imported post
The Donkey wrote:
Toymaker wrote:
The Donkey wrote:
Think that the US Supreme Court overturned the national gun free school zones law on federalism grounds.
The original 1990 GFSZ act was overturned by a Rhenquist led US Supreme Court in 1995 in United States v. Lopez on the grounds that Congress overstepped it's bounds.The commerce clause of the Constitution did not support the act.
Congress quickly reenacted a second GFSZ act immediately following that decision in 1995 requiring thata prosecutor prove as part of each prosecution that the gun moved in or affected interstate or foreign commerce.
http://www.fau.edu/~tunick/courses/conlaw/gunlaw.html
I wonder whether there have been any prosecutions at all under the 'new' law?
Thanks for that link. The information contained there was very revealing, and I am very appreciative that you have dug this up. It would seem that the burden of proof lies with the prosecutor to show that possession of the gun in the "school zone" must have interfered with interstate commerce in order for a charge to stick.
The wording in the text is also very disturbing to me because it comes across that the mentality of its crafting authors is such that they believe that making a federal law prohibiting guns on school property, or "zones", will deter criminals and juvenile offenders from bringing firearms there.
This mentality among law makers has infuriated me for as long as I can remember. These "leaders" whom we have elected to represent our interests are ignorant and lack even the slightest hint of common sense and intellect when it comes to the issue of gun control.
The gun free zone act is the perfect example of a biased and flawed mentality. Before the law was even put into effect, there were already laws in place that would allow prosecutors to imprison and fine individuals who brought guns to school. Most students in the K-12 fall into the age range from 5 to 17. As far as we can tell, the gun free school zone act only covers K-12. Higher education facilities are not included in the law. In almost every single state in the union, it is illegal to purchase or own a handgun if you are under the age of 18. In some states, the age is 21 or higher. A violation of these statutes is almost always a class B misdemeanor or worse and usually carries hefty fines, a 6 month jail sentence or more, and in some cases, community service and probation on top of all of that. You can also bet the person will be permanently expelled from that school.
The point I'm getting at is obvious. If you are in K-12, and you have a gun, and you get caught with it, you are already in violation of the law and may be charged with illegal possession of a firearm if you are under age. This would be the case 99% of the time. Now for the second obvious thing on the list: The issue of concealment. How many states in the union allow a person to conceal a handgun without a permit. Also, once again addressing the age issue, most states will not even allow you to apply for a permit until you are at least 18-21 years of age. You can bet your bottom dollar that students in K-12 will not be licensed to carry a concealed handgun.
So, thus far, we have two charges that almost any state entity can throw at a student caught with a gun on school grounds. The first charge is illegal possession of a handgun, and the second is carrying a concealed dangerous weapon without a license. Now I'm no genius, but with those two charges alone, the guy or gal is looking at a possibility of at least 1 year in jail, hefty fines, being expelled, the possibility of community service and probation. The only catch on all of this is that the people in this age range are all minors. A common sense approach to actually help solve this problem is to craft a common sense law that punishes these child offenders as adults. A little jail time just might straighten them out before it's too late. Of course, there would have to be special concessions in place during their sentences as to rehabilitation and things of that nature so that their entire lives are not lost on a gun charge that they had on them when "they were just a kid", as society so politely puts it.
My conclusion: What in the hell are these idiots thinking when they draft more stupid freaking laws to "get the guns out of our school grounds", when all of the laws to prosecute and imprison people carrying guns to school are already in place and on the books nationwide? I mean, honestly, what is wrong with these people? Do they think everybody else in this country has "STUPID" stamped on their foreheads?
I would like for those legislators to show me one case before this stupid law was implemented where a student bought a gun to school and no corrective action was taken. They don't just slap you on the wrist or send you to the corner and say, "Naughty! Don't bring a gun to school again or your in big trouble". There was no doubt that the gun was confiscated, the parents and local law enforcement were notified, and the student was most likely expelled. How does a new law help solve the problem of guns in schools? It doesn't. Besides, they are all minors, remember? Unless you are planning on charging the children as adults, the stupid law has no effect anyhow. Also, how many K-12 students do you know that are aware of the firearms laws in your area? Hell, even local law enforcement are sometimes not entirely aware or comprehend their own firearms law.
This law only hurts law abiding citizens open carrying without a permit caught off guard in a school zone they most likely did not know they were in!
Stupid law makers!!! Idiots I tell ya... Idiots!!!
Kevin
