La high school student arrest for gun in vehicle
- Thread starter charlie12
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I will venture a guess that he was arrested under the following statute...
§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.
If so, then the arrest was not proper because it would be covered by the exemption at 95.2 C 5...
§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
C. The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
I would like to know the outcome of this.
§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.
If so, then the arrest was not proper because it would be covered by the exemption at 95.2 C 5...
§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
C. The provisions of this Section shall not apply to:
(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
I would like to know the outcome of this.
I'm curious as well. I wonder if this would have helped when I got expelled my junior year for having a knife in my truck.
And no Emperor, I did not tell anybody about the knife. They saw spent shotgun shells in the back of my truck and apparently that gave them cause to search it. They found my knife in my center console.
Sounds like overreach. Sadly enough, had you sued the school board you most probably would have been vindicated. But what most don't understand is to make a Constitutional stand nowadays you need:
A lawyer! And unless that lawyer is going to handle the case pro bono, you are looking at big $.
Lengthy court appearances. To win a Constitutional argument nowadays, you need to go to the US Supreme Court. That could take years. The longer it goes, the more it costs.
If/when you win, I lose! These school boards don't play with their own money! It's our money, so they don't care if they are right or wrong.
Same mentality that had Sharon Broome of Baton Rouge clearly in violation of law by firing Officer Salamoni. He will sue, he will win, we will pay! If that nit-wit Broome had to put up her own skin in the lawsuit game, I guarantee it never happens. This is what all of these dumbasses in public office do.
And I am not going to give a pass to any of the parasitic lawyers or law firms that will advise the school boards, public officials to go forward with their Unconstitutional practices. They know they are taking my money too whether they give their client bad advice or not.
Somehow, they always seem to miss the following part when they arrest some kid with a gun in a vehicle: "and shall be defined as possession of any firearm or dangerous weapon, on one's person". Not to mention the exception for constitutionally allowed possession within an enclosed vehicle. Expel him for schoolboard policy violation, sure they can do that. Arrest him for having the gun in his vehicle, not so much.
Not to argue with you in particular, but I think that could be challenged as well. Not only under the section I referenced earlier, but also under preemption (40:1796). The exception in 1796 that allows for restrictive laws speaks to "public buildings." Is the parking lot a building? Someone would probably have to sue to settle it.
CAJUNLAWYER
crusty old bastard
Several thoughts come to mind.
First, given what has been going on throughout the country these past few months HOW STUPID IS THIS KID TO BEGIN WITH??? He ought to be tried and convicted with Aggravated Stupid at the very least.
Secondly, How in hell would anyone know he even had a gun in the trunk of the car to begin with? Based on what I've read in this post, I would think there is a serious suppression issue in play. However I would think that junior couldn't keep his mouth shut about the gun which is probably what prompted the search and discovery in the first place.
I have told my clients many times over the years that if they keep their mouth shot and are careful in their planning, that they can get away with just about anything. Unfortunately for them, they just ain't bright enough to follow even these two simple steps.
First, given what has been going on throughout the country these past few months HOW STUPID IS THIS KID TO BEGIN WITH??? He ought to be tried and convicted with Aggravated Stupid at the very least.
Secondly, How in hell would anyone know he even had a gun in the trunk of the car to begin with? Based on what I've read in this post, I would think there is a serious suppression issue in play. However I would think that junior couldn't keep his mouth shut about the gun which is probably what prompted the search and discovery in the first place.
I have told my clients many times over the years that if they keep their mouth shot and are careful in their planning, that they can get away with just about anything. Unfortunately for them, they just ain't bright enough to follow even these two simple steps.
The schoolboard sets a policy, not a law, and every kid and their parent(s) signs at the beginning of the year attesting to their understanding of and agreeing to abide by the rules, and the sanctions listed for them. They always state that students can't bring weapons onto campus/school property. He violated that policy, regardless of whether or not the act was criminal. School personnel are not bound by the Fourth Amendment the same way police are, they can demand to search a student's bag, locker, and vehicle, and those are all addressed as policy. If the student doesn't want their vehicle searched, don't park on school property. The long argument might be the legal compulsion to send your kid to school where you are left without choice but to submit to policies you don't agree with, but the response would likely be that you could always homeschool or pay for private school to avoid that (but no private school is likely to have a "weapons friendly" policy, either). I don't anticipate a judge ruling in the kid's favor over expulsion.
I was just looking at this same statute yesterday and discussing it with my son and wife. Seems like there is a clear exemption to this right there in the statute.
Unfortunately 17 year old boys brains are not in their head. I'm sure he "popped-off" to show-off "I gotta gun in my car right now". And not to disparage 17 year olds there are many adults that do the same thing. It's a lesson learned by him, his friends and hopefully anybody reading this thread.
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