Felon with homemade firearm arrested in a sensitive place.

[dblas]

?

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.

This right here, is what happened.

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.

This is generally the case.

 

[FrankZ]

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).

D&D taught me you never fight the city guard.

Sailing taught me that it is better to be the spectator than the spectacle.

 

[Mark75H]

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.

So, Baltimore City shouldn't prosecute heroin possession?

 

[44 Bulldog]

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.

I often worry about that, I travel Rt 2 in Harwood and go by Southern High School if a officer pulls me over at the school do I take that chance and say I'm armed or just don't say anything.

 

[Sticky]

Just don't be speeding through the school zone when it's enforceable..

 

[lazarus]

So, Baltimore City shouldn't prosecute heroin possession?

Huh? Heroin possession is a state crime as well. As an example, cannabis is no longer a state crime in small amounts. Still a federal crime. Nope, don’t think local and state resources should be chasing people down for cannabis possession and turning them over for federal prosecution.

 

[lazarus]

Just don't be speeding through the school zone when it's enforceable..

A lot of that. But you know. Don’t carry loaded guns in your vehicle. Or have a handgun permit and then a loaded handgun is fine. And also don’t pull over on school property. Put your hazards on and pull over on the side of the road not on school property or drive past the school before pulling over.

Why the heck would you tell the cop anything other than answers to their questions?

 

[Sirex]

When I read "sensitive place", and I the only one who thought they caught him carrying it in his prison wallet?

 

[jc1240]

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.

I was responding to a post I misread and I was later corrected.

 

[Doctor_M]

I often worry about that, I travel Rt 2 in Harwood and go by Southern High School if a officer pulls me over at the school do I take that chance and say I'm armed or just don't say anything.

No duty to inform unless directly asked. If I had the lights behind me, I'd put on the hazards and then slowly drive a safe distance beyond the school, just for a little extra piece of mind.

 

[dblas]

I often worry about that, I travel Rt 2 in Harwood and go by Southern High School if a officer pulls me over at the school do I take that chance and say I'm armed or just don't say anything.

Federal law exempts permit holders and those traveling to/from firearms related events from the law, Maryland law is ON school property.

So, if you are pulled over in a school zone, you have no issues to worry about (for now).