TV reporter arrested for carrying a loaded firearm

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http://www.foxnews.com/story/0,2933,304636,00.html

Miami TV Reporter Arrested for Entering School Property With Gun
Wednesday, October 24, 2007



A television reporter investigating a story on school violence was arrested after carrying a loaded gun onto school property, authorities said.

Jeffrey Weinsier of WPLG-TV, an ABC network, was taken into custody Tuesday at Miami Central High School after ignoring several warnings not to walk on school property, Miami-Dade schools police said.

"Kindly go across the street now," an officer is shown telling Weinsier during the videotaped encounter.

"I'm not," Weinsier replied. The officer then handcuffed him.

Weinsier, 40, was charged with possession of a firearm on school grounds, trespassing on school property with a weapon and resisting officers without violence.

The photographer working with Weinsier, Frank Debesa, said afterward: "Jeff did have a gun on him."

Weinsier began carrying a gun after he received death threats stemming from a series he did about unsanitary conditions at restaurants, according to the station.

"At this point, Channel 10 is still reviewing the circumstances surrounding today's arrest," said Dave Boylan, the station's vice president and general manager.

Weinsier has a concealed weapons permit, but state law prohibits anyone from being armed at schools, police Detective Ed Torrens said.
Weinsier was released from jail on $11,000 bond.

"I've been advised not to say anything," he told Channel 10 afterward. "The videotape speaks for itself. ... I was not trespassing."

A telephone message left on his work voice mail by The Associated Press was not immediately returned

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http://cbs4.com/local/local_story_296181415.html

another take of this.

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http://cbs4.com/local/local_story_296181415.html


Oct 23, 2007 7:34 pm US/Eastern
Police: Ch.10 Reporter Arrested At School With Gun (CBS4) MIAMI A reporter for WPLG-TV Channel 10 was arrested Tuesday afternoon after police allegedly found him on a high school campus with a loaded firearm.

Jeff Weinsier, a reporter for WPLG since 1994, was taken into custody by Miami-Dade school police about 3:30 p.m. Tuesday afternoon, police said, after he refused a request to leave the grounds of Miami Central High School,

According to police, when the reporter was taken into custody he was searched, and he was found to have a loaded handgun. He was later booked into the Miami-Dade county main jail, held on $11,500 bond.

A Miami-Dade police spokesperson said Weinsier was told by school board police not to go on campus, and then was warned three times not to enter the school.

In video of the confrontation between police and Weinsier shown on WPLG, the reporter could be seen arguing with a police officer, who had ordered Weinsier to cross the street.

“Do you understand me,” the police officer said.

“No, I don’t understand you,” Weinsier said.

“Kindly go across-there’s my sergeant right there, kindly go across the street now,” the officer said.

“I’m not,” said Weinsier, and the officer grabbed him, spun him around, ad as the camera captured the scene, he was handcuffed.

Police said Weinsier disregarded the warning and walked on the school grounds and arrested, initially he was charged with trespassing.

When he was searched following his arrest police found a loaded .38 caliber revolver tucked into his waistband.

Sources close to the investigation say Wiensier has a concealed weapons permit and may have been working on an undercover investigation for WPLG at the time of his arrest. The WPLG report on the arrest said Weinsier and his photographer were doing a report on school violence, and the dispute erupted over Weinsier standing on what he considered to be public property, the sidewalk in front of the school.

Officers disagreed, and the confrontation led to his arrest.

WPLG Photographer Frank Debesa, who was working with Weinsier and documented the confrontation, admitted in the WPLG report that Wiensier was carrying a weapon.

“Jeff did have a gun on him,” Debesa said. “A 357 revolver.”

Debesa was quoted in the WPLG report assaying Weinsier was carrying the gun because of threats he had received following a series of television reports he had done on unsanitary restaurants.

According to biographical information on the WLPG website, Weinsier has been reporting for the ABC affiliate for just over 13 years, having joined the staff in September, 1994. He has longstanding ties to South Florida, having graduated from Miami Beach High. He started his career in Gainesville before eventually finding a position in Miami.

A spokesperson for WPLG made a brief statement. "We are reviewing the matter," was the only comment offered.

(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)

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Doug Huffman wrote:

The WPLG report on the arrest said Weinsier and his photographer were doing a report on school violence, and the dispute erupted over Weinsier standing on what he considered to be public property, the sidewalk in front of the school.

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That part caught my attention, too. Anyone know if the sidewalk is considered part of school property in FL?

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dngreer wrote:

Doug Huffman wrote:

The WPLG report on the arrest said Weinsier and his photographer were doing a report on school violence, and the dispute erupted over Weinsier standing on what he considered to be public property, the sidewalk in front of the school.

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That part caught my attention, too.  Anyone know if the sidewalk is considered part of school property in FL?

 

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According to this thread:
http://opencarry.mywowbb.com/forum17/4633.html

A member of our forums was charged for OC'ing in Florida because sidewalks are considered public property.

Here’s the run down. I took the charge, he got me on a tech. My car was parked on the sidewalk and that is not my property. So I open carried on public property when I put my foot on the sidewalk. Guilty, I have to pay court cost, with hold and return of my gun. This is not his original story he told me, he side I can not open carry any where. What is it can I open carry on my property?

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Or maybe sidewalks are only considered public property by Florida when it is convenient for persecution, er, prosecution of gun owners?

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I don't know about FL but I have been told by several people including CWP instructors that in SC the sidewalks beside a school are part of the school property. Only the actual roadway is considered "public" and I can't get a clear answer on parking spaces along the road. Most feel that the parking spaces are not covered on the public access deal. Hopefully when the legislature meets in Jan they will clear this up, it is on the calendar but is still in comittee.

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imperialism2024 wrote:

Or maybe sidewalks are only considered public property by Florida when it is convenient for persecution, er, prosecution of gun owners?

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Reminds me of when Ohio first got it's concealed carry law. There was a plain sight provision inside motor vehicles. Some police/prosecutors tried to say that the holster itself covered up the gun even though the law verbatim specified holstered. Some even tried to argue that IWB holsters were concealed just because a portion of the gun was unseen (same portion as a holster would block). Of course if inside the holster, you had a crack pipe, you bet your ass that would've been plain sight for them!

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youtube clip of news report:
http://www.youtube.com/watch?v=VPPAwo3_7d0

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unrequited wrote:

youtube clip of news report:
http://www.youtube.com/watch?v=VPPAwo3_7d0

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Good find, THANKS!

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Demarest wrote:

imperialism2024 wrote:

Or maybe sidewalks are only considered public property by Florida when it is convenient for persecution, er, prosecution of gun owners?

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Reminds me of when Ohio first got it's concealed carry law. There was a plain sight provision inside motor vehicles. Some police/prosecutors tried to say that the holster itself covered up the gun even though the law verbatim specified holstered. Some even tried to argue that IWB holsters were concealed just because a portion of the gun was unseen (same portion as a holster would block). Of course if inside the holster, you had a crack pipe, you bet your ass that would've been plain sight for them!

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I think there was a XXX-ft restriction that was in the now defunk gun free school zones act. Thats the only thing I can think of. Otherwise I'm not sure why a sidewalk is school property. Gonna try and look athat one up

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The GFSZA was re-instituted after being struck down by the Supreme court. It has an exemption for CHP holders. States are free to enact stricter laws that do affect CHP holders though, such as Virginia has done which only allows concealed handguns in cars while in the school parking lot (owner must remain with the gun and it must remain concealed).

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

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PT111 wrote:

I don't know about FL but I have been told by several people including CWP instructors that in SC the sidewalks beside a school are part of the school property. Only the actual roadway is considered "public" and I can't get a clear answer on parking spaces along the road. Most feel that the parking spaces are not covered on the public access deal. Hopefully when the legislature meets in Jan they will clear this up, it is on the calendar but is still in comittee.

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Resident of SC but not a property owner? As a property owner you should know that the sidewalk is a public easement on your property and that the property owner may be required to install the sidewalk.

As to the 'publicness' of the roadway, 'feelings' are a poor guide as demonstrated by SC motorists suffering from 'cyclist inferiority superstition.' There is as much controversy about the First Amendment Right to peaceably assemble as there is about our Second Amendment Right to KABA.

I do hope that you are a contributor to Grass Roots Gun Rights South Carolina, re the legislature cleaning this up. The NRA/GOSC pays to maintain the status quo, their CWP sinecure.

Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. LAB/NRA/GOP KMA$$

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Move along people nothing to see here.... It's just police business.

What your reporter? Well you need to leave...

Welcome to the police states of America

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Actually I own quite a bit of property in SC. In some cases the road and/or the sidewalk property ownership is maintained by the original property owner and only an easement is granted but in many cases the actual ownership of the property is the state or local government. I own some that falls under both circumstances. In most subdivisions the streets are paved and any sidewalks installed prior to development and then ownership of it is turned over to the local government. When I worked for the electric company it was imperative that we get a blanket easement to install facilities before it was turned over to the government so that we would not have to obtain permits everytime we needed to install a new line.

The only cases I know of where an owner is required to install sidewalks is where it is being developed and deeded over to the city or county. In the cases of schools the sidewalkmay be installed and owned by the local government or by the schools and an easement for public access may ormay not be granted. This is usually more commonat colleges where the sidewalks are installed and maintained by the colleges but the actual street is maintained by the state or county. SC law permits carrying guns on public streets running adjacent to or through schools but does not say anything about sidewalks or parking spaces.

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Some states have books on current gun laws written by lawyers who specialize in the gun law field. In Florida the guy is Jon H. Gutmacher.

I sent him a copy of theOP's news story and the youtube link that unrequited posted. I asked him what he thought about the publicly reportedcase.

Here is his reply. Looks like a bad arrest.


Date: Thu, 25 Oct 2007 11:35:26 -0700 (PDT)
From: "Jon H. Gutmacher, P.A." <j*r@yahoo.com> <-Edited to keep spam away-LW
Subject: Re: Miami Reporter Arrested For Carrying On School Property
To: "n*r*3*17*" <n*r*3*17*@yahoo.com>



I took a look at the video link you attached -- looks like he was legal, and the arrest was bad. The cop was thinking of "display" -- not concealed.

jhg

http://www.FloridaFirearmsLaw.com





n*r*3*17* <n*r*3*17*@yahoo.com> wrote:
Greetings, Mr. Gutmacher.


Just a couple of days ago, in Florida, a case came up where a news reporter was
arrested for having a concealed handgun (he had a CHP) on school property:


[url]http://www.foxnews.com/story/0,2933,304636,00.html[/url]
[url]http://www.youtube.com/watch?v=VPPAwo3_7d0[/url]


The issue seems to narrow down to whether the sidewalk he was on is considered
shool property.

Could you comment on this point? What is your opinion?
I am not involved in any way with any of the participants involved in the case.
I'm just a a law abiding citizen and a gun owner and carrier.


Regards,
HankT

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This arrest has nothing to do with guns. The reporter was doing a story on school violence and the school administration asked him to leave or be charged with trespassing. He stayed off school grounds and kept to the public sidewalk - not trespassing, nor is that a violation of the gun laws.

Make sure you listen carefully to the "charges" at the end of the youtube video. He was charged for having a gun within 500' of a school (not a crime with a concealed permit) and "resisting an officer without violence". Did anyone here see this man resist in any way? As soon as the officer grabbed his arm and said that he was under arrest he complied.

This is a disgusting display of what this country has turned into, and how awful the police treat lawful citizens.

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Sounds like the reporter got his story of school violence.

However the violence was perpertrated by a police officer on the reporter near the school.

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nakedshoplifter wrote:

The GFSZA was re-instituted after being struck down by the Supreme court. It has an exemption for CHP holders. States are free to enact stricter laws that do affect CHP holders though, such as Virginia has done which only allows concealed handguns in cars while in the school parking lot (owner must remain with the gun and it must remain concealed).

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

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Per these links he was 100% within the Law and He WILL be havingthose 2 Cops as his Bit***s.

Unlawful Arrest and under the color of the Law ???

To act "under color of state law" means to act beyond the bounds of lawful authority, but in such a manner that the unlawful acts were done while the official was purporting or pretending to act in the performance of his official duties. In other words, the unlawful acts must consist of an abuse or misuse of power which is possessed by the official only because he is an official.

A person may be found guilty even though he was not an official or employee of the State, or of any county, city, or other governmental unit if the essential elements of the offense charged have been established and the person was a willful participant with the state or its agents in the doing of such acts.

"Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken `under color of' state law." United States v. Classic, 313 U.S. 299, 326 (1941)

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . ." 42 U.S.C. S 1983 (1988)

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Cue-Ball wrote:

and "resisting an officer without violence". Did anyone here see this man resist in any way? As soon as the officer grabbed his arm and said that he was under arrest he complied.

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I watched the video, and I can't see how he resisted arrest at all. Maybe I'm not a lawyer, and maybe"I ain't smart enuff to understand dat dar law" (insert the North Carolina accent I used to have before I moved up here) but if you don't fight back when being arrested, HOW ARE YOU PEACEABLY RESISTING ARREST????!!! Please enlighten me...