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Thread: Arrested for possession of a weapon on school grounds

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    Regular Member Thos.Jefferson's Avatar
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    Sounds like you need a really GOOD lawyer.
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Were you at a K-12 School??? Its not illegal to carry on a college campus in CT. If you were at ECSU and they did this I would file an immediate lawsuit.

    Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony. (a) A person is guilty of possession of a weapon on school grounds when, knowing that such person is not licensed or privileged to do so, such person possesses a firearm or deadly weapon, as defined in section 53a-3, (1) in or on the real property comprising a public or private elementary or secondary school, or (2) at a school-sponsored activity as defined in subsection (h) of section 10-233a.

    (b) The provisions of subsection (a) of this section shall not apply to the otherwise lawful possession of a firearm (1) by a person for use in a program approved by school officials in or on such school property or at such school-sponsored activity, (2) by a person in accordance with an agreement entered into between school officials and such person or such person's employer, (3) by a peace officer, as defined in subdivision (9) of section 53a-3, while engaged in the performance of such peace officer's official duties, or (4) by a person while traversing such school property for the purpose of gaining access to public or private lands open to hunting or for other lawful purposes, provided such firearm is not loaded and the entry on such school property is permitted by the local or regional board of education.

    (c) Possession of a weapon on school grounds is a class D felony.

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    Absolutely, you need to STOP posting details here and retain the services of a very good lawyer. The cops did you no favors, you were in a parking lot, after hours one would presume posing ZERO danger to anyone ("think of the children") and they found an avenue to bang you up for it and took it!

    The state police can't demand your permit, the only body authorized to do such, with a hearing unless it's an emergency revokation, is the board of permit examiners.

    Lawyer up, say nothing more.


    Edit to add after reading Bucketdude: Was it a parking lot of ECSU ? If so, you are going to be a very rich man. Please go after the troopers personally as they charged you with a law that clearly didn't apply.. oh please please please say you were in a college campus parking lot!

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    Colleges and universities are considered post-secondary schools. There is no law against having a gun on the grounds of a post-secondary school. Since you didn't have your permit, the most they should have done was write you up a $39 infraction.

    To parrot what others have said, stop posting details and get a good lawyer. There are 4 listed on the CCDL website: http://www.ccdl.us/ccdl-helpful-links/attorneys

    Also, file an immediate appeal with the Board of Firearms Permit Examiners. It'll be 14 months before your case can be heard, but you only have 90 days to appeal a revocation.



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    Relavent law:

    Sec. 29-32. Revocation of permit. Notification. Confiscation. Penalty for failure to surrender permit. (a) For the purposes of this section, "conviction" means the entry of a judgment of conviction by any court of competent jurisdiction.

    (b) Any state permit or temporary state permit for the carrying of any pistol or revolver may be revoked by the Commissioner of Public Safety for cause and shall be revoked by said commissioner upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued the state permit or temporary state permit pursuant to subsection (b) of section 29-28. Upon the revocation of any state permit or temporary state permit, the person whose state permit or temporary state permit is revoked shall be notified in writing and such state permit or temporary state permit shall be forthwith delivered to the commissioner. Any law enforcement authority shall confiscate and immediately forward to the commissioner any state permit or temporary state permit that is illegally possessed by any person. The commissioner may revoke the state permit or temporary state permit based upon the commissioner's own investigation or upon the request of any law enforcement agency. Any person who fails to surrender any permit within five days of notification in writing of revocation thereof shall be guilty of a class C misdemeanor.

    (c) Any local permit for the carrying of a pistol or revolver issued prior to October 1, 2001, may be revoked by the authority issuing the same for cause, and shall be revoked by the authority issuing the same upon conviction of the holder of such permit of a felony or of any misdemeanor specified in subsection (b) of section 29-28 or upon the occurrence of any event which would have disqualified the holder from being issued such local permit. Upon the revocation of any local permit, the person whose local permit is revoked shall be notified in writing and such permit shall be forthwith delivered to the authority issuing the same. Upon the revocation of any local permit, the authority issuing the same shall forthwith notify the commissioner. Upon the revocation of any permit issued by the commissioner, the commissioner shall forthwith notify any local authority which the records of the commissioner show as having issued a currently valid local permit to the holder of the permit revoked by the commissioner. Any person who fails to surrender such permit within five days of notification in writing or revocation thereof shall be guilty of a class C misdemeanor.

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    deleted by request
    States don’t have rights. People do.

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    Ah, thanks for the clarification mrjam2jab. I think we all missed that.

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    Marine_from_Heaven wrote:
    At about 9:15 January 27 2010.

    .... her and i continued to argue, so we pulled in to a parking lot right off campus like we usually do so i could lock my gun in the trunk and we could talk, after a few minutes tempers got flared so i got out of the car and slammed the door, seconds after i opened the door and apologized, this drew the attention of the 4 windham police officers that were investigating a brake in at the building where we were parked ...
    You didn't see the cops when you pulled into the parking lotand when you were getting out of the car???

    You must have been really angry. Upset. Preoccupied.

    And not prepared. No SA.

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    buketdude wrote:
    Sec. 53a-217b. Possession of a weapon on school grounds: Class D felony. (a) A person is guilty of possession of a weapon on school grounds when, knowing that such person is not licensed or privileged to do so,
    I tried that angle with a letter to DPS asking for clarification. They said having a valid permit doesn't mean your licensed. And you'll notice that at one time the law stated you were exempt from the felony if you had a valid permit to carry. That language was removed from the law...

    I'll see if I can find the letter. I know i posted it somewhere...

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    Found it! The three questions I asked were about carrying on school grounds, carrying into a bar, and carrying openly. The letter was written several years ago, and is dated in terms of what the State must now acknowledge, but...

    http://thehighroad.org/showthread.php?t=228351
    After inquiring here about the legality of carrying a gun on school property, I decided to inquire with the Department of Public Safety and have them clarify the situation. I also asked about carrying in a bar, and open carry, just for good measure.

    I'll quote the relevant sections from the letter:

    On carrying on school grounds:
    The reference to the word "licensed" in subsection (a) of 53a-217b does not refer to the possession of a valid Connecticut State Permit to Carry. A history search of the statute revealed that language in subsection(b) of 53a-217b specifically allowing the carrying of handguns on school grounds by valid permit holders was removed from the statute in 1998. This, in effect brought 53a-217b into alignment with section 29-28, and thus requires persons wishing to possess weapons on school grounds to obtain permission from the board of education or authorized school officials.
    On carrying openly:
    Section 29-28, subsection (b) allows the issuance of a permit, provided such issuing authority finds that "the applicant intends to make no use of any pistol or revolver which such applicant mayh be permitted to carry under such permit other than a lawful use and that such person is a suitable person to receive such permit." ... "Lawful use" and "suitability" place responsibility on the permit hold to use mature judgment, which dictates that every effort should be made to make sure that no gun is exposed to view or carried in any manner that could tend to alarm people who see it.
    Paraphrasing for brevity: If someone is alarmed and police are called, you could be arrested, confiscate your gun, and your permit could be revoked. BPFE has authority to revoke permits and hear revocation appeals.

    On carrying in a bar, etc.:
    [m]ature judgment also dictates that no handgun be carried on the person (even if concealed) unless the carrying of the handgun at the time and place involved is prudent and proper in the circumstances. Titles 29,53, and 53a of the Connecticut General Statutes contain statutes which require the carry and usage of firearms in a prudent and responsible manner as to not cause public alarm or danger. Some examples include Breach of Peace, Reckless Endangerment, and Threatening. The carrying of a handgun into a bar or other place where alcohol is being consumed is considered inappropriate for the circumstances.
    Well there you go. There's no law against carrying in a bar or carrying openly, but do so at your own risk. I do wonder, however, who's "mature judgement" qualifies. I happen to think I'm mature enough to carrying into a bar, or to carry openly.

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    Regular Member Thundar's Avatar
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    Marine:

    Here is my advice.

    1) Delete your post

    2) ****

    3) Hire a really good lawyer.

    4) State Police can't take your license. Don't give it to them.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member Thundar's Avatar
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    This is another case of where telling police you are armed might turn out really bad.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Regular Member atrule's Avatar
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    This is a VERY GOOD TIME to WATCH THIS 40 minute VIDEO!!

    It is done by a lawyer explaining your absolute right to say nothing to the police, and why that is the best wisdom to follow. It is followed up by a policeman telling it from his perspective. He explains that people in society want to be helpful to police, and many have a feeling of showing some sort of guilt if you don't talk. This fellow explains that all of that is wrong thinking.

    Watch and listen:


    http://www.youtube.com/watch?v=6wXkI...layer_embedded

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    atrule wrote:
    This is a VERY GOOD TIME to WATCH THIS 40 minute VIDEO!!

    It is done by a lawyer explaining your absolute right to say nothing to the police, and why that is the best wisdom to follow. It is followed up by a policeman telling it from his perspective. He explains that people in society want to be helpful to police, and many have a feeling of showing some sort of guilt if you don't talk. This fellow explains that all of that is wrong thinking.

    Watch and listen:


    http://www.youtube.com/watch?v=6wXkI...layer_embedded
    atrule,

    I have seen this video before....it is a great learning tool for anyone that finds themselves in a bad situation!!!
    Lawyer up folks!!! and SHUT YOUR MOUTH!!!! No matter what!!!!
    The Connecticut Citizens Defense League is a non-partisan, grassroots organization devoted to advocating rights affirmed by the Constitutions of the United States of America and the State of Connecticut. We are especially dedicated to protecting the unalienable right of all citizens to keep and bear arms, for the defense of both self and state, through public enlightenment and legislative action.
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    "Knowing one is not licensed or privileged to do so"

    He has a pistol permit. That is a license. A CT pistol permit is a license to carry a pistol or revolver.

    I wouldn't trust what the state police said in that email. The poster needs to hire Attorney Ralph Sherman.

    Are there any signs at the entrance to the school grounds that prohibit firearms? If not then he couldn't possibly know that he was not privileged to carry there. The law doesn't say that the carrying of firearms in prohibited unless the one of the four exemptions are met.

    I believe the law was re written in 1998 because previously a teacher, staff member, or visitor that had a pistol permit was able to by state law carry a firearm on school ground regardless of what the policy of the school was. It was changed so that if a school wanted to prohibit the carrying of firearms on school property it could do so.

    That's my take on it and I think that an attorney should argue this case and win it.


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    I can also tell you that there is a State Police Trooper that is assigned as a school resource officer at a regional high school. The trooper is also an assistant coach for at least two sports. While he is coaching he is not in performance of his official duties as a police officer. However, I know that his firearm is still on school grounds I do not know if it is kept in his car or where it is secured. Maybe he even keeps it on him. I do know that I requested through DPS under the FOIA any and all copies of agreements between state policemen and school boards/schools to carry weapons on school grounds. The response I got back is that there is no record of any such agreements.

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