imported post
Dam
LOL......good responses, this is the typical kind of stuff CPSO puts out and somhow they expect you to just swallow and say thanks
I have another response directly from the ada,
Here it is
Regarding the felony possession of firearms you are correct that there is amotor vehicleexception to the rule. Most "thoughtful" lawyers consider this too broad as there is really no constitutional right to have possession in a school zone at present. But nonetheless it is there and I'd think most prosecutors would not indict someone on it but it is an issue. Of course as we talked about the constitutional right to have in a car is a Louisiana right and not a federal one as many states prohibit and the recently decided Heller case did not address.
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However, I quoted the misdemeanor provision that prohibited the illegal carrying of weapons on a "school campus" R.S. 14:95 where there is no exception for a vehicle. I'd think one could argue the constitutional right to have in a vehicle BUT I'd worry that this would not necessarily provide a ironclad defense. Yes the statutes seem to conflict a bit but there is nothing I can do about that -the legislature has to clarify- so to be safe I simply pointed this out.
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I'd think the best advice I'd give a client who desired to carry a weapon in a car AND go on campus regularly, like a teacher, is to write the principal and point out the need for a weapon and advise they had in a car and promise to have it secure at all times. There is of course some risk to this as you'd have to argue if prosecuted that the constitution overrides the statute BUT that is the best I can think of. I know I would not prosecute on this issue but others might. In any event it is there and all I really wanted was to get across the point of no weapons on school property for all the obvious reasons. I actually told one teacher to call me after class and we'd discuss as did not want to tell the entire class legal to carry weapons on campus as thought that would be a vast overstatement. And as stated there is only so much you can do in a 15 minute class. The article is as accurate as my name.
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[size=OK.......so there we have it][/size]
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I have personal knowledge that if you are caught with a gun in your car at school as an employee you will be a gone goose. CPSB policy and in writing. A principal can authorize the possession at school by law but NOT by policy.]
[size=Whats the problem with the public knowing the truth ?? I missed that one][/size]
[size=The school Deputy program is a joke, a killer would have to go to the cop office in the school and ask to be shot. ( at close range I'm sure ) Most of the school cops are only one to a school and spend a lot of strut time around the office and do little else. Last year one had to get two maintenance guys to catch a 13 YO girl for him.LOL...thats just what we need in an active shooter situation][/size]
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Any way, I'm thinkin it'll be a real non comment time for the next article, I think we've let these people know that some one is watching and we KNOW......]
[size=I'm impressed with this ada's decision to answer, and with his honesty in the I''m not sure dept.....he really can't predict what the DA and or the cops will conjure up in any situation][/size]
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