Tipsheet
Gun Rights Group Sues New Hampshire School Over Alleged Violation of Student’s Civil Liberties
The Second Amendment Foundation has filed a new lawsuit in New Hampshire challenging what it calls the unconstitutional search of an 18-year-old high school senior’s vehicle based solely on the knowledge that he is a legal gun owner.
The case, Harrington v. Crawford, stems from the search of Hillsboro-Deering High School student Jack Harrington’s vehicle while it was parked on school grounds on April 24.
The lawsuit names Hillsboro-Deering Cooperative School District Superintendent Jennifer Crawford, James O’Rourje as principal of Hillsboro-Deering High School, and Brian McGinn.
Harrington lawfully owns a handgun and sometimes keeps his firearm in his truck in full compliance with federal and state law, but he always removes the gun from his vehicle before coming to school.
The suit alleges the school district searched his vehicle without a warrant, without probable cause, and without his consent, and that no firearm was found as a result of that search.
Jack’s parents reportedly refused to consent to a search, yet the school proceeded anyway, the complaint says, and the family argues that the conduct violated the Fourth Amendment’s protection against unreasonable search and seizure.
“Being public about exercising your private rights cannot be grounds for being harassed and searched on campus,” said SAF Director of Legal Operations Bill Sack.
“The apparent position of the school district here is ‘choose to exercise one right, give away another.’ That’s just not how it works.”
“If simply being a gun owner is legal justification to be harassed and searched by authorities, what would stop them from submitting gun owners like Jack to searches every day? And what’s their proposed solution to avoid that abuse, that he sells his privately owned firearm?”
The lawsuit warns the district’s actions set a troubling standard for students and lawful gun owners at schools across the state.
“Defendants’ conduct sets a dangerous and unacceptable precedent: that the lawful exercise of an individual’s constitutionally guaranteed rights exposes the individual to groundless searches and pre-search harrassment.”
As the complaint describes, “…after the Interrogation in which Jack repeatedly refused to consent to a search and after Jack’s parents were contacted by phone and similarly refused to consent to a search, Defendants searched the Subject Vehicle anyway, finding no firearm.”
“This is the type of fearmongering response we’d expect elsewhere around the country, but not in a state that allows its adult residents to legally own and possess firearms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “This case is about as cut and dry as it gets when it comes to infringing on the rights of a citizen, and we look forward to vindicating Jack’s rights in court.”
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