GOAL's response to a similar question.
I recently sought advise on this question after having been asked during one of my classes about it. Here is the content of my question and the response that GOAL sent me:
While teaching an NRA Basic Pistol Course a few weeks ago I was confronted by one of the students who recounted a situation I was unclear about answering.
He was with his brother driving across the campus of one of our community colleges. They were on their way to another family members home having come from a gun club meeting. The handguns that had been used at the club were properly secured within a locked case, unloaded and that case was in the trunk of their sedan. The Ammunition was in a seperate locked ammo box also in the trunk. They were stopped by the local police department at the exit of the campus due to having a broken headlamp. Apparently they were warned about the lamp and at some time in the conversation one of them stated they were on their way back from a gun club. The officer apparently lectured them about possessing firearms on a school's property and how fortunate they were that he was not going to arrest them.
Am I incorrect in saying that in this scenario they were "transporting" their firearms and not "possessing" them? I have believed that "possession" was specific to carrying the firearm on ones person.
Therefore, the question is, can you drive across school property if your firearms are properly locked and stored for transport according to acceptable practices and laws? Why would the officer seem to indicate that firearms being transported suddenly become in possession just because it is school property.
Inquiring minds want to know. Am I correct that this seems incorrect or was the officer correct and the driver was flirting with jail when he crossed the school boundry?
This was the response:
"GOAL would never, ever, advocate taking a gun onto any school grounds without getting prior written permission.
The actual language of the law is found in Chapter 269, section 10 of the general laws, in paragraph (j).
(j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, “firearm” shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.
Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.
What a person transporting guns across the campus is risking that the arresting officer would not believe that you can transport without carrying on your person. Semantics, I know... and one ought to be able to carry, but we would not advise anyone to be the test case!! and that is what we are talking about here.
GOAL STAFF"