ABC Reporter arrested after having CCW onto school premise

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Weinsier, 40, was charged with possession of a firearm on school grounds, trespassing on school property with a weapon and resisting officers without violence.
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$10 says all the charges end up being dropped.

Point is he was arrested for daring to embarrass the king's schoolmasters. Period.

The officers had to come up with something, so they hit him with the trespassing and illegal CCW charges knowing they won't stick, but its enough to remove him from the scene right then and stop him from finishing his story that would embarrass the king's schoolmasters.
 
What the hell is that?
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Not doing what officers tell you to do instantly. At least how some officers interpret it.

More realistically? Trying the passive resistance thing. Stuff like trying to keep your hands in front of you while the officers are trying to cuff you.

'with violence' would be if you attempt to attack or harm the officers.
 
What the hell is that?
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"Resisting w/out violence" is normally to cover a wide range of things like failing to stop, giving a false name, passive resistance, and the like.

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.
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40SW and Master Blaster: If you look up the thread a bit, you'll see a post that shows FSS 790.01. In it, it's clearly written that a CCW is not allowed to carry at any school. Period. There's no requirement that you muse "exhibit" the firearm, or be in the comission of any other activity. Carrying a gun at a school is against the law.
 
In it, it's clearly written that a CCW is not allowed to carry at any school. Period.
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The law actual says school facility.

If FL defines facility as most states do, that means the builiding, not the surrounding property.

790.115(2)(a)(3) appears to say that it is legal to posses a firearm on the property, but not in a facility, for persons other than students.
 
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.
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Correct. However we are concerned that the presence of a gun will cloud justice or make his station less enthusiastic about backing him on First Amendment grounds.

Masterblaster: Unless "your state" is Florida, the law in your state is irrelevant. Likewise for "the law in Texas."
 
I disagree. I think this is absolutely a gun issue.

I'm interested in whether that charge will stick or not.

Of course, I'm also interested in how his own station will be covering this as time goes on.
 
I disagree. I think this is absolutely a gun issue.

I'm interested in whether that charge will stick or not.

Of course, I'm also interested in how his own station will be covering this as time goes on.
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If he wasn't trespassing then the gun charge won't stick. In fact, none of them will.

That's why this isn't a gun issue. It's a trespassing issue and they happened to have a gun.
 
Florida Statute Criminal Law

790.115(2)(e) The penalties of this subsection shall not apply to persons licensed under s. 790.06. Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except that a licenseholder who unlawfully discharges a weapon or firearm on school property as prohibited by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Okay, section 790.06(12)

790.06(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 area vocational-technical 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.



A FL CCW holder may carry on the school property, but not in a schol facility.

The reporter lincensed for and carrying CCW did not break the law.
 
I really want to start following these type of stories to the end. So often they seem to fade away and the result is never reported on. :cuss:

How can I keep a good eye on these kinds of stories?
 
...kindly refrain from questioning Kirk's First Law of the Internet ("If it is the law in Texas, it is the law everywhere") in public.
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If it ain't it at least ought to be. Even this Okie is willing to conditionaly concede to that, :)
 
I think that the first amendment issues here are even more important than the second amendment ones.

If this reporter gets arrested while the camera is running what would they do to any of us?

I see no trespass, and he didn't carry his CCW "into" a school, or even onto school property. The arrest occurred because the school's hired guns didn't like the fact that he was exposing them to negative news coverage. The subsequent discovery of the concealed weapon is peripheral, and would not be an issue except for the illegal arrest.
 
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Here's a link to the unedited video starting from the first encounter with the LEO to the arrest:

http://www.local10.com/video/14407909/index.html

The cops originally "kindly asked" him to cross the street, which he did, but under protest. The reporter then called somebody, presumably a supervisor to discuss whether or not he should go back, fully anticipating that he could get the arrest on tape and have a great story. So he went back to the school side and stayed on the sidewalk. The cops "kindly asked" him to go back across the street. He refused. They notified him they could tell him what to do if he was anywhere within 500 feet of the school. He refused to leave, they arrested him. The gun had nothing to do with it, except interestingly it seemed that the reporter did intend to go into the school to interview somebody, and would therefore have been carrying a concealed weapon in a school facility, which from what was posted above appears to be a clear violation of the law.

It will be interesting to see what comes of this.

I did get the impression that the cop was maybe a little too used to having people obey his every whim and command.

And I must say the reporter did an excellent job of concealing his gun. He was wearing a tucked in polo shirt and I couldn't see any sign of it. Maybe he was using Thunderwear.
 
I am thinking that we should send a few emails of support for the reporter to the TV station. This way hopefully he will not have to worry about loosing his job.
 
A FL CCW holder may carry on the school property, but not in a schol facility.
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So we're arbitrarily defining school buildings as "facilities", but not parking lots, playgrounds, dumpster enclosures, basketball courts, tracks, football fields, paddleball courts...


I agree that legally, since he was in an area normally accessable to the public, he probably hasn't broken the law. That said, we should be supporting his right to carry on a public sidewalk, and protesting his being charged, despite complying with our CCW law. Anything else is not worth the time it takes to discuss it.
 
Please Call and support the Reporter:
Miami at (305) 576-1010 or at the Broward bureau at (954) 763-4577
 
state law prohibits anyone from being armed at schools

well, except for local police, sherriff office, FBI, CIA, Homeland Security, etc etc.

I think this will be a very interesting case. Journalists can often go and do things that normal folk can't under the guise of 'freedom of the press'. For example, I can tell a 'normal' to get off my property via tresspass, wereas a journalist can often cite 'need to know' and 'no corrupt politician is going to allow you access to his bribery meetings' to sidestep tresspass laws.

It will be an interesting battle to see how these laws all play against eachother
 
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".
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Not sure how it is where this happened , but here in my state it's quite simple. There are property lines, property pins , etc , and the town/city owns 15 feet from the center of the road . Unless they can show that the schools actual property line extends to include the sidewalk , then it's a bogus arrest . Easy enough to find out by going to city hall and getting a property map of that particular piece of land .
 
The interesting thing to me is this:

If you watch the unedited version of the video, he NEVER stepped onto the sidewalk prior to the arrest. He was asked to leave the sidewalk, which he did, under protest.

After talking to the Public Information Officer (according to the reporter) he walked back over there. He was intercepted on the STREET. He was arrested on the STREET.

Interesting.....

Here's another thought. Where did the police take him after they arrested him? Maybe they took him inside the school for processing? Then they discovered the handgun. If thats the case, he would technically have been carrying inside a school.


c2k
 
If thats the case, he would technically have been carrying inside a school.
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Not by his own choice, so there is no violation. The police can't just drive you around town until they find a place that it's illegal for you to be then charge you for it.
 
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".
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Go park your car so that it blocks "your" sidewalk and see if they'll ticket you ... put up "no tresspassing" signs and call the cops every time someone walks on "your" sidewalk and see if they'll do anything about it.

Hell, go dig up "your" sidewalk and see how fast the city shuts you down.


No sir, you don't own, nor do you get to control the sidewalk in front of your house.
 
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