Man arrested for having gun in car at school

[Spike_351]

reading some of the comments was just like reading the oc/cc debate thread on ingo, I had to stop after the first few

 

[Deadly Z Driver]

JURY NULLIFICATION!!!!!

 

[BehindBlueI's]

They wouldn't be rewriting the law for one person, they'd be rewriting it for every law abiding gun owner in the state. .

Jury nullification doesn't change the law at all. A jury doesn't have to explain why they reached the verdict they reached. They just return a 'not guilty' and everyone goes on their way in this one particular case. It basically lets one guy off the hook one time.

 

[88GT]

If he's squeaky clean, then he could maybe get it argued down to a Mis-A with probation in lieu of time, but there's no way the case is going to challenge the legality of the law.

Though I would be surprised if he opted for the full "have my day in court" path, I'd vote to acquit if he did.

 

[j706]

To what misdemeanor charge could this be pled down? Is there a lesser charge? (I've always read here that there was not, so if there is, someone please share! )


I don't know but I am sure they could think of something. Or for that matter they could just drop the entire thing.

 

[Bill of Rights]

Jury nullification doesn't change the law at all. A jury doesn't have to explain why they reached the verdict they reached. They just return a 'not guilty' and everyone goes on their way in this one particular case. It basically lets one guy off the hook one time.

And if it's truly a bad law and enough juries are informed correctly that their duty is to judge not only the facts of the case but also the law itself, the prosecutor will get the idea that this law is not going to bring many convictions, and will hopefully cease prosecuting it, making it a dead letter for all intents and purposes. It's the citizens' only way to directly change the law (by changing the enforcement of it.)

To what misdemeanor charge could this be pled down? Is there a lesser charge? (I've always read here that there was not, so if there is, someone please share! )


I don't know but I am sure they could think of something. Or for that matter they could just drop the entire thing.

That would be one step short of ideal. How likely do you think that latter is, in our current climate of "gunz R bad, mmmkay?" (or is that attitude just a media creation?)

Blessings,
Bill

 

[jedi]

I'm impressed that they quoted the law correctly.

"State law allows a person to have a gun in their vehicle on school property only if they are dropping off or picking up their children."

Bummer for him and his kid.

That is NOT a correct quote of the law.
The law states you must be operating a vehicle and dropping off someone at the school to be OK.

The law does not state that the someone has to be children. You could be dropping off your partner (who is a teacher), the principal ofthe school, a complete stranger, etc.

 

[John Galt]

They are not so blind as those who will not see. Our legislature has gotten a great start with the removal of the "rolling school GFZ" section of the law. They're still blind to the victim disarmament zone portion of that law.

We can only hope they'll wise up in the next session.

There was a bill offered in the House this year, HB 1473, that would have fixed this very problem. The problem is, the bill did not get a hearing in Committee. This is why IT. IS. SO. VERY. VERY. IMPORTANT to write nice, encouraging letters to your state Reps and Senators, ESPECIALLY those in leadership and decision-making positions, so that they are made aware of these tragedies and issues.

 

[DIRTROAD]

I had to say some thing the law is the law but why would you leave it plain site and leave your holster on com on man

 

[jedi]

I had to say some thing the law is the law but why would you leave it plain site and leave your holster on com on man

he left it in plain sight since the gun is like every other tool jist a tool.
you leave a hammer in plain sight dont you?

 

[singlesix]

he left it in plain sight since the gun is like every other tool jist a tool.
you leave a hammer in plain sight dont you?

Yeah and I leave my hammer outside on the porch overnight sometimes, so you going to do that with your gun?

What is a hammer designed to do? What is a gun designed to do? World of difference.

 

[Killion]

I often eat lunch with my girlfriend and her daughter at this school. The food isn't great. What a ****ty last meal. Now Bologna sandwich and a soggy cookie for dinner. It really sucks to be this guy

 

[88GT]

What is a hammer designed to do? What is a gun designed to do? World of difference.

Cars kill more people than guns and were designed for a different purpose. What's the point? We're still allowed to have them on school grounds too.

You attribute to firearms some magical, esoteric quality about them that perpetuates the silly notion that they should be treated differently than every other item of personal possession a person may have. It's just a gun.

 

[singlesix]

Cars kill more people than guns and were designed for a different purpose. What's the point? We're still allowed to have them on school grounds too.

You attribute to firearms some magical, esoteric quality about them that perpetuates the silly notion that they should be treated differently than every other item of personal possession a person may have. It's just a gun.

Why don't you answer the first question I asked. My gun doesn't do magic tricks, so don't know how you came to your conclusion.

 

[littletommy]

Yeah and I leave my hammer outside on the porch overnight sometimes, so you going to do that with your gun?

What is a hammer designed to do? What is a gun designed to do? World of difference.

I would never leave my hammer on the porch all night, and you shouldn't either! It could be stolen, used to gain entry to your home, or used to bludgeon you when you come out to go work in the morning.

 

[singlesix]

I would never leave my hammer on the porch all night, and you shouldn't either! It could be stolen, used to gain entry to your home, or used to bludgeon you when you come out to go work in the morning.

If hammers were dogs I'd be in jail for extreme cruelty

 

[littletommy]

I have a framing hammer that I have owned for almost 30 years, it may be the very first one I ever bought, I actually keep it in the house, not out in the garage with all those other tools. I don't even use it anymore, it has retired from service. I love that hammer!

 

[Pinchaser]

More than any other gun forum I visit on the Net, the members here have the best ability to completely abandon a discussion of the OP's original post and venture on to subjects totally unrelated and, frankly, mind-numbing boring.

Congrats.

 

[sonofd]

he should have taken the holster off but he was stupid and ignorant of the law. I don't feel sorry for him.

I was thinking the same thing. If you are going to exercise your right to carry, you should do your research and know the law.

 

[Punkinhead]

With such a small fringe of society thinking it's OK to leave a loaded gun in plain sight on school grounds I think the "jury nullification" supporters would be better off buying lottery tickets than thinking this moron has a chance.