HS expels student for shotguns being in his truck *off* school property. Can they really do this?

Per this news items via fark, it seems kind of reaching. Is it really within the power of a school administration to direct that police enter and search a kid’s truck parked off campus on a residential side street, and then use that as grounds to expel the kid for “bringing guns to school”.

Student expelled for having unloaded shotguns in truck

Wow, that’s messed up. Sounds like they have some legal grounds for it.

I’m curious what happens if a student happens to live within 1000 feet of the school. Is a gun in his bedroom during school hours grounds for expulsion?

Sounds like there’s a lot of “believes” going on there as opposed to some black and white rules. If it was a suspension or a warning, fine. But an expulsion is extremely serious in this case since his car was not parked on campus.

I’m curious what kind of problems this school has had if they had sniffin’ dogs working not just the lot but the surrounding area.

All I can think of is that they’re afraid of a school massacre.

Still stupid though. Getting a gun into school is not a massive feat to accomplish.

This is the kind of crap that makes reasonable people want to go on a shooting spree.

Zero Tolerance = Zero thought or practical consideration

“It’s not my fault. I was just following policy.”

[sub]as long as I don’t have to actually think, I can keep my job[/sub]

If mom wants to lawyer-up and spend a few bucks, the school would lose on this one, I think. She maybe ought to contact the NRA and GOA for a little help.

Why bother? I am sure they are contacting her.

I doubt the school would lose. I do not know the particular rule that was violated, but I assume the state has authorized the local school district to pass regulations to assure the safety of students. States (and the schools that act through the power of the states) have broad police powers. There is basically no scrutiny of the laws/regulations.

On what grounds do you think the school would lose?

  1. The kid wasn’t bringing the gun to school nor, in fact, did he.
  2. An unloaded weapon locked in a car off of school property is not a threat to anyone.

I couldn’t agree with you more, and I think the school is on shaky legal grounds in this particular case.

But if I were the kid, or the parents of the kid, I think it would be smart to take into consideration the knee-jerk reactions to having weapons close to school, and I would counsel him to not provoke the issue any more than necessary. Leave the guns at home.

In my neck of the woods, where hunting is a rite of passage and a good enough excuse to skip school to go on a trip with Dad to bag a buck, it might seem silly to object. Still, it makes sense to avoid any confrontation in the first place. Not all teachers & adminstrators are locally born and bred and some have hair-trigger reactions to what they perceive as threats to their charges.

ETA: Puns intended.

This kid should have the opportunity to plead out. This is silly. Obviously he parked off campus and thought he was doing the right thing. They should recognize that.

So? The rule prevents students from taking a gun with a certain distance of the school. The rule was clear and the student violated the rule.

The school will not have to show an unloaded gun is a threat. The student will have to show the rule was an arbitrary and capricious use of the school’s power.

It is not unreasonable to prevent students from bringing a gun (even unloaded, another student could bring the ammo) near school if student safety is a concern.

It may not be a good rule, but the student is going to have to show there was no rational basis between student safety and the rule.

(I don’t know what the actual local standard is, but it will some version of arbitrary and capricious).

Cleveland Steamer What makes you think the rule was clear?

Strike that part. I don’t know if was. I haven’t read the rule. But assuming it was not vague, what other basis is there for the student winning?

Well clear to the administration and clear to the student and his parents are two separate things. You can argue that ignorance of the law is no excuse, but it sounds like the enforcement is being done very uncritically.

Whether the parents or students personally find it vague is irrelevant. They will have to show it is legally vague.

Can you cite legal authority that uncritical enforcement is grounds to overturn a rule?

That much I will agree with.

Not sure why you are siding with the school on this.

I’m a gun owner and a liberal. This kind of BS is just left over ‘homeland security’ garbage that GWB has left us with.

ie. Nobody has any rights unless you can prove it. Guilty until proven innocent.

Thanks George.

No, nor do I need to if you read the post you replied to directly.