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Old 01-24-2013, 10:51 AM
smegalicious smegalicious is offline
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  • Apr 2006
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I had an interesting conversation with a friend last night. This person is very anti-AW. I asked him if he liked NY's new law that says it's a felony to bring a gun into a school (or school zone or what ever the exact verbiage). How do the anti-gun people feel about this.

Currently it's against the law but if you do nothing else the crime is a serious misdemeanor. That still can mean big fines and jail time but it's not a felony. My issue with this sort of law is it's the sort that will throw the book at an otherwise law abiding person who crosses the law either by accident or by misunderstanding.

Consider the follow two examples. Someone with a CCW is asked to pick up Jr at school. The person forgets to take the gun off before getting Jr. Now that person faces a felony for an innocent mistake where no harm was cause or intended.

A person has a gun in the trunk of a car (secured as legally required for transport). The person stops to pick up Jr at school. Person gets out to either help load Jrs stuff in the trunk or talk to another parent. While loading the trunk the gun case is noticed and the cops press charges of gun on school property. Again, does a felony seem reasonable in this case?

Certainly if someone starts shooting the school then a gun possession on school property charge is the least of the charges they will face. At the same time if the person is planning something bad but it's stopped before any shooting do we think the gun possession charge is the only thing they can be charged with?

Ultimately are the anti-gun people on this forum comfortable with this level of penalty brought onto someone who makes an honest mistake but has no criminal intent?
Isn't that part of the reason for "prosecutorial discrestion"? We don't necessarily charge every person who has technically committed some level of "crime" based upon the letter of the law.

And, imho, someone w/a concealed carry permit who "forgets" and wears it into school isn't demonstrating the level of reesponsible gun ownership required for that concealed carry.
"You have not converted a man because you have silenced him." -- John Morley

"I just helped your mother kill someone. That 'old lady' enough for you?" -- Tara Knowles