Felon with homemade firearm arrested in a sensitive place.

[coinboy]

A felon with a stolen car in Baltimore City was arrested after a chase ended within 500 feet of a school zone (1,000 feet is the law) with a P80 firearm. He was charged and pled guilty about three weeks ago.

 

[scottyfz6]

They chased him in to the school zone, that should not apply here, if you ask me. It would be like getting pulled over and being told to turn onto a street that is with in 1000 feet.

I did not not watch the video, what did he actually get convicted of? edit I watched it, I still disagree with it.

 

[coinboy]

They chased him in to the school zone, that should not apply here, if you ask me. It would be like getting pulled over and being told to turn onto a street that is with in 1000 feet.

I did not not watch the video, what did he actually get convicted of?

That is the point of this post.

That if sensitive areas are banned, then if you are pulled over in one or chased into one and legally carrying, then it's chargeable.

He was charged with being in possession of a firearm within a school zone.

They said it's rarely or never prosecuted yet they now want to go harshly after gun crimes.

The video will tell you all you need to know.

 

[scottyfz6]

see my edit

 

[coinboy]

see my edit

See my edit too.

 

[rickyp]

They chased him in to the school zone, that should not apply here, if you ask me. It would be like getting pulled over and being told to turn onto a street that is with in 1000 feet.

I did not not watch the video, what did he actually get convicted of? edit I watched it, I still disagree with it.

I kind of agree with you, they chased and basically forced him there. I do think he should be charged with lot of other crimes and actually not see the light of day for very long time.

 

[SigNerd]

They chased him in to the school zone, that should not apply here, if you ask me. It would be like getting pulled over and being told to turn onto a street that is with in 1000 feet.

I did not not watch the video, what did he actually get convicted of? edit I watched it, I still disagree with it.

I agree fully. If D&D has taught me anything it's that forced movement doesn't provoke opportunity attacks (and now you know the "nerd" in my username has little to do with my knowledge of Sigs).

 

[outrider58]

Wait just a cotton pickin minute, "well know to police..."? Does he have a record? Is he a prohibited person with a gun?

 

[gtodave]

1,000 feet? Is that a BaltCity thing, or what? These laws are SO f'ing stupid, but I know I'm preaching to the choir.

 

[lazarus]

That is the point of this post.

That if sensitive areas are banned, then if you are pulled over in one or chased into one and legally carrying, then it's chargeable.

He was charged with being in possession of a firearm within a school zone.

They said it's rarely or never prosecuted yet they now want to go harshly after gun crimes.

The video will tell you all you need to know.

I can completely get directed to pull over in one. I don't think I get the "chased in to one". If you are in fact already committing a crime or aren't, but decide to run from the police into a sensitive area, you've made a choice to do something illegal. Maybe you don't know its within 1000ft of a school as you run from the cops. You are, however, still running from the cops. I suppose if you can show that the attempted arrest, detainment, traffic stop, whatever was not lawfully initiated that should get you off. If it was a lawful arrest, detainment, or traffic stop and you run, I don't see the logic of you doing something illegal that leads to another illegal thing meaning you should get off on the 2nd illegal thing.

 

[Afrikeber]

So this tells me to continue to a location that falls out of the sensitive zone at a slow speed with flashers and inside lights on once I realize I’m being pulled over.

 

[MaxVO2]

****After reading the title on this thread I was expecting to read the felon was using 6 o'clock carry, IUW style (inside under wear). Some places are more sensitive than others I guess..

 

[lazarus]

1,000 feet? Is that a BaltCity thing, or what? These laws are SO f'ing stupid, but I know I'm preaching to the choir.

Federal gun free schools zone act of 1990.

Gun-Free School Zones Act of 1990 - Wikipedia

en.wikipedia.org

The law applies to public, private, and parochial elementary schools and high schools, and to non-private property within 1,000 feet (300 m) feet of them. It provides that the states and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition.

My understanding is carry permits in general exempt you. It isn't something that has to be specific in the law of the state SAYING they exempt you. BUT you must have the carry license of the state you are in at the time the way the law is written. It does not, as near as I can tell and have heard, it does NOT matter under federal law if your permit is recognized by the other state. So my MD permit does not allow me to be within 1000ft of a school in Virginia with a gun. Doesn't matter that VA recognizes the permit. I'd need a VA non-resident permit to be exempt.

The link has the specifics (and it was amended in 1995 after SCOTUS struck it down, but the amended version is broadly the same).

Basically the firearm must be unloaded and in a locked container when in the school zone. Or you must have a gun permit. It doesn't specify a carry permit specifically. So in theory an HQL might actually exempt you. Not sure anyone has tested that in a firearm owner's license state.

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Carry licenses do exempt you. That has been tested in court.

Also private property within the 1,000ft is exempt.

 

[lazarus]

So this tells me to continue to a location that falls out of the sensitive zone at a slow speed with flashers and inside lights on once I realize I’m being pulled over.

At least for the federal GFSZA prohibition, if you have a handgun license or the firearm is unloaded and in a locked container (probably trunk would work, but don't hold me to that) then you are fine getting pulled over.

For SB1, you just be screwed.

Also it doesn't really matter that you stop outside. If you are observed passing through, then you were violating the law in SB1 and GFSZA.

 

[jc1240]

Federal gun free schools zone act of 1990.

Gun-Free School Zones Act of 1990 - Wikipedia

en.wikipedia.org

The law applies to public, private, and parochial elementary schools and high schools, and to non-private property within 1,000 feet (300 m) feet of them. It provides that the states and their political subdivisions may issue licenses that exempt the licensed individuals from the prohibition.

My understanding is carry permits in general exempt you. It isn't something that has to be specific in the law of the state SAYING they exempt you. BUT you must have the carry license of the state you are in at the time the way the law is written. It does not, as near as I can tell and have heard, it does NOT matter under federal law if your permit is recognized by the other state. So my MD permit does not allow me to be within 1000ft of a school in Virginia with a gun. Doesn't matter that VA recognizes the permit. I'd need a VA non-resident permit to be exempt.

The link has the specifics (and it was amended in 1995 after SCOTUS struck it down, but the amended version is broadly the same).

Basically the firearm must be unloaded and in a locked container when in the school zone. Or you must have a gun permit. It doesn't specify a carry permit specifically. So in theory an HQL might actually exempt you. Not sure anyone has tested that in a firearm owner's license state.

(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

Carry licenses do exempt you. That has been tested in court.

Also private property within the 1,000ft is exempt.

Which I find to be BS as that is a federal law. Local LEO shouldn't be enforcing it for the same reason they won't do jack about illegal aliens even when specifically requested by the feds.

 

[lazarus]

Which I find to be BS as that is a federal law. Local LEO shouldn't be enforcing it for the same reason they won't do jack about illegal aliens even when specifically requested by the feds.

?

Admittedly I didn't clicking on the video, but he was chased down and arrested on state charges of being in a stolen vehicle and then a felon in possession. State didn't tack on GFSZA charges and couldn't Either it was Baltimore city charges (100yds I thought though) or the feds also charged him separately. Just cause you are arrested by the state doesn't mean the feds won't decide to charge too.

I am sure there are some cases where local/state LEO arrest someone on a GFSZA charge with NO other crimes apparent. But my general awareness is the vast majority of GFSZA charges are because someone got busted for something else and happen to be armed and within 1000ft of a school so the feds drop some charges on them too.

 

[jc1240]

?

Admittedly I didn't clicking on the video, but he was chased down and arrested on state charges of being in a stolen vehicle and then a felon in possession. State didn't tack on GFSZA charges and couldn't Either it was Baltimore city charges (100yds I thought though) or the feds also charged him separately. Just cause you are arrested by the state doesn't mean the feds won't decide to charge too.

I am sure there are some cases where local/state LEO arrest someone on a GFSZA charge with NO other crimes apparent. But my general awareness is the vast majority of GFSZA charges are because someone got busted for something else and happen to be armed and within 1000ft of a school so the feds drop some charges on them too.

Never mind.

 

[lazarus]

Never mind.

I mean, relatedly, I don't think local/state should generally be enforcing federal laws other than very specific instances of being deputized by a federal law enforcement agency for something, or an active warrant from the feds. General federal law enforcement, no. I don't think local/state should be enforcing federal immigration law. Or federal gun laws. Or federal drug laws. Etc.

I DO believe that if you are arrested/charged for something else and local/state suspects a federal law was being broken, that they alert the feds and release to federal custody if requested is entirely reasonable. Whether that is federal drug laws. Federal immigration law. Etc.

 

[dblas]

Which I find to be BS as that is a federal law. Local LEO shouldn't be enforcing it for the same reason they won't do jack about illegal aliens even when specifically requested by the feds.

It wasn't local LE, it was federal coming in after he had already been convicted at the state level. The federal charges are on top of the state charges.
I'm guessing you didn't watch the video.

 

[outrider58]

****After reading the title on this thread I was expecting to read the felon was using 6 o'clock carry, IUW style (inside under wear). Some places are more sensitive than others I guess..

...or did they cuff his wiener?