18-year olds car searched at school without his or parents consent because he’s a gun owner

Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,119
Reaction score
40,576
Location
Western NY
I hope he’s a rich man in a few months.
gunsamerica.com

SAF Files Suit to Protect 4A Rights of High School Gun Owner

The Second Amendment Foundation (SAF) has filed a new lawsuit in New Hampshire challenging the unconstitutional search of an 18-year-old high school senior’s vehicle, based solely on the knowledge that he is a legal gun owner.
gunsamerica.com gunsamerica.com
 
Cavalry

Cavalry

.338 Win Mag
Messages
5,133
Reaction score
8,997
Location
Behind Enemy Lines
JunkBoxFull said:
Sue every one of the kocksuggers involved, and when he wins, the lawsuit can NOT be paid for by tax revenue!
Click to expand...
It may be that situation depending on written policy or practice of the district/department. Big dollar judgements against everyday people are hard to satisfy. More likely the district will settle out of court for an undisclosed amount and no one will ever hear about this again.
 
spat

spat

.950 JDJ
Messages
30,147
Reaction score
63,648
Location
Formerly Geneseo, NY. Now free in AZ
dwa12479 said:
So much for being the "Live Free or Die" state I guess.
Click to expand...
Live free or die is a stupid motto.

As Patton said, you don't win a war by dying.

The founding fathers didn't give their lives to defeat England. The risked them, but they (mostly) didn't lose them. If they had lost them they would have lost the war too.

The motto should be live free or kill.
 
C3D

C3D

.338 Win Mag
Messages
5,230
Reaction score
9,587
Location
Behind Enemy Lines
SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)
 
penrod72

penrod72

.40 S&W
Messages
106
Reaction score
105
Location
Oswego County
While you are correct those rights do not apply equally in school settings, to search without consent with no threat being reported is a massive over reach for the school (providing the limited information in the article is correct) and I predict their insurance company will be writing a check.
 
CNYJohn

CNYJohn

.223 Rem
Messages
1,108
Reaction score
1,746
Location
UPSTATE
Be nice to know both sides of the story


N.H. is a bluish purple state now and is just full of Karen's on both sides of the isle
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,119
Reaction score
40,576
Location
Western NY
C3D said:
SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)
Click to expand...
But where does that end? Yes they can search their lockers, probably students on the school grounds but can they search cars in the parking lot when the kid is in the school. As mentioned no threat and they only knew the kid was a gun owner. Not sure that’s enough. I’m a fun owner so can the school search my kids stuff all the time.
 
Z

Zerex

.308 Win
Messages
3,151
Reaction score
2,477
Location
Rome, NY
Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.
 
Robin

Robin

.577 Tyrannosaur.
Messages
20,425
Reaction score
44,202
Location
Livingston County
Zerex said:
Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.
Click to expand...
Search my car? Why sure, have at it, while yer at it, lemme drop my pants and bend over.
Robin
 
Saltwater60

Saltwater60

20×102mm Vulcan
Messages
36,119
Reaction score
40,576
Location
Western NY
P

Parzival

.44 mag
Messages
894
Reaction score
1,929
Location
Ex-NYer
Was there a parking permit? The application usually involves a search clause.

Parking on school grounds is typically considered implied consent. The school would just have to articulate they had reasonable suspicion that they believed there was a threat in the car.

It’s not right but he’s probably not going to win anything.
 
Z

Zerex

.308 Win
Messages
3,151
Reaction score
2,477
Location
Rome, NY
Like there have been no school shootings by yout deranged animals..................on school grounds..............you no longer have no 2a rights or any 4th/5a rights there, and that is good.,,Fed and State Laws apply.

ROTS on school grounds????? NOT

I am surprised that there have been few shootings of parents by other opposing team parents at HS football games..it ain't the frontier in 1876, anymore.
 
GOPerfect

GOPerfect

.950 JDJ
U.S. Military
Messages
32,372
Reaction score
74,582
Location
No longer Secret, thanks DR. Evil
Parzival said:
Was there a parking permit? The application usually involves a search clause.

Parking on school grounds is typically considered implied consent. The school would just have to articulate they had reasonable suspicion that they believed there was a threat in the car.

It’s not right but he’s probably not going to win anything.
Click to expand...


Similar to driving/parking on a military post/base.

I never needed a reason to search a vehicle. I could search just for the hell of it if I wanted.
 
spat

spat

.950 JDJ
Messages
30,147
Reaction score
63,648
Location
Formerly Geneseo, NY. Now free in AZ
C3D said:
SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)
Click to expand...
For minor children the school is acting as their parent at the time they are there, and that gives them parental powers that obviously exceed normal government powers.

But this guy was 18. Being a parent of an adult *doesn't* give you extra authority over them the same way it does over a minor.

Can they claim the right to search anyone like this ? Visiting parents ?
 
Last edited:
spat

spat

.950 JDJ
Messages
30,147
Reaction score
63,648
Location
Formerly Geneseo, NY. Now free in AZ
Zerex said:
Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.
Click to expand...
And 200 years ago many "employers" exercised the simple expedient of owning their employees outright. That really simplified a lot of stuff.

Doesn't mean it was right.
 
P

Parzival

.44 mag
Messages
894
Reaction score
1,929
Location
Ex-NYer
OwnTheRide said:
That's the thing, they can't... if they could, they would have already. They had no reasonable suspicion, they just knew he was a gun owner.
Click to expand...
From the schools handbook, reasonable suspicion isn’t very hard to prove.

We know what was reported, not the whole story.

Again, I’m not saying this was right and I hope he wins.

IMG_2106.jpeg
 
Last edited:
You must log in or register to reply here.
Top