Knife onto school grounds?

B

Billy12241

Joined
Apr 8, 2011
Messages
118
Hi all, I live in Kentucky, and was reading my school's code of conduct, it says there is no 'weapons allowed on school grounds', but I keep a pocket knife in the glove compartment of my car that I use to drive there and I park on campus. The knife never leaves the car, but I'm wondering if somehow they found it, could it be punishable because my car is parked on school grounds?
 
stranger things have happened, its better safe than sorry.


That being said, as long as you dont take it out of your glovebox or show anyone or whatnot you should be fine
 
Billy12241 said:
Hi all, I live in Kentucky, and was reading my school's code of conduct, it says there is no 'weapons allowed on school grounds', but I keep a pocket knife in the glove compartment of my car that I use to drive there and I park on campus. The knife never leaves the car, but I'm wondering if somehow they found it, could it be punishable because my car is parked on school grounds?
Click to expand...

Schools can do what they want, including expelling for breaking rules.

What is KY state law as far as criminal punishment?
It's a felony in TN for example; seldom prosecuted, but can be.

- OS
 
Billy:

In KY, "an ordinary pocket knife or hunting knife" is not a deadly weapon. So the statutes barring concealed deadly weapons on school property do not apply. Additionally, the legislature has enacted a statute expressly stating that a glove compartment is not a concealed place for purposes of concealed carry laws. So even if an ordinary pocket knife was characterized as a deadly weapon, which it is not, it is perfectly legal to conceal it in your glove compartment. For the same reason, it is also perfectly legal to conceal a firearm in your glove compartment without a concealed deadly weapons license.

So, I don't think you are breaking the law by having a knife in a glove compartment on school property.

Now, school officials can discipline students (assuming you are a student) for any dang reason they want to. So, in theory, they could expel you or give you other punishment for failing to comply with their rule. Additionally, while "no guns" or "no knives" signage is meaningless and unenforceable in KY, a business for example can still ask you to leave if they find that you have a gun or knife on you. In that case, its not illegal to carry the gun or knife in violation of the signage, but if you refuse to leave you can be arrested for trespass.

Bottom line is that I don't think its illegal for you to have a pocket knife or hunting knife in your glove compartment on school property in KY, but the school can still discipline you for it however they see fit. So don't tell anyone its there, including your homies, and never take it out. If school officials want to search your car, say "screw you" and drive off. JMO.

It also depends on where you live. In eastern KY, knives are as common as cell phones, and most folks would not give a rat's rump about it. Here in the big city where we have running water (joking), things are much different.

This is not legal advice. Don't listen to strangers on the internet, including me. :thumbup:

-------


500.080 Definitions for Kentucky Penal Code.
As used in the Kentucky Penal Code, unless the context otherwise requires:

(4) "Deadly weapon" means any of the following:
(a) A weapon of mass destruction;
(b) Any weapon from which a shot, readily capable of producing death or other
serious physical injury, may be discharged;
(c) Any knife other than an ordinary pocket knife or hunting knife;
(d) Billy, nightstick, or club;
(e) Blackjack or slapjack;
(f) Nunchaku karate sticks;
(g) Shuriken or death star; or
(h) Artificial knuckles made from metal, plastic, or other similar hard material;
 
so, from what i hear, Legally you can carry a kukri into school with you. as long as it is unconcealed. Now, you may get in SERIOUS trouble with the school, but not with the law. But, seriously, don't do what was just suggested.
 
Only thing about what you said, Powernoodle, is my school changed the deadly weapon definition of "Any knife other than an ordinary pocket or hunting knife" to "Any knife" in their Code of Conduct.
 
We are on the same page, Billy. The law says one thing, but a school can impose whatever rules it wants.

Of course, if you don't take the knife to school, or if no one ever knows about it, none of this matters. :thumbup:
 
Yes it is a weapon... if the school chooses to see it as that. They can decide however they want as to what a weapon is under their definition unfortunately.
 
If you are in high school just leave it at home. I live in lexington and I take my nephew to the playground at his elementary school all the time and I won't carry anything there or even near there. All it takes is one person to freak out and you have criminal charges on your hands.

Just leave it at home to be on the safe side. Schools are obsessed with safety these days.
 
Your car is your property, no matter where it's parked. As long as you don't take it outside your car (property) you can't be prosecuted.
 
No matter what the law says or the school says--When in doubt don't do it. Leave it at home.
 
A school cannot impose any rules it wants. A school is the "government" for Constitutional purposes and cannot impose unconstitutional rules. Nor, in most states, can a school district impose rules in conflict with general state law. But if you think you are a slave, you are a long way towards being one.

Here's a novel idea, ask the school if you will "get in trouble" if you have an ordinary pocket knife among the tolls you keep in your car.
 
Thomas Linton said:
A school is the "government" for Constitutional purposes
Click to expand...

The Supreme Court agrees with you, but the Constitution doesn't. And it is demonstrably false that a school cannot impose a rule which would otherwise be unconstitutional in an adult setting. There are a litany of cases, but one is New Jersey v TLO, 469 US 325 [1985]. In the TLO case, a search of a student's purse, the purpose for which was to find cigarettes the student was suspected of smoking on school grounds, was upheld. This is because schools must act "in loco parentis" (in place of the parent), while they have possession of the students.

Think about it this way - your 6 year old is in the 1st grade and wants to leave class and run out into the street. Should the teacher - an agent of the government in your view - "unconstitutionally" detain the child?

"Fourth Amendment rights, no less than First and Fourteenth Amendment rights, are different in public schools than elsewhere; the "reasonableness" inquiry cannot disregard the schools' custodial and tutelary responsibility for children." Vernonia School v Acton, 515 US 646 [1995].

I'm not trying to be a wiseacre, and I think we are on the same page. I don't accept the assertion that the federal government has any business interfering in local schools, but thats for another thread.

The bottom line is that in Kentucky, it is lawful to keep a pocket knife in your glove compartment on school property. But it is also true that under the law as it now exists, schools - in their capacity as quasi parents - may imposes rules which would otherwise be unconstitutional.

This still is not legal advice. :thumbup:
 
Last edited:
Icceal555 said:
Your car is your property, no matter where it's parked. As long as you don't take it outside your car (property) you can't be prosecuted.
Click to expand...

Though it's generally not going to happen, that's not true in every state, for every level of academic institution.

However, in most every state, you can be expelled or fired for violating school policy.

- OS
 
powernoodle said:
The Supreme Court agrees with you, but the Constitution doesn't. And it is demonstrably false that a school cannot impose a rule which would otherwise be unconstitutional in an adult setting. There are a litany of cases, but one is New Jersey v TLO, 469 US 325 [1985]. In the TLO case, a search of a student's purse, the purpose for which was to find cigarettes the student was suspected of smoking on school grounds, was upheld. This is because schools must act "in loco parentis" (in place of the parent), while they have possession of the students.

Think about it this way - your 6 year old is in the 1st grade and wants to leave class and run out into the street. Should the teacher - an agent of the government in your view - "unconstitutionally" detain the child?

"Fourth Amendment rights, no less than First and Fourteenth Amendment rights, are different in public schools than elsewhere; the "reasonableness" inquiry cannot disregard the schools' custodial and tutelary responsibility for children." Vernonia School v Acton, 515 US 646 [1995].

I'm not trying to be a wiseacre, and I think we are on the same page. I don't accept the assertion that the federal government has any business interfering in local schools, but thats for another thread.

The bottom line is that in Kentucky, it is lawful to keep a pocket knife in your glove compartment on school property. But it is also true that under the law as it now exists, schools - in their capacity as quasi parents - may imposes rules which would otherwise be unconstitutional.

This still is not legal advice. :thumbup:
Click to expand...

Your statement that the Supreme Court agrees but the Constitution does not is somewhat confusing. Under our system, the Constitution means what the Supreme Court says it means, for better or worse.

That a school acts in loco parentis does not mean that it can act unconstitutionally. Apparently, you regard certain acts of schools as unconstitutional and conclude that they are allowed to act unconstitutionally. Illustrative of my point are the search and seizure cases expressly applying the Fourth Amendment to schools as governmental actors. Again, you may disagree with the results of these cases, but clearly the schools are subject to the Fourth and other Amendments as 'government." So the act of the teacher in detaining your hypothetical 6-year-old is not unconstitutional. This the facts alter the result in a "reasonableness" inquiry applies to cases involving adults as well as children in schools.

Assuming that there is no Constitutional limit on schools' actions vis-a-vis students serves no value that I recognize and is patently incorrect.
 
not proud of it but ive gotten expelled for carrying a knife on me.. almost always have since the 7th grade when a kid sitting behind me pulled a loaded revolver out and pointed it at me.. my ex-girlfriend's friend ended up telling the administrator(who knew i usually carried one) i had one in my backpack. at least i was friends with the administrator and he helped me get into a school during that time to continue my education(even take higher level classes) and helped me get back in once the year was over. actually worked out better than anyone would have thought. kinda glad it happened :confused:
 
That sucks Alp, honestly if something like that happened I'd be carrying something also, but I won't be taking one anywhere in the building, just in my glove compartment of my car that gets parked there during the day.
 
You must log in or register to reply here.
Back
Top