Anti-Gun activist breaks Gun Free Zone Law - Page 20
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Anti-Gun activist breaks Gun Free Zone Law


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Old 04-02-2014, 05:16 PM   #191
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So, are you saying that the Sheriff can overrule, say, the FBI or ATF?
Within their jurisdiction I think that they can make a case for ignoring any non legislative regulations they are called on to enforce. I.E. any rules or regulations that were not enacted by Congress and signed by the POTUS in a manner consistent with the Constitution and its Amendments.

Personally I have come to the conclusion that we all should just ignore all the feds like the trolls they are. If enough of us do that (say 3%) they will not have the manpower to force us citizens do what what we don't want to do. Their tyranny abetted by "We the People" simply by complying with all the nonsense they want us to comply with.

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Old 04-02-2014, 05:29 PM   #192
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Not enough, but not "nothing".
Go back to post #151 and read the links posted.
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Old 04-02-2014, 05:57 PM   #193
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Please explain and post NY State Statutes, specifically the Safe Act.

So us where it is legal in NY to carry a firearm with or without a permit on school property.

I'll wait!!
With or without a permit it is only legal for a LEO ( and an active duty LEO does not need a permit. The badge is their LTC.) to carry on school property. Here's a link to ss 265 of the NYS penal law. these are the statutes regarding Possession of a firearm.

http://ypdcrime.com/penal.law/article265.htm#p265.01a

In NY state, you have a choice when you apply for a pistol permit. You can choose to get it to possess in your home, at your place of work, or to CC. On the western end of the state, most of us just go for CC when we fill out the application. The Jackass at the center of this case is an armed security guard with a CC NYS Pistol Permit. His Handgun IS registered with the State of NY. He can legally carry anywhere in the state except for:

School grounds, including all primary, elementary, and high schools, universities, athletic fields, buses, and universities. Any school property is a NO GO.

State, federal, county, town, city, or village halls or courthouses.

Banks and hospitals.

Now, as to why he can not be charged under ss 265. he has a NYS Pistol Permit with a CC status, meaning he is allowed to carry concealed anywhere in NYS except for the above listed places. I have the same type of permit (which i will return upon completing my move to PA, as NY does not allow Non Residents to have a Pistol permit.), and I keep a tight watch on the laws regarding where I can carry and where I cannot. This permit only covers the person listed on the front, and the handguns listed on the permit. The handguns on the permit are registered with the state of NY. IOW, he did not break this law, so the charges MUST be dropped.

Now, on the charge of ss 265.01-a, (Poss on Sch Grnds) he is NOT a LEO, and only a LEO may possess a firearm on school grounds in performance of his duties. On this one, he allegedly broke the law ( he is still innocent until proven guilty, as any of us are promised under the laws of the land), and we will have to see how this one plays out in the courts. Personally, I hope he gets convicted and punished to the full extent of the law. It would be Karmic Justice.

As to the federal law on possession of a firearm within 1000 feet of a school, I don't know about possessing as to if it is legal or not, but i do know that it is illegal to discharge a firearm within 1,000 feet of school property. I think that one's rights as a home owner would trump any possession laws in most cases. This is something I will have to look into further.

Notice to all: I am NOT a lawyer. I do not know all of the laws of my state(s), nor do i claim to. Nothing in this post is to be taken as legal advice, if you want that, make an appointment and go talk to a lawyer in your area. IOW, if you eff up, you are on your own.
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Old 04-03-2014, 01:07 PM   #194
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Within their jurisdiction I think that they can make a case for ignoring any non legislative regulations they are called on to enforce. I.E. any rules or regulations that were not enacted by Congress and signed by the POTUS in a manner consistent with the Constitution and its Amendments.
Well, yes, I'd say they can decline to enforce. But, If the FBI comes looking to investigate, and decides to make an arrest, or otherwise enforce the law, I doubt there is anything state or local can do about it. That's what I meant...

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Personally I have come to the conclusion that we all should just ignore all the feds like the trolls they are. If enough of us do that (say 3%) they will not have the manpower to force us citizens do what what we don't want to do. Their tyranny abetted by "We the People" simply by complying with all the nonsense they want us to comply with.
I'd be inclined to agree, with a few concerns; that is a slippery slope. How do we get together and do that without them picking us off individually? Also, how far do we go in ignoring what they say? Some of us will go WAY too far, that's not good, either. There has to be some kind of law somehow. (It's the same issue as taxes. They collect and waste WAY too much. I don't think I should have to pay what I do. However, the country DOES need to collect money to run...Where is the balance point, and how do we achieve it? Funny thing is, I have never once gotten an answer or acknowledgment on this from people who say we should abolish taxes.)
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Old 04-03-2014, 01:29 PM   #195
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If I remember correctly, we have a law where any Federal LE trying to enforce Federal gun laws will be arrested, with the penalty upon conviction being 5 years in the state slammer. I'm not sure, but I think that's what it is.
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Old 04-04-2014, 11:14 AM   #196
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Uhhh, that doesn't make a ton of sense to me...I don't understand how a state can overrule the feds on a fed law. That's like saying I'm going to your house, and you're going to follow my rules, and if you don't, I'm going to kick your ass.
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Old 04-04-2014, 11:30 AM   #197
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I think a State Law making it a crime to enforce a Federal law can be used by a State to force a court decision on a law the State considers to be wrong.

Just my opinion.
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Old 04-04-2014, 05:48 PM   #198
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Wyoming has a similar law. They don't want Feds coming to their state and violate the Constitution.
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Old 04-04-2014, 11:26 PM   #199
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I LOVE South Carolina. The law here says if you have a CWP you can carry in a school zone as long as you leave it in your car when you go inside the school. South Carolina in general regards the federal laws in that regard as merely "suggestions" that they (we) choose to ignore. If some fed wants to stay in a school zone looking for people to arrest, he will be evicted by school security.
Also, in case of emergency, such as an "active shooter" (I don't know what an "inactive shooter" is), if a person with a CWP goes out to his/her car and retrieves his/her gun and confronts the "shooter", the CWP holder will NOT be prosecuted.
Same here in Kentucky. You can have a firearm on school grounds as long as you leave it in your car.
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Old 04-05-2014, 12:01 AM   #200
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If the person on the school grounds was anti-gay, against abortion, a conservative NY state police would have assigned an officer to thinking up stuff to add to the current list of charges.
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