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NJ school changes gun rule after NRA group's lawsuit threat

March 17, 2018
Lacey HIgh School (Google Street View)
LACEY — A school district under fire from gun advocates has changed a student handbook after the state chapter of the NRA threatened a civil rights lawsuit over a rule that ostensibly prohibited students from handling guns off school grounds.

The controversy erupted this week after a Facebook post claimed that two students had been punished with detention after they shared a picture captioned "fun day at the range."

The Association of New Jersey Rifle and Pistol Clubs, which is the New Jersey chapter of the National Rifle Association, issued its legal warning Thursday after finding a Lacey High School parent/student handbook that prohibited students from using guns not only on school grounds but at home.

Other district policy documents, however, noted that only "unlawful" weapons conduct off school grounds was subject to school discipline.

Superintendent Craig Wigley on Friday sent a message to parents saying that the language in the handbook would be updated and denied that the district's gun policy had been used to punish any student.

But the policy that Wigley cited is not the handbook rule that the gun rights group is challenging.

"No rights were violated. No student(s) has/have been disciplined/suspended under Policy 5611- removal of pupils from the general education program for weapons/firearms offenses now or since my tenure," Wigley wrote.

"The recent rumors and social media posts are not related to Policy 5611 as no student has been disciplined for violating Policy 5611. The administration appreciates the respectful feedback we have received."

Wigley's email did not directly address the students in question. He has previously declined to comment specifically on the two students citing privacy concerns. One of the students said on Facebook that he was punished for sharing the photo because it disrupted the school climate.

NJ District Bans Guns Off School Grounds - NRA Chapter May Sue
ANJRPC Executive Director Scott Bach said Wigley's statement addresses a different policy than the one cited by his group and accused the schools chief of "misdirection."

The handbook prohibited students from being "in possession of a weapon of any type for any reason or purpose whether on or off school grounds during the academic year."

"The district has its own policy but the school has its own handbook, which is different from what the district's policy is," Bach told New Jersey 101.5 on Saturday. "So for the superintendent to point to a different policy, not the one at issue, and saying nobody was punished under that is very disingenuous."

Bach said the handbook has since been "quietly rewritten." He provided full copies of the handbooks to New Jersey 101.5. The revised version is now on the high school website.

Lacey-1.jpg
Original handbook language cited by ANJRPC.
Lacey-2.jpg
The revised handbook removes language that indicated that even lawful weapons possession of school grounds was prohibited.
Wigley acknowledged the need for a revision in his email to parents.

"Representatives of the student body and Mr. Brandis, high school principal, have brought to my attention concerns regarding language contained in the high school handbook. There has been confusion regarding the intent of this language. Please be rest assured that we are in the process of clarifying this language in a manner that would be consistent with district Policy 5611."

Bach said the ANJROC lawsuit threat remained on the table and said the policy as it appeared in the handbook violates the First and Second Amendments.

"The students need to have their record cleared and the need to be apologized to and the school needs to never do this again. If we're forced to sue, we will. But if they do the right thing that won't be necessary," Bach said.

Wigley could not be reached for comment Saturday morning.
NJ school changes gun rule after NRA group's lawsuit threat
 
NJ... sounds about right. State and city leaders there are like here, they all remind me of the mayor in Red Dawn (original movie).
 
The stupidity in our school systems is out of control. Recently my wife's school district held a meeting to discuss campus safety. Many of the students have expressed to her that they would feel more comfortable if there was an armed police officer on campus full time. When my wife shared this with the teachers, one of them shot back how that wouldn't be helpful in creating a welcoming environment for black students. What?! Never mind that the students who expressed this need were black, but she didn't have to share that detail with the group after recalling she was in the presence of idiots...
 
one of them shot back how that wouldn't be helpful in creating a welcoming environment for black students.
My question(s) would have been "Why not? are they self conscious of something? Why are you identifying only black students as potentially having issues with the presence of Law Enforcement?
The 'race card' is now being used by the antis to rationalize ANYTHING they are promoting - even if race is not a part of it - that differences in race exist is all that matters to them.
 
This is typical. Go for the most they can and hope nobody notices because nobody reads these stupid things anyway. Then when someone calls them on it say "oh sorry, you misunderstood our intentions, we will reword it so that you stupid people can understand it easier", then they back it out.
 
Lawyer up. Retain some big names and firms. Go for the throat. Big $figures$. Full court press. Let those responsible start to sweat. Settle on the court house steps with the demand that every elected board member resign. With the demand such policy stop. With the demand of enough big bucks to pay the lawyers. Totally destroy the criminals who suspended that young person for exercising a Constitutional Duty. Legally destroy the lives and future of those involved. Do it legally.

Sounds good to me. :)
 
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It seems this 1A case from the US Court of Appeals, 3rd Circuit (same as NJ, also, the SCOTUS denied the school district's appeal) should guide the outcome (there certainly is a 1A aspect to this case because the student published a photo in addition to the 2A issue of having the right to legally engage in target shooting): Appeals Court Rules that Schools' Punishment for Off-Campus Internet Speech Violated First Amendment Rights

In one of today's rulings, the Third Circuit reached a unanimous decision, holding in Layshock v. Hermitage School District, that Hermitage School District violated the free-speech rights of high school senior Justin Layshock when it suspended him for 10 days for creating a parody MySpace profile of Hickory High School principal Eric Trosch, even though Layshock created the profile from a computer at his grandmother's house, during non-school hours, and his actions did not disrupt the school. The court held that schools cannot punish students for off-campus speech that is lewd, vulgar or indecent even if it is directed at school officials.

"It would be an unseemly and dangerous precedent to allow the state, in the guise of school authorities, to reach into a child's home and control his/her actions there to the same extent that it can control that child when he/she participates in school sponsored activities," said Chief Judge Theodore McKee in his opinion for the court.

There is some wiggle room if the off-campus conduct causes on-campus disruption, but none of the news stories indicate that any sort of ruckus occurred with the kid in NJ who went to the range with his family.
 
Yes, there is precedent for this. Most schools and districts recognize that there are limits to what they can restrict off campus, especially when it has nothing to do with the school. IIRC there was a case not to long ago where someone complained about a student or teacher during the summer when school wasn't even in session and the school/district basically said as much.
 
"....any student who is reported to be in possession of a weapon of any type for any reason or purpose whether on or off school grounds during the academic school year shall be disciplined as follows:"

Welcome to Hillary's America.

Wait.....I thought she lost the election?:eek:

Aloha, Mark
 
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