You wont believe this!!!

[ARCHIVED THREAD] - You wont believe this!!!

Posted: 8/27/2004 7:49:26 AM EDT

So I stopped by my local gun shop yesterday and started talking to the shop owner. He told me that one of his customers just got arrested, turns out he sold a gun to a young kid who is 21. He says the kid looks like a gang banger but really has his head screwed on correct and is a real good guy.

Well the kid was driving home after work and got pulled over by a cop for having a tail light out, cop walks up to the car and asks for his ID and insurance papers. Kid tells the cop after giving him his ID that he has his insurance papers in the glove box but he does not want to reach for it as he has his new handgun in a holster inside the glove box.

Cop then freaks out and arrests the kid, now mind you the kid has no record period. Good clean citizen just looks like a ass clown right! Cop tells the kid the reason he is arresting him is that he had a gun within 1000 feet of a school, You see the cop pulled the kid over right next to a public school. He was just on his way home, this kid had no intention of doing anything wrong he just happened to be driving by a school. Turns out the kid didn't even have the gun loaded, the DA is still pressing charges and I think has turned it over to the Feds.

In Florida it is legal to have your gun in your glove box, the state statute states very clearly that you have to have the gun securely encased and cannot be readily accessible. Well having your gun in the glove box in a holster is securely encased this cop just did not like this kid. This kind of shit is getting out of hand. I am sure he will win the case but at what cost? how much will he have to spend in order to defend himself. This reminds me, what if you live next to a school? can you still be arrested for having your weapons in your home but within 1000 feet of a school? I use to live next to a collage campus, it was not on school grounds but was still within 1000 feet. Have any of you guys heard of this type of shit before?

Posted: 8/27/2004 7:53:31 AM EDT

[#1]

That is ridiculous.

If I carry a handgun in my car, I put it under my front seat, never in the glove box.

Posted: 8/27/2004 7:54:47 AM EDT

[#2]

Laws that state you can not have such and such within so many feet of a school are stupid. How can you drive around there are schools everywhere.

Posted: 8/27/2004 7:57:49 AM EDT

[#3]

LOL pretty soon you won't be legally allowed to drive within 100 feet of a school. they'll think of somethig stupid.

Posted: 8/27/2004 7:58:02 AM EDT

[#4]

that sucks the big one

Posted: 8/27/2004 7:58:49 AM EDT

[#5]

i lived in an apartment just down the block from a junior high. wtf do they expect people to do?

Posted: 8/27/2004 8:00:12 AM EDT

[#6]

My understanding is that simply travelling past a school was ruled unconstitutional by the Supreme court. Perhaps one of our lawyers could chime in here but I think that is the case. It is also not enforceable on one's own property. In Ohio, a pistol not on school grounds is not illegal either. Many CCW holders secure their weapons and park on the street.

Posted: 8/27/2004 8:01:12 AM EDT

[#7]

You have GOT to be kidding me

Posted: 8/27/2004 8:02:55 AM EDT

[#8]

That cop needs to get out his law book. I'm not going to type the whole thing out but the brand new law book that the state just sent me plainly states that a properly encased firearm may actually be carried in a vehicle on school property.

If there was a law against driving down the street in front of a school with a firearm 1/2 the state would be in jail!

This is BULLSHIT!

Posted: 8/27/2004 8:04:45 AM EDT

[#9]

This is why I don't keep a gun where I keep my registration.

Posted: 8/27/2004 8:04:54 AM EDT

[#10]

If you home school your child, can you have a firearm in your home?

Posted: 8/27/2004 8:06:04 AM EDT

[#11]

Quoted:
If you home school your child, can you have a firearm in your home?

SHHHHHHHH!!!!

Posted: 8/27/2004 8:07:39 AM EDT

[#12]

I live across the street from an elementary school.

Posted: 8/27/2004 8:08:43 AM EDT

[#13]

Quoted:
My understanding is that simply travelling past a school was ruled unconstitutional by the Supreme court. Perhaps one of our lawyers could chime in here but I think that is the case. It is also not enforceable on one's own property. In Ohio, a pistol not on school grounds is not illegal either. Many CCW holders secure their weapons and park on the street.

This is my understanding as well. The School Zone thing is no more.

Posted: 8/27/2004 8:09:00 AM EDT

[#14]

lawschool.mikeshecket.com/constitutionallaw/unitedstatesvlopez.htm

Posted: 8/27/2004 8:10:01 AM EDT

[#15]

Posted: 8/27/2004 8:10:11 AM EDT

[#16]

Quoted:
So I stopped by my local gun shop yesterday and started talking to the shop owner. He told me that one of his customers just got arrested, turns out he sold a gun to a young kid who is 21. He says the kid looks like a gang banger but really has his head screwed on correct and is a real good guy.

Well the kid was driving home after work and got pulled over by a cop for having a tail light out, cop walks up to the car and asks for his ID and insurance papers. Kid tells the cop after giving him his ID that he has his insurance papers in the glove box but he does not want to reach for it as he has his new handgun in a holster inside the glove box.

Cop then freaks out and arrests the kid, now mind you the kid has no record period. Good clean citizen just looks like a ass clown right! Cop tells the kid the reason he is arresting him is that he had a gun within 1000 feet of a school, You see the cop pulled the kid over right next to a public school. He was just on his way home, this kid had no intention of doing anything wrong he just happened to be driving by a school. Turns out the kid didn't even have the gun loaded, the DA is still pressing charges and I think has turned it over to the Feds.

In Florida it is legal to have your gun in your glove box, the state statute states very clearly that you have to have the gun securely encased and cannot be readily accessible. Well having your gun in the glove box in a holster is securely encased this cop just did not like this kid. This kind of shit is getting out of hand. I am sure he will win the case but at what cost? how much will he have to spend in order to defend himself. This reminds me, what if you live next to a school? can you still be arrested for having your weapons in your home but within 1000 feet of a school? I use to live next to a collage campus, it was not on school grounds but was still within 1000 feet. Have any of you guys heard of this type of shit before?

Third hand info from a gun shop? Sorry, this just does not pass the smell test. As for the "School" law. I've never even HEARD of anyone filing that.

Posted: 8/27/2004 8:11:02 AM EDT

[#17]

Quoted:
This is why I don't keep a gun where I keep my registration.

+1. A cop wont know about any gun I am carrying unless he is searching the car and finds it. I dont keep it wherever my registration and insurance card is at.

Posted: 8/27/2004 8:11:07 AM EDT

[#18]

Quoted:
My understanding is that simply travelling past a school was ruled unconstitutional by the Supreme court. Perhaps one of our lawyers could chime in here but I think that is the case. It is also not enforceable on one's own property. In Ohio, a pistol not on school grounds is not illegal either. Many CCW holders secure their weapons and park on the street.

You sir are correct.

I worry about that shit everyday because I live well within 1000ft of a school. But yes if you are just traveling through the area they can not arrest you for it. A good lawyer or a semi decent public defender can get that tossed right the fuck away. And any judge worth a shit would toss the charges. Course if the DA isn't prick the DA would drop them before the kid even has to see a court room.

Posted: 8/27/2004 8:11:08 AM EDT

[#19]

IF the story is accurate, the cop didn't know the law and was in the wrong.
That said, NEVER keep your gun in the same place as your insurance papers/registration. It's just stupid.

Posted: 8/27/2004 8:11:50 AM EDT

[#20]

Quoted:
That is ridiculous.

If I carry a handgun in my car, I put it under my front seat, never in the glove box.

A handgun is not legal under the front seat in the state of FL. It has to be securely encased and not readily accessible. so no door pockets or under your seat. Glove boxes, center consoles in a bag next to you is legal by defination. This is why i recommend you keep your info in your wallet with your ID. Saves you reaching around in a car while i watch you like a hawk.

J

Posted: 8/27/2004 8:14:02 AM EDT

[#21]

Moronic JBT!

Kid was honest, not a threat...JBT arrests him. What a world, what a world....

Posted: 8/27/2004 8:15:22 AM EDT

[#22]

Quoted:
My understanding is that simply travelling past a school was ruled unconstitutional by the Supreme court. Perhaps one of our lawyers could chime in here but I think that is the case. It is also not enforceable on one's own property. In Ohio, a pistol not on school grounds is not illegal either. Many CCW holders secure their weapons and park on the street.

That was the Lopez case. The Gun-free School Zones Act was held unconstitutional because there was not a sufficient nexus between mere possession of a gun in a school zone and the effect of such possession on interstate commerce (the law was premised on the Commerce Clause).

Lopez involved a federal law though. A state could enact more stringent legislation since it would not need to be premised on interstate commerce and could be enacted under the state's police power. However from tc6969's post it sounds as if FL hasn't and the cop was in error.

Posted: 8/27/2004 8:17:36 AM EDT

[#23]

The US Supreme Court struck down the type of 'gun free' school zone found in Section 922q of the 'Gun-Free School Zones Act of 1990', back in the US vs. Lopez case in 1995, IIRC.

Google that case and see what it says, precisely.

Now, it may be that there is a Florida state law on the subject.....

Eric The(BusyElsewhere)Hun

Posted: 8/27/2004 8:19:24 AM EDT

[#24]

I am normally very pro cop, but that cop gets the asshole award. The NRA lawyers should be all over this hopefully.

Posted: 8/27/2004 8:25:16 AM EDT

[#25]

This reminds me of Ron White's "Drunk in Public" story. You know, the one where the bouncers throw him out of the bar and he then gets arrested for bing "Drunk In Public", Arrest them, they threw me out of the bar, I wanted to be drunk in a bar. It's not the kids fault that he was pulled over near a school, he had no intend of having a firearm within 1000 feet of a school, with no intent I can't see where he can be found guilty of the crime. Tell him to get a good lawyer and I'd be willing to bet that he'll beat the wrap.

Posted: 8/27/2004 8:28:24 AM EDT

[#26]

Quoted:
Laws that state you can not have such and such within so many feet of a school are stupid. How can you drive around there are schools everywhere.

"The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
- Ayn Rand

Posted: 8/27/2004 9:05:21 AM EDT

[#27]

Quoted:
Laws that state you can not have such and such within so many feet of a school are stupid. How can you drive around there are schools everywhere.

The tactic here is to create "acceptable" zones for banning this-or-that, then once people are used to it, expand them.

Just more frog-boiling.

[ARCHIVED THREAD] - You wont believe this!!!

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