BELLEVUE, Wash. — The Second Amendment Foundation (SAF) secured a major win today in Harrington v. Crawford after school district officials admitted the search of plaintiff Jack Harrington’s vehicle violated his Fourth Amendment rights.
In October last year, SAF filed the case after Harrington’s vehicle was searched on Hillsboro-Deering High School grounds solely on the basis of school officials learning that Harrington lawfully owned a firearm in his personal life. Harrington owns a handgun which he sometimes carries with him in his truck – in full compliance with all federal and New Hampshire state laws – but never brought the gun to school, which he knew was prohibited. Upon learning that Harrington lawfully owned a firearm, however, he was subjected to interrogation and his vehicle being searched without his consent. No firearm was found during the illegal search as it was safely stored at his home, nowhere near the school campus.
“Maintaining safety on school grounds is a laudable goal,” said SAF Executive Director Adam Kraut. “But the Constitution demands that school officials have, at minimum, reasonable suspicion to search a student’s property. Critically, choosing to exercise one’s Second Amendment rights cannot be interpreted as a waiver of your rights under the Fourth Amendment, nor can it create reasonable suspicion of a crime. We’re pleased the school district here has admitted their errors and reinforced that the fundamental rights of their students will be respected.”
As noted in the original complaint, “…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.”
“Publicly acknowledging that you’re a gun owner does not justify endless harassment or subject you to invasive searches,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The overwhelming majority of gun owners are law-abiding peaceable people for their entire lives. Simply choosing to exercise your rights under the Second Amendment does not imply that you may do something criminal with a firearm and does not create reasonable suspicion that a crime has been committed. If that were the case, then lawful gun owners like Mr. Harrington would not just be subject to search of their property on one day – but every day – unless and until they prove that they have sold their constitutionally protected property to the satisfaction of school officials. The Constitution prevents precisely that outcome and worked exactly as designed in this case.”
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
