ABC Reporter arrested after having CCW onto school premise

Status
Not open for further replies.
Wow what were those cops thinking??? :confused:

The reporter is with out a doubt NOT going to just lie down and take it. WOW DUMB.

Also he was charged with resisting?? When did he do that?

Does it bother all of you that the standard MO now is to throw a handful of charges at some one and just hope a couple stick? Its kinda like the police don't really feel they need a clear reason to arrest some one, they will just shotgun them with charges and maybe the jury will agree with a couple of them.

That seems SO wrong to me. :fire:
 
high road indeed
Click to expand...

Okay. Given the vague details in the first post article, some wandering of the mind is inevitable. From only that post, it seems the reporter may have been looking to make some statement, or simply been stupid regarding his carry rights and legalities. The first few posts jump the gun and slam the reporter on the basis he is dumb. That is not THR quality, but I think everyone on here is guilty of it at some point, so forgive-forget.

The posts further down are show that even a lost thread can be saved. The better info on the situation came out, people revised their theories, and this has gone from a "stupid reporter" thread to "reporter's rights being violated, hope he wins" thread.

I think information is the most important thing in any thread. THR has room for debate, for all kinds of views, but the moment we stop respecting people and their views (whatever they may be) is when we stop living up to THR standards.
 
he was legaly carrying, apparently on a city owned sidewalk. However most jurisdictions consider the no drug zones around schools to be "school property" simply for increasing jail time for people found with drugs and weapons, the city never gives up possession of the sidewalk/roads contained in that no drug zone.
The guy was playing with fire. All thats left is to see if he can get a good lawyer. He did get better treatment then the rest of us. Most of us non famous, non reporter with video guy along, would have met mr policesmans friends "mr baton" and "mr handgun"
 
Does Florida have a requirement that CCW holders notify any law inforcement of that when they interact with them? In NC it is the law.

That is the only thing I could see them sticking the reporter with in the end. The rest is crap but even an unheeded unlawfull order can still land you in cuffs in the short term if the officer decides they want it that way. Sad, but it will hopefully be resolved in court for all to learn from.
 
Does Florida have a requirement that CCW holders notify any law inforcement of that when they interact with them? In NC it is the law.

That is the only thing I could see them sticking the reporter with in the end. The rest is crap but even an unheeded unlawfull order can still land you in cuffs in the short term if the officer decides they want it that way. Sad, but it will hopefully be resolved in court for all to learn from.
Click to expand...

Florida has no such law.
From the video, this is outrageous. Who the heck are the "school board police?" Good god, what the heck is going on in Miami? Why do you need metro when the "school board police" seem to have run of the city?
Then, he was on the sidewalk in front of the school! I find it very hard to believe that the sidewalk is school property. If it is, then why is it that the property rights of every one else ends before the sidewalk (right of way).
The CCW was a completely separate issue (based on the video), as the gun was not discovered until after he was taken into custody.
 
From State of Florida statutes:

. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
 
Actually, FieroCDSP, my comment was directed at the forum in general, not just this thread.

Hell, we don't have a political forum here anymore because people can't seem to behave.
 
Anyone have a link to the Florida statute that defines "school property"? Does the legislature down there define it?
Click to expand...

Doesn't define "school property" to the extent of whether inside or outside the fence.

Oddly enough, the Florida law that permits firearms in vehicles (without CCW) includes vehicles parked in school parking lots. It even leaves it up to the option of the principal as to whether or not he wants students to have firearms in their vehicles.
 
With CCW on the rise, this is only going to happen more and more. It is probably going to take some pretty high profile "misunderstandings" on the part of the police before the proper procedure gets codified.
 
Maybe we can get this straight, but it keeps getting missed and I don't know why. The reporter was not being bothered by the police for concealed carry. That was a discovery made AFTER the handcuffing.

The reporter appeared to be handcuffed for not following the commands of the officer during a debate with the officer whether or not he and his crew could be on the sidewalk. So the impetus for all of this has NOTHING TO DO WITH GUNS AND CONCEALED CARRY.

The gun was discovered during the search. So IF he was trespassing with a gun on school property, that charge came up after he was cuffed for not obeying the officer and trespassing in general. I don't think he was trespassing as claimed, as most of y'all also feel.

Some of y'all seem to be working very hard to make this a gun issue as the central focus of what was going on and it wasn't the central focus of what was going on. The reporter was not fighting for concealed carry rights. He was fighting to be on a sidewalk in front of a school so that he could do his report. A disagreement occurred between him and the cops and he got arrested. Then the gun was discovered.
 
Local 10 attorney Isaac Mitrani said that a concealed weapons permit allows a firearm within 1,000 feet of a school, but not inside a school and that Weinsier never went into the school.
Click to expand...

Local 10 better get themselves a new attorney because this one obviously doesn't know squat about Florida's gun laws.
 
He got better than I would. As a teacher with a CCW I would receive NO warning or second chance, be fined, and lose my job. This would be true even if the weapon was found locked in a case locked in the trunk of my car parked on school property.
 
790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--

(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.


So , where did he "exhibit" said weapon?
answer: NOWHERE





.
 
Who the heck are the "school board police?" Good god, what the heck is going on in Miami? Why do you need metro when the "school board police" seem to have run of the city?
Click to expand...

In Broward County, the schools have "School Resource Officers" that are actually Sheriff's Deputies. Miami-Dade County is such a mish-mash of cities, towns, and unincorporated areas that the county Sheriff's Office was eliminated, and the duties of the Sheriff are done by the Miami-Dade Metro Police. I can only assume that there was some kind of territorial squabbling regarding Metro officers (who are civil-servant police officers, and NOT Deputy Sheriffs, even though their shields have tiny little five-pointed stars in their centers) working in cities outside their jurisdiction. If you understood Miami and Hialeah politics, you would understand of which I write.

That said, all Miami-Dade School Resource Officers (At least since I was in High School in 1980) are employed by the Miami-Dade School Board.
 
http://police.dadeschools.net/default.asp

The Miami Dade School Police is a full service police agency that provides law enforcement to public schools in Dade County. They are a large department by most standards, over 200 sworn officers and have a good reputation from what I heard when I was looking for a police job in that area.

I am not sure how it works down there, but I work at a federal instalation and our property includes the side walk. Once you hit the street you are off of federal property on on city property. I wonder if the county school has the same situation.
 
It is happening here and if you look back to Germany in the 30's this is how it started. LEO of all types "ordering" the citizen whether lawfull or not, to comply with the "order" or face arrest, detention or worse.

Power in the wrong hands is dangerous then give them a gun and you're helpless to do anything other than comply.

An elder uncle who lived through WWII in Austria warned history repeats itself and generally skips a generation or two before repeating as memmories fade.

Want to travel from Mexico or Canada to the US. "Let me see your papers" passport.
Want to check out that suspicious vehicle, "Pull them over and, "Let me see your papers" DL
What if you are from NYC and don't drive have no DL and are in a state that wants to see your papers and all you have are credit cards with your name on it?

We are beginning a journey down a prickily path. We should turn around look at the map, "BOR & Constitution" and immediately change direction.

As for the post? Guy was on Public Property, Legally carried. It was a NON-event that was fabricated by the officer & his improper user of his arresting powers.

What is this world comming to?
 
It seems to me that a valid movement would be start individual lobbying as well as pressuring the NRA and other organizations to begin lobbying in states that have Shall Issue laws that there should not be any places within the state that concealed carry is prohibited.

I can't speak for other states, but in Michigan the prohibited places are actually the places that CCW not only should be not prohibited, but encouraged. They are exactly the places that would attract terrorists and loons seeking to do the most damage.
 
My sidewalk (OK, I don't have one out in the boonies, but I used to live in town and did) is "my property". The city may hold an easement that allows the public or others access and use but it is "my property". I suspect the sidewalk in front of a school very much "school property".

The police were probably wrong to ask him to leave given that the easement the city has likely allows public access, but unless the way it was discovered gets the charge tossed out...he was carrying on school property.
 
Now the law regarding guns and school property is either an add on that requires you have commited some other offense, or involves brandishing and threatening at a minimum. Just like the law in my state.

The law in my state also says that its an affirmative defense, If you posses the gun pursuant to a course of instruction, competition, or FOR ANY OTHER LEGAL PURPOSE. Having a CCW for self defense is a legal purpose.
 
Status
Not open for further replies.

Similar threads

A
  • Locked
No trespass = No charge
2 3
Replies
52
Views
3K
Robert Hairless
R
Z
  • Locked
News reporter arrested for refusing to leave public sidewalk (with unedited video )
Replies
3
Views
622
geekWithA.45
G
B
  • Locked
6 Guns Found in IL School, Locked Down and 3 Arrests Made.
Replies
18
Views
1K
yongxingfreesty
Y
C
  • Locked
Steven's Point, WI student not charged for gun on school property
Replies
18
Views
1K
ChrisMG
C
V
  • Locked
Madness after girl, 4, draws gun pic at school
2 3 4 5
Replies
123
Views
7K
Sam1911
S
Back
Top