Question About "1,000 Foot Rule in School Zones"

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it all comes around to the DA's choice to go ahead or not and then the jury decides.

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Sorry, CA_Libertarian, you quoted the law incorrectly. The part you quoted appears to offer stiffer penalties for brandishing a loaded firearm in a daycare center.

Section 417 reads:

(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.

Click to expand...

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LostCoast wrote:

it all comes around to the DA's choice to go ahead or not and then the jury decides.

Click to expand...

This is where knowledge of the statute comes in. I don't belive it would be hard to convince a DA that the wording is vague enough that a trial could go either way, but would instead go your way. . . But I am no lawyer. Figure it is worth the shot.

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marshaul wrote:

Sorry, CA_Libertarian, you quoted the law incorrectly. The part you quoted appears to offer stiffer penalties for brandishing a loaded firearm in a daycare center.

Section 417 reads:

(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed upon
the person, by imprisonment in a county jail for not less than three
months and not more than one year, by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.

Click to expand...

Click to expand...

Good catch. I was doing some hurried research on my lunch break, and even thought to myself that something was amiss.

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I think I remember some other section that expands the definition of "school zone" to inlclude "any place where a teacher is instructingtwo or more students in connection with a school activity!" Can you believe that? I am legally at a bowling alley and unbenownst to me there is a High School bowling team practicing. . . Now I am in a school zone. This is rediculous.
That is why I firmly belive that this section of legislation is to be considered more like the extra penalties for gang members. . . It is not intended to be used to hassle otherwise law abiding people, as is there more to catch someone whom has committed a crime in one of these zones, or for someone whom has criminal intent.

I think this is definately a code we should bring up to judicial review.

It is late tonight, but I will be sure to find it again.