lunes, 7 de junio de 2010

Gun (Control) Free Zones? A Q&A w/a Local Police Chief Over ISD Gun Laws

Rather than wait until the print-edition of The Palmer Post is out, I thought this would be a good way to spark a discussion and get people's opinions...please specify if you do not want your answers included in the June 14 issue of the paper, though.
Palmer Police Chief John Zaidle Q&A: Gun Laws in School Zones

As a matter of public discourse, The Palmer Post publisher Joey G. Dauben proposed a question to both Palmer Police Chief John Zaidle and Palmer ISD. This question and answer interview is designed to spark independent thinking, judgment and public dialogue.

Question: Some guys at Lee's Gun Repair and I were discussing gun laws, and they brought up something that got me thinking...First, where do those PISD school zone zero-tolerance policies/laws/etc. stop? Do they extend to and over FM 813 or Jefferson Street or Dick Street, or is it just the property that PISD owns? Second, the item of discussion was that in theory, Palmer police could pull over a parent on the shoulder of say, 813, and spot a gun and therefore, the gun would be in violation of the zero-tolerance policy. Or if the police pulled over anyone and they were to drive onto school property in say, a parking lot, the theory went, the rifle in the back window could be in violation of the school zone policy. My intent with these questions is to clear up some of the "rumors" about the gun laws, and inform and educate the public as to what the zero-tolerance policy is on guns.

Chief Zaidle: As with so much of our body of laws, things are not very clear and can be quite confusing. Many times in my law enforcement duties, I am forced to make an educated guess as to what the law currently is, and advise individuals as best I can while trying to navigate them through the mine fields of American Laws. Why do you think we call the decisions of appellate courts "opinions"? Their opinion is not necessarily right, or better than mine or yours. It's just their opinion. Look at all the cases that get reversed; each and every one means that some judge was wrong about the law. Here is the state of things as of now: The Federal Gun Free School Zones Act was re-enacted a few years ago. This law makes it illegal to possess any gun with in 1000 feet of any piece of property that is used by a school. It is vague. Does it cover office space rented out in an office building by the administration of our local school district? What if they rent out a room in a nondescript building for monthly meetings of a school-sponsored activity group? What about home schools? It's all very messy and unclear and there are no easy answers. Until someone gets prosecuted and fights it will we get any judicial "opinions" on what is legal or not under this law. The stated exceptions are for guns possessed in your home, CHL's, and guns unloaded and locked in a container. One must also realize that federal laws are not often enforced. Many local police often will not alert federal authorities to violations of federal laws. Even when they do, the US Attorney's office, often does not trouble itself with prosecuting them. Remember, reliance upon police agencies (or even their attorneys') "opinions" on the law is NO defense if a court disagrees with that opinion. We are all presumed to "know the law" and ignorance thereof is no excuse. This doctrine worked fine in the days when laws were few and simple. Not so today. Not even lawyers and courts can agree on what the law is. As regards our state's 300 foot gun free school zone law, it applies only to handguns, and it excepts CHL's. So, possession of a handgun in your car as you drive to the gun range on a Saturday past an unmarked building where after-school activities are conducted on Wednesdays may still land you in jail and punishable for a felony. Not likely, but possible. Under the law as it is now, "premises" is defined to exclude driveways and parking lots. So a CHL can carry in those places. I hope this helps.

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