>>>you mean we can't prevent people from bringing an AK47 in school, as long as they don't shoot anyone?
As a matter of General Law, no.
However if the property owner, in this case the school board, chooses on their own to disallow guns on their property then a person violating that would be guilty of criminal trespass.
This is true for a Starbucks, Walmart, your personal home or any other property.
That being said the issue gets a little more tricky when it comes to government run property, with government run property I tend to come down on what I think is a reasonable position of if you are not required by law to be there then the individual government agencies can restrict gun possession provided there is not a superior law preventing that.. an example would be many State governments preempt local parks depts from passing rules prohibiting carry in a public park.
>>>And one can drive as fast a she wants as long as there is no accident?
Generally speaking I believe in enforcement of Reckless Driving Laws and less on arbitrarily defined laws. For the most part speed limits are less about safety and more about revenue generation for local government. Even under todays law if you are driving the speed limit and a cops believes that is unsafe for the road conditions you can be ticketed and even arrested.
>>>One can sell outdated food as long as no client gets sick?
>> However if the property owner, in this case the school board, chooses on their own to disallow guns on their property then a person violating that would be guilty of criminal trespass.
But who is the victim then? What was the damage? How does that compare to the case where they didn't make that rule?
The property owner is the victim. Property owners have the right to deny entry/use of their property for any reason or no reason at all.
They can say "No one wearing blue shirts", or "No entry after 5pm" or any other rule they want to impose, if you violate that you have violated their property rights.
As a matter of General Law, no.
However if the property owner, in this case the school board, chooses on their own to disallow guns on their property then a person violating that would be guilty of criminal trespass.
This is true for a Starbucks, Walmart, your personal home or any other property.
That being said the issue gets a little more tricky when it comes to government run property, with government run property I tend to come down on what I think is a reasonable position of if you are not required by law to be there then the individual government agencies can restrict gun possession provided there is not a superior law preventing that.. an example would be many State governments preempt local parks depts from passing rules prohibiting carry in a public park.
>>>And one can drive as fast a she wants as long as there is no accident?
Generally speaking I believe in enforcement of Reckless Driving Laws and less on arbitrarily defined laws. For the most part speed limits are less about safety and more about revenue generation for local government. Even under todays law if you are driving the speed limit and a cops believes that is unsafe for the road conditions you can be ticketed and even arrested.
>>>One can sell outdated food as long as no client gets sick?
https://www.youtube.com/watch?v=i8xwLWb0lLY
Relevant Part at ~9:35