Home Forums Hunting & Shooting Hunter's Campfire NRA and the CRPA getting involved in HS mess!

Just received this, which is the first I've heard about it. Sounds like a school board over reacts again!


Phil


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NATIONAL RIFLE ASSOCIATION AND CALIFORNIA RIFLE & PISTOL ASSOCIATION ASSISTING DUCK HUNTING HIGH SCHOOL STUDENT WITH APPEAL OF EXPULSION FOR HAVING UNLOADED SHOTGUNS IN OFF-CAMPUS TRUCK

12/29/09


The NRA and the CRPA Foundation have joined forces under their California Legal Action Project (LAP) to provide legal assistance for high school student Gary Tudesko in his fight to be readmitted to Willows High School. Sixteen-year-old Tudesko was expelled on November 19th for having unloaded shotguns in his pick-up truck that he legally parked on an off-campus, public street near the Willows High School campus. The high school is in a small rural community near Sacramento. The unloaded shotguns were in his truck because he had gone duck hunting in the early morning hours before school. The case has garnered significant national media coverage as an example of zero-tolerance policies run amuck.

The shotguns were discovered in the pick up truck by scent-sniffing dogs on October 26th during a questionable school search. Police ran the license plates and determined Tudesko was the owner, then called Tudesko out of class. Tudesko readily told the Principal about the shotguns and his early morning hunting trip.

The school first suspended Tudesko for five days, then extended the suspension indefinitely until an expulsion hearing was held. Tudesko's mother, Susan Parisio defended her son during the November 19th public hearing on his expulsion. She challenged the school district's legal jurisdiction to enforce the Education Code's prohibition of guns on campus for her son having unloaded shotguns locked in an off-campus vehicle parked on a public street. Nonetheless, Willows High Principal Mort Geivett told the local School Board that, as a matter of law, it had no choice but to expel Tudesko. The Board did just that.


Geivett claimed the school had jurisdiction over students traveling to and from school, as well as students off-campus during lunch, and that the school had jurisdiction over off campus vehicles because students could not possess firearms within 1000 feet of campus. But Geivett confused the Penal Code with the Education Code. With a number of exceptions, it is a potential criminal violation of the Penal Code, specifically the Gun Free School Zones law, to knowingly possess a gun within 1000 feet of a school. But that law has nothing to do with the section of the Education Code Tudesko is charged with violating, which generally prohibits possession of firearms on school grounds. Tudesko's truck was parked off school grounds. And Gary was not traveling to or from school at the time of the search of the off-campus truck. He was in class. Moreover, schools do not enforce criminal/penal statutes like the Gun Free School Zones law, the District Attorney does. And the District Attorney and Willows Chief of Police have already stated there would be no charges filed against Tudesko, likely because there was no intent to violate the law.


Tudesko is now appealing the local school district's expulsion order to the Glenn County Board of Education. A hearing is scheduled for January 15, 2010 at 10 a.m. at the Willows Administration Building located at 311 S. Villa Ave, Willows, CA 95988. Tudesko is now being defended by civil rights lawyers Chuck Michel and Hillary Green of the Long Beach law firm of Michel & Associates (www.michelandassociates.com).


Legal issues aside, Tudesko is in this position because of a short-sighted bureaucratic approach to enforcing the school's "zero tolerance" policy toward firearms. Time and again these policies have resulted in a triumph of irrational political correctness over common sense and justice. Given that Tudesko had gone duck hunting that same morning with friends (hence the two shot-guns), had bird-shot loads for ammunition, had intentionally parked off campus to avoid any issues, and had several friends corroborate his story, school administrators should have acknowledged that the circumstances didn't warrant discipline, never mind expulsion.

Information about Gary, media coverage, copies of legal submissions, and other documents are being posted at www.calgunlaws.com.

Although the attorneys are largely working pro bono, even so there are significant costs and other fees associated with this type of defense. Donations to the CRPA Foundation/NRA LAP are appreciated.


If you can help fund Gary's defense and other LAP efforts, please visit www.crpa.org and make a tax deductible donation to the CRPA Foundation. The NRA/CRPA Legal Action Project is a joint venture between the NRA and CRPA Foundation to advance the rights of firearms owners in California. Through LAP, NRA/CRPA attorneys litigate to fight against ill-conceived gun control laws and ordinances, assist individuals like Gary, and educate state and local officials about the programs at their disposal that are effective in reducing accidents and violence without infringing on the rights of law-abiding gun owners.

CLICK HERE TO DONATE TO THE CRPA FOUNDATION


IMMEDIATE ACTION REQUESTED:
Gary Tudesko needs your help and support. Please attend the hearing if possible, and at the very least---contact the Glenn County Board of Education on Gary's behalf.

* We ask that you please contact the members of the Glenn County Board of Education and voice your opposition to the expulsion of Gary Tudesko. Note: You can send a single email to the Glenn County Board of Education by using the special "ONE CLICK" email address that you can find HERE. By sending one email to the special "ONE CLICK" address, each member of the Glenn County Board of Education will receive a copy of your message.
* The Glenn County Board of Education can be reached by telephone also at: (530) 934-6575 or by Fax at (530) 934-6111.
* If you live in the Willows Area, The NRA and CRPA urges you to attend the meeting at the Willows Administration Building located at 311 S. Villa Ave, Willows, CA 95988 at 10:00 a.m. on January 15, 2010. Please dress appropriately and act respectfully, but remain firm in your opposition to the expulsion of Gary Tudesko.

IMPORTANT FACT: When contacting the members of the Glenn County Board of Education, please remember that these were NOT the people that expelled him in the first place. Rather, these are the ones that hold Gary's fate in their hands. So please be courteous in your comments. These members of the Glenn County Board of Education have the authority to overrule the previous ruling (made by another school board) so that Gary Tudesko can be allowed to return to school. Please be polite with your requests.

Remember: Even if you don't live in Glenn County, your help is needed to defend this young man's right to an education. Please call, fax, and email the Glenn County Board of Education and/or attend the Board of Education Meeting on January 15, 2010 and voice your opposition to expelling this young man! And tell your neighbors to do the same.

(CLICK HERE to E-mail the members of the Glenn County Board of Education.)

If you would like to assist the NRA in our efforts to protect the rights of law-abiding citizens to have fair access to their Second Amendment freedoms, please become involved with the NRA Members' Councils by completing the on-line form at http://www.calnra.com/volunteer/index.shtml .


WHAT ELSE YOU CAN DO:

* Join the NRA and CRPA now!
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Good for the NRA and CRPA. California firearms owners should be members of both.

Three problems with this.

First, the student is under 18 and in possession of firearms.

Second, if the vehicle was within 1,000 feet of the campus the firearms are required to be in a locked case.

Third, the California gun laws conflict with the student's second amendment rights.

More details are needed.

You sure about that?

#1 Is it really 18 in Cali for Possession (not transfer)?

As to #2, you missed this:

I think the problem that needs addressed on the way too many reports similar to this one is that there are too many over zealous dumbasses carrying over reaching rules and regs and policies too far at every opportunity.

Most of these policies need to be slashed, discarded, or at least moderated. The idiots involved need to use some disgression and common sense. I'd be dollar to donut the kid isn't a gangbanger druggie with a pistol in his vehicle, his pants hanging down around his ass, rap music blaring all the time and continuous show of bad attitude/smart assitude. Leave him the hell alone! He parked off school property. I'm sure he locked his car. Nobody's damn business but his own... and that of his parents. Find something important to do, like educate children or something... Useless schmucks!

I don't care if he's under 18. I don't care if it wasn't in a locked case. These aren't government, nor school admin's concerns.
LEAVE PEOPLE THE HELL ALONE!!!!!!!!! ya bunch of asswipes!

Think God I don't live in California. Northern Virginia is no bed of roses either, but this is simply over the top.

The whole problem is the school and by extension, school board. Of course, obviously the community voted for the assclowns. Try getting the dammed school to take responsibility for something as simple as insuring your child's safety going to and from school (not that I think they should or should have to). They will NEVER admit they are responsible and were at fault if your kid gets beat up. If they aren't responsible for that, how do they have authority over what the kid has in his vehicle? The search was an illegal one, pure and simple. I don't think the police can even claim consent with a minor child, especially one removed from the school grounds without the consent of his parent.

The kid won his appeal!

sounds like the principle needs a new job based on his statement after the reinstatement.

+1... and good on the school board for finally doing what is right... they should have reinstated tudesko immediately, of course, but right prevailed in the end....

i wonder if civil action against the principal will be forthcoming???