TexasCHLforum.com

He has a CHL and was not in the building...

http://www.foxnews.com/story/0,2933,304636,00.html

Does that not exclude him from the federal school/gun free zone statutes since he was simply on the grounds?

From the article:

"Weinsier has a concealed weapons permit, but state law prohibits anyone from being armed at schools, police Detective Ed Torrens said"

So it looks like he was arrested on state charges. Of course, I do not think they really mean 'anyone' when they say 'anyone'.

I think he is free of the federal laws, but I don't know if Florida bans guns on school property or not. Even in Texas, he would have been guilty once the officer told him to leave the proeprty and he refused.

In Texas, if and only he carries it within parking lot and not on schoold biuildings and gym.

Florida law is vague on the definition of premises, at least under my read.

I asked someone that lives there, and their take is that ALL SCHOOL PROPERTY is banned from carry. Their law isn't written like ours, where premise = building; it includes any property owned by the school basically.

I guess I was thinking that since the federal law excludes CHL holders he was OK but I was basing that on TX laws and not the more vague FL laws.

Here is a link to the video on Channel 10's page http://www.local10.com/news/14411684/detail.html he was on the sidewalk out in front of the school and was declining to go across the street.

EDIT: He went across for a little while, but decided to go back across and they arrested him. This will be a good test case for Florida CWL and the station will back him with legal representation.

So he wasn't on school property - he was on a public right of way (the sidewalk). Then on what authority was he being asked to move since he wasn't trespassing. Hmmm.

Kalrog wrote:So he wasn't on school property - he was on a public right of way (the sidewalk). Then on what authority was he being asked to move since he wasn't trespassing. Hmmm.

Per the Channel 10 page 'Police said they were giving him a lawful order to get off the property and that he was within 500 feet of a school.' Don't know what the laws in Florida state about that if they have any laws about school vicinity even if public property.

Kalrog wrote:So he wasn't on school property - he was on a public right of way (the sidewalk). Then on what authority was he being asked to move since he wasn't trespassing. Hmmm.

Hmmmm, yeah...

That whole idea about property lines, right-of-ways, and easements isn't that important...

http://www.texasshooting.com/TexasCHL_F ... hp?t=10859

And they only discovered the "gun" after searching him...

So what prompted the "lawful order" to go across the street???

Wasn't the gun they didn't discover till after they arrested him...

Wasn't the permit he never showed them before he was arrested...

Must have been something else that got the school police to perceive some sort of danger or threat to prompt a "lawful order" to be issued...

If those are the actual charges (stated in the story) that are being levied against him...

I think he's got a good case, I think he'll beat the rap...But man, is it expensive!!!

I think they just didn't want them that close to the building when school kids were being released. I don't know if they have some type of law that allows them to prohibit individuals from being within 500 feet of a school at the LEO's discreion, but I doubt it. I think the .38 was a bonus for them to make a charge.

Per Florida statute 790.06(12) it prohibits a CWL holder from a school 'facility', and 790.115(1) allows them within 1000 feet of the school. Facility has always been defined as a structure or building when I have heard it used.

This will be a good one to follow and see what comes out of it.

stevie_d_64 wrote:So what prompted the "lawful order" to go across the street???

One big assumption: that the officer's initial order was lawful. The media is commonly given UNlawful orders to leave areas that are being occupied by the general public (discrimination under the first amendment). If the order to leave was unlawful (the officer just didn't want the damn cameras near him), then the discovery of the weapon was fruits of an illegal search and will thus be inadmissible in court.

Apparently there is a Florida law about being within 500 feet of a school without a business reason to be there; it is called the 'School Safety Zone.' This is the law that was passed in 2002 http://election.dos.state.fl.us/laws/02 ... 02-192.pdf It is a 2nd degree misdemeanor.

Here is a link to an article on an arrest where the Gideons were passing out bibles http://www.citizenlink.org/CLBriefs/A000004293.cfm

srothstein wrote:Even in Texas, he would have been guilty once the officer told him to leave the proeprty and he refused.

I have to disagree with you on this one Stephen, if we are dealing with a public school. TPC §30.06 can't be used by any governmental agency and TPC§30.05 doesn't apply, if the sole reason for the exclusion is the possession of a gun by a CHL.

Chas.