Wynder
State Researcher
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:
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?
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
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.(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 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.(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.
Mandatory legislated school punishments?(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.
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?