. ...



... You can take a firearm onto school property if you follow the procedure below.
You are an adult in a vehicle and the firearm is unloaded before entering school grounds. ...

Furthermore, if you must exit your vehicle, the firearm must remain unloaded and be secured (locked) within the vehicle, out of plain view (ARS 13-3102.I.1) Use caution and common sense if you must exit the vehicle with a firearm to secure it in the trunk (avoid causing a potentially serious disturbance)...

...3. "School" means a public or nonpublic kindergarten program, common school or high school.

4. "School grounds" means in, or on the grounds of, a school....

Directly off the AZ cc law site---

13-3102. Misconduct involving weapons; defenses; classification; definitions
....A. A person commits misconduct involving weapons by knowingly:...
L. Misconduct involving weapons under subsection A, paragraph 15 of this section is a class 2 felony. Misconduct involving weapons under subsection A, paragraph 9 or 14 of this section is a class 3 felony. Misconduct involving weapons under subsection A, paragraph 3, 4, 8 or 13 of this section is a class 4 felony. Misconduct involving weapons under subsection A, paragraph 12 of this section is a class 1 misdemeanor unless the violation occurs in connection with conduct that violates section 13-2308, subsection A, paragraph 5, section 13-2312, subsection C, section 13-3409 or section 13-3411, in which case the offense is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (a) of this section or subsection A, paragraph 5, 6 or 7 of this section is a class 6 felony. Misconduct involving weapons under subsection A, paragraph 1, subdivision (b) of this section or subsection A, paragraph 10 or 11 of this section is a class 1 misdemeanor. Misconduct involving weapons under subsection A, paragraph 2 of this section is a class 3 misdemeanor....

M. For the purposes of this section:...

4. "School" means a public or nonpublic kindergarten program, common school or high school.
5. "School grounds" means in, or on the grounds of, a school.

[NavyLCDR]

3. "School" means a public or nonpublic kindergarten program, common school or high school.

Preschool means "pre" + "school". Before kindergarten.

[tcox4freedom]

Even if it is a licensed child care facility, the administrative code does not make carrying a firearm illegal there. The operator of the child care facility must prohibit firearms as a condition of their license. If the state discovers that firearms are being allowed on the premises by the licensee, the only thing the state can do is revoke the license.

Thanks for clearing things up for me a little bit Navy.

I plan on spending a lot of time in AZ in the very near future. I'm getting my non-res permit and I want to be clear on some of their laws.

[mdkoh]

My thanks as well, seems like a real scuzzy thing for the State to do for a privately run pre-school. They sort of throw you over the barrel then tie you down with all "their" restrictions.

At this point water under the bridge and I think we have the problem nipped in the bud. Tcox4freedom, hope you enjoy the state while you are here.