17 year old arrested for gun in vehicle at school

[charlie12]

So wonder what the whole story is? If it was only a gun in the vehicle?

http://www.wafb.com/story/33735651/police-gun-found-in-students-vehicle-at-thibodaux-high-was-for-self-defense?utm_content=buffer47adf&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer

 

[whitsend]

There has to be more to the story.

What statue was he charged under?

If RS 14:95.2 and the firearm was in the vehicle as the article states, then under C.(5) the statute would not apply.

http://legis.la.gov/legis/Law.aspx?p=y&d=78741

§95.2. Carrying a firearm or dangerous weapon by a student or nonstudent on school property, at school-sponsored functions, or in a firearm-free zone
A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
B. For purposes of this Section, the following words have the following meanings:
(1) "Campus" means all facilities and property within the boundary of the school property.
(2) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.
(3) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.
(4) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.
C. The provisions of this Section shall not apply to:
(1) A federal law enforcement officer or a Louisiana-commissioned state or local Post Certified law enforcement officer who is authorized to carry a firearm.
(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
(3) Any person having the written permission of the principal or as provided in R.S. 17:3361.1.
(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1 or 1379.3.
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
(6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.
(7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.
(8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.

 

[Whitebread]

So wonder what the whole story is? If it was only a gun in the vehicle?

http://www.wafb.com/story/33735651/police-gun-found-in-students-vehicle-at-thibodaux-high-was-for-self-defense?utm_content=buffer47adf&utm_medium=social&utm_source=facebook.com&utm_campaign=buffer

Maybe his car was his safe space and his gun helped to keep it that way.

Or the young idiot told or threatened another student.

Keep you business to yourself. While living on campus in college I would occasionally leave my hunting rifle in the truck. Tucked away from prying eyes might I add. You just got to not be a dumbass and you can get away with so much more that most would think about.

 

[Whitebread]

There has to be more to the story.

What statue was he charged under?

If RS 14:95.2 and the firearm was in the vehicle as the article states, then under C.(5) the statute would not apply.

http://legis.la.gov/legis/Law.aspx?p=y&d=78741

Interesting I know teachers who will not leave a gun in their car for fear of the "gun free zone."

 

[DAVE_M]

I'm interested to read the parts of the story we aren't seeing.

 

[charlie12]

I'm interested to read the parts of the story we aren't seeing.

Me too Dave

 

[rtr_rtr]

I thought the federal law generally prohibited carrying of a pistol by individuals less than 18. Not something I've thought much about though

https://www.law.cornell.edu/uscode/text/18/922

(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or ammunition to a juvenile or to the possession or use of a handgun or ammunition by a juvenile if the handgun and ammunition are possessed and used by the juvenile—
(i) in the course of employment, in the course of ranching or farming related to activities at the residence of the juvenile (or on property used for ranching or farming at which the juvenile, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun;
(ii) with the prior written consent of the juvenile’s parent or guardian who is not prohibited by Federal, State, or local law from possessing a firearm, except—
(I) during transportation by the juvenile of an unloaded handgun in a locked container directly from the place of transfer to a place at which an activity described in clause (i) is to take place and transportation by the juvenile of that handgun, unloaded and in a locked container, directly from the place at which such an activity took place to the transferor; or
(II) with respect to ranching or farming activities as described in clause (i), a juvenile may possess and use a handgun or ammunition with the prior written approval of the juvenile’s parent or legal guardian and at the direction of an adult who is not prohibited by Federal, State or local law from possessing a firearm;
(iii) the juvenile has the prior written consent in the juvenile’s possession at all times when a handgun is in the possession of the juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the Armed Forces of the United States or the National Guard who possesses or is armed with a handgun in the line of duty;
(C) a transfer by inheritance of title (but not possession) of a handgun or ammunition to a juvenile; or
(D) the possession of a handgun or ammunition by a juvenile taken in defense of the juvenile or other persons against an intruder into the residence of the juvenile or a residence in which the juvenile is an invited guest.
(4) A handgun or ammunition, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this subsection shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the conduct of the juvenile, but shall be returned to the lawful owner when such handgun or ammunition is no longer required by the Government for the purposes of investigation or prosecution.
(5) For purposes of this subsection, the term *juvenile* means a person who is less than 18 years of age.

 

[general mills]

I'll bet you would find in the school policy where a student, and likely a teacher as well, is not allowed to poses a firearm on campus, including a vehicle. I know the law about employers and alternate parking and such, but the last two jobs I've had don't care about that law, and I bet the school doesn't either. And the student is not an employee, but a minor student.

 

[whitsend]

I thought the federal law generally prohibited carrying of a pistol by individuals less than 18. Not something I've thought much about though

https://www.law.cornell.edu/uscode/text/18/922

It doesn't sound like he was charged under this statute.

Plus in LA the age is 17. Not sure how these difference are worked out legally.

http://legis.la.gov/legis/Law.aspx?d=78747

RS 14:95.8

§95.8. Illegal possession of a handgun by a juvenile
A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person. Any person possessing any handgun in violation of this Section commits the offense of illegal possession of a handgun by a juvenile.
B.(1) On a first conviction, the offender shall be fined not more than one hundred dollars and imprisoned for not less than ninety days and not more than six months.
(2) On a second conviction, the offender shall be fined not more than five hundred dollars and imprisoned with or without hard labor for not more than two years.
(3) On a third or subsequent conviction, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than five years.
(4) A juvenile adjudicated delinquent under this Section, having been previously found guilty or adjudicated delinquent for any crime of violence as defined by R.S. 14:2(B), or attempt or conspiracy to commit any such offense, shall upon a first or subsequent conviction be fined not less than five hundred dollars and not more than one thousand dollars and shall be imprisoned with or without hard labor for not less than six months and not more than five years. At least ninety days shall be served without benefit of probation, parole, or suspension of sentence.
C. The provisions of this Section shall not apply to any person under the age of seventeen years who is:
(1) Attending a hunter's safety course or a firearms safety course.
(2) Engaging in practice in the use of a firearm or target shooting at an established range.
(3) Hunting or trapping pursuant to a valid license issued to him pursuant to the laws of this state.
(4) Traveling to or from any activity described in Paragraph (1), (2), or (3) of this Subsection while in possession of an unloaded gun.
(5) On real property with the permission of his parent or legal guardian and with the permission of the owner or lessee of the property.
(6) At such person's residence and who, with the permission of such person's parent or legal guardian, possesses a handgun.
(7) Possessing a handgun with the written permission of such person's parent or legal guardian; provided that such person carries on his person a copy of such written permission.
D. For the purposes of this Section "handgun" means a firearm as defined in R.S. 14:37.2, provided however, that the barrel length shall not exceed twelve inches.
Acts 1999, No. 1218, §1.

 

[whitsend]

I'll bet you would find in the school policy where a student, and likely a teacher as well, is not allowed to poses a firearm on campus, including a vehicle. I know the law about employers and alternate parking and such, but the last two jobs I've had don't care about that law, and I bet the school doesn't either. And the student is not an employee, but a minor student.

You don't get arrested for breaking school policy.

Based on the facts stated, pistol in vehicle of a 17 year old student on campus, there doesn't appear to be any violation of the law.
See RS 14:92.2 and .8 posted above.

That is why I say there has to be more to the story.
If not........$$$$

 

[AustinBR]

I don't see anything the kid did wrong. On the WAFB Facebook post people are saying that it's against the law to have a gun in the car, and people are trying to educate them otherwise by quoting the law...to no avail. I almost commented, but I see no sense in arguing with idiots.

It's like trying to teach a pig to sing: You get nowhere, and you annoy the pig.

 

[charlie12]

It doesn't sound like he was charged under this statute.

Plus in LA the age is 17. Not sure how these difference are worked out legally.

http://legis.la.gov/legis/Law.aspx?d=78747

http://www.legis.la.gov/legis/Law.aspx?d=78747

 

[JR1572]

It doesn't sound like he was charged under this statute.

Plus in LA the age is 17. Not sure how these difference are worked out legally.

http://legis.la.gov/legis/Law.aspx?d=78747

95.8 doesn't apply to this. The suspect is 17 years old and the firearm has to be on the juvenile's person.

Either there's more to the story or someone messed up.

JR1572

 

[whitsend]

95.8 doesn't apply to this. The suspect is 17 years old and the firearm has to be on the juvenile's person.

That's point I was trying to make, but when I read back over my post, I didn't make it real clear.

Either there's more to the story or someone messed up.

JR1572

I will work with the assumption that there is more as my initial response, but if not......

I got to thinking about "what if this was my son?", and if this was all of the story I would be livid. I would be calling news media, an attorney, the sheriff, and blowing in BS.
But that is one of many reason I love rural living and my sons' private school. They have teachers with CHP that carry at school. So I don't think either of them having a firearm in the vehicle would be an issue.

 

[JR1572]

That's point I was trying to make, but when I read back over my post, I didn't make it real clear.



I will work with the assumption that there is more as my initial response, but if not......

I got to thinking about "what if this was my son?", and if this was all of the story I would be livid. I would be calling news media, an attorney, the sheriff, and blowing in BS.
But that is one of many reason I love rural living and my sons' private school. They have teachers with CHP that carry at school. So I don't think either of them having a firearm in the vehicle would be an issue.

I guarantee the school pushed this issue. The police should have stood their ground and said "no, there is no charge to fit this." However, we all know how that goes.

JR1572

 

[charlie12]

That's point I was trying to make, but when I read back over my post, I didn't make it real clear.



I will work with the assumption that there is more as my initial response, but if not......

I got to thinking about "what if this was my son?", and if this was all of the story I would be livid. I would be calling news media, an attorney, the sheriff, and blowing in BS.
But that is one of many reason I love rural living and my sons' private school. They have teachers with CHP that carry at school. So I don't think either of them having a firearm in the vehicle would be an issue.

Teachers carrying at school with a CHP?

 

[charlie12]

Maybe he needs to go ahead and get a motorcycle endorsement

 

[JR1572]

JR1572

 

[whitsend]

Teachers carrying at school with a CHP?

I only have indirect knowledge of this, haven't looked into the legal issues involved, and am not a lawyer, but my understanding is with school board approval it's allowed. It is a private school, not sure if that has a bearing on the issue.
I like the idea and approve of it, but really haven't spent much time thinking about it.


Edit:
Now that I think about it, based on where I got the information, said teacher or teachers my be reserve deputies, not carrying based on CHP.

 

[XD-GEM]

Anyone with more info on this story, please post it. I made all of these arguments to people at work and got mostly shrugs. There must be more to the story.