scenario pertinent to school shootings.

[Cobraman]

I'm following the shooting today and I see that they are searching every student that comes out of the building.

Hypothetically, say a chl holder is illegally carrying at a public university and a shooting happens somewhere else in the building. What is the legality of the chl holder getting searched on his way out and is it going to stand up in court? I'm discussing with a few buddies and thinking that isn't a legal search because it is a public place with no probable cause. Either way you are getting kicked out of school, but I'm wondering on the criminal side.

Just a hypothetical for discussion. Might should be in the Amory but who cares.

[svauto-erotic855]

I'm following the shooting today and I see that they are searching every student that comes out of the building.

Hypothetically, say a chl holder is illegally carrying at a public university and a shooting happens somewhere else in the building. What is the legality of the chl holder getting searched on his way out and is it going to stand up in court? I'm discussing with a few buddies and thinking that isn't a legal search because it is a public place with no probable cause. Either way you are getting kicked out of school, but I'm wondering on the criminal side.

Just a hypothetical for discussion. Might should be in the Amory but who cares.

I carried illegal at school before there were CCPs in TX. Back then unless you were black and dressed like a hood rat the PDs could have given a shit. I caught grief over knives before but never had an officer give me grief over a gun.

I suspect that unless you put a few into the shooter you would be in jail for sometime before the detectives even had a chance to talk to you. On the other hand you could have just sat at a desk reading and not have gotten into the queue to be searched.

[Couver]

^^ They cleared the school room by room. I doubt you could just hang out and read. They need to know if other perps were involved.


***edit as for the hypothetical question

The rank and file might cut you a break for carrying but leadership looking score points with the new/old "guns are bad" politicians would most likely throw every charge they could at you.

[Big A]

The fact that there was an active shooter that potentially had an accomplice on the premises is plenty probable cause for the court I'm sure, this isn't just some random search, and the fact that it's a public place has nothing to do with anything.

The fact of the matter is that you are carrying a weapon illegally, and regardless of how you were caught, you will be prosecuted for it.

[Ruffdaddy]

Isnt concealed carry legal on campuses in texas?

[Cobraman]

Isnt concealed carry legal on campuses in texas?

Not til aug

[ceyko]

Is it illegal to carry on campus in Oregon?

[Sgt Beavis]

The fact that there was an active shooter that potentially had an accomplice on the premises is plenty probable cause for the court I'm sure, this isn't just some random search, and the fact that it's a public place has nothing to do with anything.

The fact of the matter is that you are carrying a weapon illegally, and regardless of how you were caught, you will be prosecuted for it.

</thread>

That sums it up perfectly..

[Cobraman]

^^ They cleared the school room by room. I doubt you could just hang out and read. They need to know if other perps were involved.


***edit as for the hypothetical question

The rank and file might cut you a break for carrying but leadership looking score points with the new/old "guns are bad" politicians would most likely throw every charge they could at you.

I guess your best bet would be to be outside of the building already when the police show. Then there is no way for them to prove to illegally carried into the building - and you are in the right.

[Gasser64]

Seems a CHL holder would be less likely to be the type, to be an accomplice for this kind of shit.

[svauto-erotic855]

Seems a CHL holder would be less likely to be the type, to be an accomplice for this kind of shit.

It appears that the shooter had no criminal history that would have prevented him form getting a CCP should he have chosen to do so and if they were available in his state. A back ground check only sees what you have already done and been caught for and does not show what you will do in the future.

[IHaveAMustang]

Hide your gun in a cabinet, desk, whatever. They aren't going to search each desk in each room. Then walk out. Next week when the school opens back up, smuggle it out.

I might even possibly wipe the prints, toss it up in the ceiling, and write it off. Anything to beat the charges associated with having a firearm, on the day of a shooting, and not legally being able to do so.

[LANTIRN]

The fact that there was an active shooter that potentially had an accomplice on the premises is plenty probable cause for the court I'm sure, this isn't just some random search, and the fact that it's a public place has nothing to do with anything.

The fact of the matter is that you are carrying a weapon illegally, and regardless of how you were caught, you will be prosecuted for it.

Could be prosecuted, and most likely will, but it isn't a gurantee. There are alot of counties in conservative places like Texas and Arizona where charges would likely be dropped. Then of course depending on the state and county it may be easy, if not expensive, to beat the charges. Place like Texas most places you illegally carry are misdemeanor anyways except bars and a few other places. Aslo, if you had happened to carry illegally and stopped the shooter that is a defense to prosecution. Plus you have to look at it in a risk vs rewards scenario. Do you want to be carried by six or judged by twelve. And these are all what if's with alot of variables. With the way the law is written in Texas with the defense to prosecution I would feel much more comfortable about the legal risk than if I lived in New York or California. Even if you didn't stop the shooter I would think a good lawyer could get the charges dropped if you were carrying on a campus where a shooting was happening, but I am not a lawyer and I know that legal process would still suck and be costly. There is no perfect answer because even obeying the law in this instance could get you killed.

[GhostTX]

isnt concealed carry legal on campuses in texas?

not til aug

2016

[Cobraman]

Hide your gun in a cabinet, desk, whatever. They aren't going to search each desk in each room. Then walk out. Next week when the school opens back up, smuggle it out.

I might even possibly wipe the prints, toss it up in the ceiling, and write it off. Anything to beat the charges associated with having a firearm, on the day of a shooting, and not legally being able to do so.

In most college classrooms there aren't really any places to hide something - especially somewhere that won't be discovered. I think if you are the original purchaser that you can be traced to serial number - not to mention you won't be able to clean your print off each round in the mag. Even still, I get doing anything and everything to avoid charges. It would be a terrible situation to get stuck in.