Monday, January 11, 2010

Where's the ACLU?

A teenager expelled from his Glenn County high school for having shotguns in his vehicle, which was parked off campus, will challenge his expulsion this week...

Tudesko told school officials he'd gone on an early morning duck-hunting trip before school that morning and believed the guns would not be a problem if he parked off campus...

School officials claimed they had the legal authority to expel Tudesko. The teen and his family, with legal support from the NRA, are challenging the decision. link

Maybe the ACLU doesn't think the 2nd Amendment has anything to do with civil liberties. At least the NRA is there to help.

And while state education code does grant schools authority over students on the way to/from school (so schools can punish students for fights on the way home, for example), I can't imagine for the life of me why schools would be searching cars parked off-campus, even during school hours.

5 comments:

MikeAT said...

And if they looked in the cars off campus for things like, say illegal narcotics, do you think the ACLU would have an opinion on the matter?

Anonymous said...

I agree it's total BS, but a careful reading of the education code seems to support the expulsion.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=48001-49000&file=48900-48927

48900(b) says he can be recommended for expulsion for possession of a firearm.

48900(s)(2) says he can be expelled for possessing the firearm while going to or coming from school.

There's a lot of other wording in there about "related to school activity", "attendance", etc. IANAL, there may be dodges and loopholes that he can work.

How can he get an education if he's expelled from school... did the board ever think of that?

allen (in Michigan) said...

The ACLU's stated position on the Second Amendment is that it's a "group" right, a concept which appears nowhere else in the Constitution and which has been effectively debunked by more honest legal scholars with impeccable lefty credentials.

I wonder where you go from zero tolerance? Negative tolerance?

Doug said...

So, if he went hunting before school, then went to Denny's for breakfast, and when he came out, his car wouldn't start so he walked to school from Denny's, would he STILL be susceptible to the "firearm possesion going to school" portion of that law? Seems to me someone in admin was looking to make a name for themselves with a big expulsion.

s said...

As your token leftie reader, even I think this is nuts-I've taught in places like this and even smaller towns; one time I had to close the curtains because hunters were driving by and the horns were sticking out of their trucks! (It was indeed mighty impressive....)