A relative came on school grounds this morning to bring her child to school. Usually the child rides the bus but as it was raining said relative decides to use husbands truck and drive the kid to school herself.
All went well until she was stopped by campus security for going the wrong way on a one way exit. During the process the security officer noticed the butt of a pistol sticking up out of the door tray on the drivers side.
The sherriffs department was called and she was arrested for felony possession of a fire arm. She has been released on bail/bond and now has to get an attorney and will go to a preliminary hearing and then possibly grand jury.
Even tho I'm an NRA member, it's never really hit home like this incident did. I don't know how many times I have been on school grounds with a firearm in the truck with me. This is rural Mississippi where it's common for folk to have rifles and shotguns in there trucks . . .things they are a changing.
I've been talking to a couple of law enforcement officers this evening. One says that according to Mississippi state law she wasn't breaking any laws and was perfectly within her rights. Another says that Federal law says different and that school grounds come under federal law.
__________________ And then shall many be offended, and shall betray one another, and shall hate one another.
I can't believe that it would be unlawful to have a firearm properly cased in your vehicle while dropping your child at school. If that was not the case (no pun), then she should have known better. Rural MS or not, who does not notice a gun sticking out in broad daylight?? Next time put it under the seat or in the glove box. If she didn't notice but the guard did, then I would question that family's gun handling practices (no offense meant).
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Looney tunes deductive reasoning:
--Me smell Mohican burning
--Me last Mohican
--Must be me!!!
--EEEOOOWWW!!!!!
I agree that where the gun was is not where I keep mine but as far as Ms law it was a legal carry. She did'nt even know that the gun was in this truck as she rarely ever drives it. She says what with getting the baby strapped into the car seat and getting her daughter to come on that she never even noticed. The gun was a small automatic that was cupped in a hunting magazine and laid in a compartment built into the door. She says that when the officer saw it and asked her out of the car she was wondering what he saw there and was at a loss tho looking herself until the pistol was actually lifted by the officer.
I personally only carry concealed completly and I never leave my weapon in the car overnight . . .which is the practice they have that I disagree with more than anything else. This could have been prevented had the actual owner of the weapon had maintained control of it. JMO.
__________________ And then shall many be offended, and shall betray one another, and shall hate one another.
Good. We need more ridiculous crimes/charges to bring attention to all the garbage in our system.
They need a "common sense" law, to throw out such ridiculous charges, etc...
though I suspect this would be asking for too much.
From what I know is things tend to move back and forth along the spectrum, too many laws....in response to high crime, then they go to far, and these outrageous events come to light and make people step back and say wait! what the heck!?
A relative came on school grounds this morning to bring her child to school. Usually the child rides the bus but as it was raining said relative decides to use husbands truck and drive the kid to school herself.
All went well until she was stopped by campus security for going the wrong way on a one way exit. During the process the security officer noticed the butt of a pistol sticking up out of the door tray on the drivers side.
The sherriffs department was called and she was arrested for felony possession of a fire arm. She has been released on bail/bond and now has to get an attorney and will go to a preliminary hearing and then possibly grand jury.
Even tho I'm an NRA member, it's never really hit home like this incident did. I don't know how many times I have been on school grounds with a firearm in the truck with me. This is rural Mississippi where it's common for folk to have rifles and shotguns in there trucks . . .things they are a changing.
I've been talking to a couple of law enforcement officers this evening. One says that according to Mississippi state law she wasn't breaking any laws and was perfectly within her rights. Another says that Federal law says different and that school grounds come under federal law.
My husband tells me that Congress passed a law banning guns on school grounds, but the Supreme Court ruled it unconstitutional. So that's not it.
Most likely, her husband has a permit to carry and she does not. That's why she was arrested. My husband has a permit to carry but I don't. (I'm not old enough) So if he left a gun in the truck and I drove off with it, I would be in violation.
Mississippi law would probably be different but, in Michigan, even if you have a permit, if you have a gun in your vehicle, it must be concealed. This can be accomplished just by laying a newpaper or hat over it.
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Proud parents of our own "Daddy's Little Girls"
I heard Jesus He drank wine and I bet we'd get along just fine.
My husband tells me that Congress passed a law banning guns on school grounds, but the Supreme Court ruled it unconstitutional.Â* So that's not it.
Actually, it is. After the SCOTUS ruling, in '95, Congress corrected a few technical details and re-enacted the law. The court since has not taken an opportunity to knock it down. In Heller earlier this summer, Justice Scalia wrote for the majority that their opinion should not be construed as to interfere with school zone laws.
If I'm not mistaken, states can allow concealed carry permit holders to be in exception of that law, but it isn't automatic.
The other exceptions are that the gun be unloaded and in a locked case, or that a person be traversing the school property to access hunting land, with authorization from school authorities.
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Politics, it seems to me, all too long, has been concerned with right or left instead of right or wrong. ~Richard Armour
It is unlawful for any individual knowingly to possess a firearm . . . at a place that the individual knows is a school zone.
This does not apply to (among other things) ii) an individual possessing the firearm who is licensed by the state to do so (concealed carry, but I would venture to say that most states don't allowed CC people to carry at school zones anyways); iii) it is not loaded AND in a locked container
It is unlawful for any individual knowingly to possess a firearm . . . at a place that the individual knows is a school zone.
This does not apply to (among other things) ii) an individual possessing the firearm who is licensed by the state to do so (concealed carry, but I would venture to say that most states don't allowed CC people to carry at school zones anyways); iii) it is not loaded AND in a locked container
18 U.S.C. 922(q)
Yes, according to my old man, under 922(q)(2)(B)(ii) you can possess a firearm in a school zone if you are licensed to carry. A Michigan CPL allows you to have your gun on school property, but you have to leave it in your vehicle and it MUST be concealed.
So, in Michigan, she could be charged under state law or this federal statute. My husband says it's unlikely though, that this new tweaking will pass the Supremes, unless a liberal majority takes over. He bases this opinion on the fact that the Supremes have scaled back on allowing Congress to use the Commerce Clause to interfere with the states.
The initial post doesn't say whether she was charged under state or federal law. It also doesn't say whether she has a concealed carry permit.
Unfortunately, law enforcement seems to be our most effective enemy when it comes to our constitutional rights. So our state and Congressional reps want to make school zones safe. So tell me Mr./Ms. Legislator how these laws are going to prevent some nutcase from going into a school and shooting people. The only thing that makes me more sick than our incompetent legislators sucking up to the liberals is the liberal "men" who wet their panties at the thought that someone might be legally carrying a gun.
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Proud parents of our own "Daddy's Little Girls"
I heard Jesus He drank wine and I bet we'd get along just fine.
The only thing Congress changed in '95 was adding wording to the effect that the law applies to guns that have been moved in interstate commerce or foreign trade. Which leaves precious few exemptions.
The only thing Congress changed in '95 was adding wording to the effect that the law applies to guns that have been moved in interstate commerce or foreign trade. Which leaves precious few exemptions.
I'm out of my element here, but I'm going to guess that the Supreme Court didn't need Congress to tell them that guns move in "interstate commerce" when they made the first decision. It's quite a reach by Congress. If the fact that guns move in interstate commerce justifies this law, then Congress could regulate concealed carry throughout the U.S.
May The Sheep Be With You
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Proud parents of our own "Daddy's Little Girls"
I heard Jesus He drank wine and I bet we'd get along just fine.
Gun Control
