Results 1 to 2 of 2

Thread: How to get this law changed....

  1. #1
    State Researcher
    Join Date
    Jul 2007
    Location
    Bear, Delaware, USA
    Posts
    1,241

    Post imported post

    I know this could technically go under the Delaware section, but I figure that it's more legal than anything else... I have no experience in getting laws changed or even how to go about doing it, so any advice from the VCDL or other activist groups, for whom this is old hat, would be greatly appreciated.

    I'll post pertinent parts of the statute:

    1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F: class A or B misdemeanor. (a) Any person who commits any of the of - fenses described in subsection (b) of this section and does so while in or on a "Safe School and Recreation Zone" shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
    (c) For the purpose of this section, "Safe School and Recreation Zone" shall mean: (1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or any college or university, within 1,000 feet thereof; or
    (2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university; or
    My beef with the above two are the 'college or university' and 'private school' parts... It's private property most usually and I don't know that they can legislate it? Ideally it would be nice to have this entire statute wiped; however, as I work at a college and have just gotten myself onto the Staff Senate, I'm in a prime position to mention, at the very least, the idea of licensed staff/faculty the priviledge of carrying, but not if it's against the law.

    (3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
    My emphasis -- wouldn't this clause, since it's pertaining to anything owned by the county municipality or by the state, be covered under the federal/state firearms exemption, since I'm fairly certain that this was passed after '85.


    (4) In the event that the underlying offense is committed by an elementary or secondary school student, in addition to any other penalties contained in this section, the student shall be expelled by the local School Board for a period of not less than 180 days unless otherwise provided for in federal or state law.
    Mandatory legislated school punishments?

    In any case, is there anything that can be done? Is there anything here that's so unconstitutional that it would be 'easy' to change -- relatively speaking, of course. If not, how could one person realistically go about getting these statutes changed? In Court or otherwise?

  2. #2
    Banned
    Join Date
    Jun 2006
    Location
    Washington Island, across Death's Door, Wisconsin, USA
    Posts
    9,193

    Post imported post

    If not, how could one person realistically go about getting these statutes changed? In Court or otherwise?
    Courts, Judges aren't supposed to legislate from the bench. That's very much what got us to these straits that we now enjoy.

    A statute is properly changed by the governmental body charged with legislation - the legislature, not the administration nor the judiciary.

    I wish that every one could benefit from GRGRSC's Legislative Tactics Seminars. They certainly opened my eyes and were effective in influencing legislation.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •