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Tipsheet

Gun Rights Group Sues New Hampshire School Over Alleged Violation of Student’s Civil Liberties

Provided with permission/Jeffrey Gritchen

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.   

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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 all federal and state laws – but always removes the gun from his vehicle before going to school. 

The lawsuit claims that the school district searched his vehicle without a warrant, without probable cause, and without his consent, but found no gun. 

 Harrington v Crawford Complaint  by  scott.mcclallen 

Jack's parents also refused to consent to a search, but the school searched the vehicle anyways, the lawsuit said. The lawsuit claims that the school violated the Fourth Amendment that protects against unreasonable search and seizure.

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“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 illegal search sets a dangerous precedent, the lawsuit said. 

"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 noted in the 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.” 

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“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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