Marine_from_Heaven
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Arrested for possession of a weapon on school grounds
- Thread starter Marine_from_Heaven
- Start date
Thos.Jefferson
Regular Member
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Sounds like you need a really GOOD lawyer.
Sounds like you need a really GOOD lawyer.
buketdude
Regular Member
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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.
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.
GoldCoaster
Regular Member
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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!
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!
gluegun
Regular Member
imported post
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.
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.
gluegun
Regular Member
imported post
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.
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.
mrjam2jab
Regular Member
imported post
deleted by request
deleted by request
gluegun
Regular Member
imported post
Ah, thanks for the clarification mrjam2jab. I think we all missed that.
Ah, thanks for the clarification mrjam2jab. I think we all missed that.
HankT
State Researcher
imported post
Marine_from_Heaven wrote:
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.
Marine_from_Heaven wrote:
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.
buketdude
Regular Member
imported post
gluegun
Regular Member
imported post
buketdude wrote:
I'll see if I can find the letter. I know i posted it somewhere...
buketdude wrote:
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...
gluegun
Regular Member
imported post
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:
On carrying in a bar, etc.:
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:
On carrying openly:
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.:
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.
Thundar
Regular Member
imported post
Marine:
Here is my advice.
1) Delete your post
2) STFU
3) Hire a really good lawyer.
4) State Police can't take your license. Don't give it to them.
Marine:
Here is my advice.
1) Delete your post
2) STFU
3) Hire a really good lawyer.
4) State Police can't take your license. Don't give it to them.
Thundar
Regular Member
imported post
This is another case of where telling police you are armed might turn out really bad.
This is another case of where telling police you are armed might turn out really bad.
atrule
Regular Member
imported post
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=6wXkI4t7nuc&feature=player_embedded
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=6wXkI4t7nuc&feature=player_embedded
Lenny Benedetto
Regular Member
imported post
atrule wrote:
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!!!!
atrule wrote:
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!!!!
JUMPMASTER
Regular Member
imported post
"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.
"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.
JUMPMASTER
Regular Member
imported post
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.
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.