NRA and CRPA Foundation Assisting High School Student Appeal Expulsion for Unloaded Shotguns
Saturday, December 19th, 2009 at 11:12 PMTags: Anti-Gun GroupsCaliforniaCalifornia Rifle and Pistol AssociationCRPAGun BannersNRA
NRA and CRPA Foundation Assisting High School Student with Appeal of Expulsion for Having Unloaded Shotguns in Off-Campus Truck
National Rifle Association
California - -(AmmoLand.com)- 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. (See article in Chico Enterprise Record; see article in Sacramento Valley Mirror; see David Workman article; and see Fox News Video Interview of Tudesko and his mother at www.calgunlaws.com)
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 cooperated and 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. (Notice of Expulsion is posted at www.calgunlaws.com).
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 sections of the Education Code Tudesko is charged with violating, which generally prohibit possession of firearms on school grounds. (Education Code sections Tudesko allegedly violalted posted at www.calgunlaws.com).
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 based law firm of Michel & Associates, P.C. (www.michellawyers.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, which is in many schools and cases is misapplied. (See Zero Tolerance Memo from Department of Education: [url]http://www.cde.ca.gov/ls/ss/se/zerotolerance.asp[/url and at www.calgunlaws.com]). 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 as ammunition, had both firearms unloaded, had intentionally parked off-campus to avoid any issues, and had several people corroborate his story, school administrators should have acknowledged that the circumstances did not warrant expulsion. (See Administrator Discretion for Expulsions at www.calgunlaws.com and: http://www.cde.ca.gov/ls/ss/se/expulsionrecomm.asp)
Gary Tudesko needs your help and support. Please attend the hearing if possible, and at least contact the Board of Education on Gary’s behalf through the “one click” e-mail tools at www.calnra.com or by calling the Board of Education at (530) 934-6575, or fax your note of support to (530) 934-6111
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 are able and want to help fund Gary Tudesko’s defense, as well as other LAP efforts, please visit the CRPA Foundation(http://www.crpa.org/_e/dept/06/The_CRPA_Foundation.htm) website and make a tax deductible donation today.
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.
Distributed to you by - AmmoLand.com – The Shooting Sports News source.
I hope they sue these idiots untill they have to close the whole school! Anyone that voted for this should be arreseted for violation of his rights. There is no common sense left in this world thanks to the left wing p.c. supposed do gooders trying to control everything and everyone!
Don’t sue the School District per sea. Sue each one of the School Board members and the Principal as individuals. Make the Bastards pay; not the Tax Payers!
This reminds me of a situation that occurred when I was in High School.
Some kid backed his car into another car and drove off.
I WITNESSED this, and when I got to a telephone (before the days of cell phones) I called the school and tried to provide the information.
I was told to stop bothering them, and as soon as they figured out who I was, they would ARREST ME for the auto accident.
I told them I was NOT IN THE ACCIDENT!
After several IDIOTIC MINUTES OF ARGUING, they told me to stop wasting their time as THEY WOULD FIND THE GUY WITHOUT MY HELP, AND THEN THEY WOULD BE BIG HEROES!!!?????
(what is HEROIC about taking over 30 minutes to get information I COULD HAVE GIVEN THEM IMMEDIATELY?????)
My Point: School officials WANT TO PLAY THE GAME OF BEING BIG SHOTS!! They like to pretend that they are GOD, and can CRAP on anyone they want!!!
School officials then kept calling MY house, accusing me of HIt and Run, BECAUSE THEY WERE TOO STUPID TO KNOW THAT THEY WERE TALKING TO A WITNESS, NOT THE CRIMINAL!!! They kept threatening ME!!!
It was like a bunch of wusses, desparetely trying to prove their manhood.
Meanwhile, FOR YEARS, hoodlums were bringing weapons to school to harm people, AND SCHOOL POLICE RETURNED THE KNIVES TO THE FREAKIN’ CRIMINAlS!!! On SEVERAL DIFFERENT OCCASSIONS/CRIMES!!!
And any time a person complained about a gang being in the school, the wimp of a Principal would LIE AND COVER-UP THIS FACT BY CALLING THE GANG “a group of boys who are a little too rambuncous, but basically good boys”! “They are NOT a gang.” (no, they just dress alike, defend each other, and help each other to commit felony crimes)– WHICH SCHOOL OFFICIALS DID NOT LIKE BEING REPORTED IN THE NEWSPAPER, so THEY FIRED THE TEACHER WHOSE HOME WAS DESTROYED BY THE GANG, FOR TALKING TO THE PRESS!!!
Not only should these scum-sucking school officials be sued into Chapter 7 and into the next millennium, but be barred from holding a job position in any school in the nation. The school property should be seized by the plaintiffs and auctioned off to the highest bidder.
Remember –– these jokers are the same dope-smokers and hippie residuals held over from the 196s and 1970’s that protested and “fought” against “The Establishment” only now, they are “The Establishment” that they so hated and despised. Now the current “Establishment” has turned common sense upside-down!
The only thing that stupid people understand is to be slapped hard in their pocketbook, and that goes for Government bureaucracies as well. Mindless bureaucrats should be shaking in their boots, and we need more attorney’s like Chuck Michel (who sues cities in CA that pass illegal gun laws).
“It’s not about revenge –– it’s about PUNISHMENT!”
This is just another example of the use of Jury Nullification to protect the people from a bad law “Zero Tolerance”. For the Principle and DA to say that they were just following the law is to allow the defense of “just obeying orders”. They should be able to think and Jury Nullification be used to get rid of their bad decisions.
The public needs to pressure the school board (politically if necessary), and demonstrate that we have zero-tolerance of morons in education.
With the education requirements to be a high school principal, we need a demonstration of how well his system works, and what he can personally achieve with his credentials in the public sector!
Truck off grounds, weapons secured and not in open, school had no right with interence, what a student does on their time is their business, unless they are a minor and it envolves crimal activity, parents/authority need to be notified. Schools need to focus on education and what takes place on school property. Rules are made up from a chosen few, when is a general public consences really taken on issues, especially when it comes to firearms.
Zero tolerance is the substitution of policy for reason. It is long past time that school administration stop cowering behind ridged regulation and exercise good judgment, not just in this matter but in all matters. Remember the 4th grader who was expelled for bringing his folding fork and spoon camping gear? There must be more important things to do.
Rediculous.
I am tired of hearing about a color guard parade student being expelled for having mock wooden rifles in her car. (Valedictorian no less) How about the kid that gets suspended for having nail clippers. Oh yes. Then there is the 3rd grade boy scout proud of eating lunch with his camp set tools being suspended.
There is a time to digress. Maybe the time is now. When the students have more sense than the administration and teachers is a prime indicator.
Sure there was a Columbine and a Virginia Tech. What does that have to do with a duck hunter with no mal intent. Scent dogs? C’mon. These people are justifying their existence with nothing to do.
There was a time you could bring a teacher out to the parking lot to brag about your new shotgun and the teacher went to his vehicle to show his off. How in the heck did we get where we are now. Certainly can’t be described as progress.
We strip search Sven at the airport and we’re afraid of offending Abdul? What is wrong with this picture!!!! C’mon!!!!!
This is what you get for voting (and if you didn’t vote, YOU helped them get elected) in these Marxist/Leninist/Alinskyists…
This is what you get when you allow them “just a few small changes” to the gun laws…
This is what you get when you join unions so they can complain about the Coke machine getting moved five feet (hate mail me all you want, it’s true) who then use YOUR dues to elect these people…
This is what you get when you forgot about your kids, your nation and your God so you could enjoy “free love”, dope smoking, and multiculturalism…
THIS is what you get…are you proud of yourselves? Think…2010 is coming…don’t be apathetic…VOTE!
Our founding fathers are puking in thier graves over the mockory of justice and freedom these pissants dishing out.
The whole school board (including the coward that dissented) and principle should be personally sued for all they are worth (probably not more then 2 cents) and then sent on there way to a country that shares their beliefs, like maybe North Korea…
[...] is: Be the designated driver, or at least be sure the designated driver is carrying. The News: California: A student who was suspended for having shotguns in his vehicle which was parked off campus now [...]
Let me get this straight…The truck was NOT on school property, the fire arms were secured and not in plain view??? Ok, so what gives the members of the school board or the administration of the school to get involved in this student’s personal life again??? I don’t know about anyone else but I thought (perhaps foolishly) that living in the United States of America guaranteed citizens some rights to privacy.
I could understand it if the student brought the fire arms on to school grounds or left them unsecured so that anyone could get at them but this apparently was not the case. If it were me, as a parent, I would sue each administrator involved AND every school board member individually and demand a public apology equal to the hoop-la generated by the idiocy of their actions. They had no right to infringe on anyone else’s rights. They need to concentrate on doing their jobs…educating…period.
The “zero Tolerance” policy has run amuck I’m afraid.. They have all lost their mind.. I am sure a quick records check on this teem would reveal he is not a criminal and does not have a long lengthy criminal record.. Yes, I know that I am using criminal a lot here, but Im using it because that is how they are treating these kids/teens that DO try to obey the law, and yet they are still looking to get good kids in trouble. Use some COMMON SENSE!!!! Zero Tolerance is suppose to be used for a reason :when you fear that the kids in the school, around the school are in harms way, fear for the children’s safety.. Please help me understand what REASON anyone had to be feared by this teen??? UNBELIEVABLE!!! SUE THEIR A** OFF!!! And school board officials- Get a Life!