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Want to carry in a school zone with out fear of arrest

georg jetson

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XD-GEM wrote:
georg jetson wrote:
XD-GEM wrote:
I have strongly disliked the "Firearm Free School Zone " law as long as I have been carrying. I live 1050 feet from a school. Although I can walk in front of my house without troulble, I can't walk around the block (like to walk the dog) while carrying. So I do hope that these bills become law. Perhaps some people will come to see that it is not the gun, but the person who wields it that may be a problem.

But I know we cannot convince everyone. The most ardent anti-gunners and the hopelessly hoplophobic will never come around. Anyone who watched the testimony at the House Criminal Justice Committee yesterday saw ample evidence of that.

Some of the anti-gun questions and some of the anti-gun testimony stood boldly against all arguments of logic - the finest was when the woman from the Department of Education simply ignored the fact that under current law, a gun owner whose property abuts a school can sit in his backyard facing the school and hold all of the guns he wants; and there's nothing that can be done to stop him (unless, of course, he actually threatens someone with the guns). Her reply was that she understood that but didn't want to pass a law that would bring guns any closer to children than they are now.
Did anyone bring up the point that the La. state legislature does NOT have the power to regulate open carried firearms, therefore prohibiting concealed carry near a school is a moot point?

No, and I'm convinced such a presentation would have gone in one ear and out the other of the people who opposed the bill. Rep. Wooton several times pointed out the example of the guy in the next yard and pointed out that he did not have to be licensed in any way. He followed that with a statement to the effect that CHP holders are among the most trustworthy people in the state - they've been investigated, found clean, and are statistically less likely to commit ANY crime than the general population.

Those in opposition were not impressed, but did offer that perhaps the zone was too big and could be reduced to 500 feet as a compromise. Rep. Wooton said no, that it makes no sense to criminalize the guy at 500 feet, but not the guy a 510 feet. He stressed that this was not a "guns on campus" bill.

Overall it is a step in the right direction - and to that effect, it shouldbe somethingOCers should discuss here.
I'm sure you're right about how well my argument would be received. :)


Thanks for the update and being there to support logic. We certainly need to do whatever it takes.
 

estcrh

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ö wrote:
um, estcrh your posts don't make any sense.  you have a ccp permit right?  maybe the legislature should focus more on establishing some sort of psychological test before they hand out ccp permits.
WOW, someone who JUST joined in order to ATTACK me? I am truly honored!!!
 

Summit_Ace

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georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
 

estcrh

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Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"]  This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
I bet you believe that you do not really have to pay income tax either....
 

Summit_Ace

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estcrh wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
I bet you believe that you do not really have to pay income tax either....
OK:? what does that have to do with anything I said?
 

georg jetson

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Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
 

Summit_Ace

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georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
It could be argued that the statute is permitting the carrying of a weapon within a school zone. The fact that it limits that right only to those who have a permit when other methods of carry in other places are legal could be construed as a violation of that clause.

The case I have mentioned before on this site touches on a similar topic, in regards to permit fees being more for those who have not lived in the state for at least 15 years.
 

estcrh

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Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"]  This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
It could be argued that the statute is permitting the carrying of a weapon within a school zone. The fact that it limits that right only to those who have a permit when other methods of carry in other places are legal could be construed as a violation of that clause.

The case I have mentioned before on this site touches on a similar topic, in regards to permit fees being more for those who have not lived in the state for at least 15 years.
 
Its one thing to believe you have a right to do something in this country...the hard part is when you have to PROVE you actually have this right in a court of law...the justice system does not always see things the same way and it takes some deep pockets to go that far. Hopefully everyone here wants this school zone to pass no matter what else they believe. I personally think that if concealed carry in a school zone is approved then eventually open carry in a school zone will follow.
 

georg jetson

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Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
It could be argued that the statute is permitting the carrying of a weapon within a school zone. The fact that it limits that right only to those who have a permit when other methods of carry in other places are legal could be construed as a violation of that clause.

The case I have mentioned before on this site touches on a similar topic, in regards to permit fees being more for those who have not lived in the state for at least 15 years.
There is no" limit on a right" being discussed here. It is a privilege ... per the La. Constitution, concealed carry is NOT a right. This clause of the 14th amendment is meant to insure that law is applied equally to every citizen. How would this new privilege not apply to all with the license?

If you have a case you think is relevant then post a link.
 

Summit_Ace

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georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
It could be argued that the statute is permitting the carrying of a weapon within a school zone. The fact that it limits that right only to those who have a permit when other methods of carry in other places are legal could be construed as a violation of that clause.

The case I have mentioned before on this site touches on a similar topic, in regards to permit fees being more for those who have not lived in the state for at least 15 years.
There is no" limit on a right" being discussed here. It is a privilege ... per the La. Constitution, concealed carry is NOT a right. This clause of the 14th amendment is meant to insure that law is applied equally to every citizen. How would this new privilege not apply to all with the license?

If you have a case you think is relevant then post a link.
The fact that there is no limit to a right is agreed. My question to you is in the premise that concealed carry or carry within a school zone is a privilege. Where in our founding documents or anywhere in our early history can you find a permit for concealed carry or any other type of carry? It does not exist.

That said I look to the "privilege" of carry in a school zone granted by law. As it is now no person can carry a weapon within a "school zone". The new law would grant that privilege only to those with a permit. How is it that the 14 amendment does not apply to this situation, as only a few are granted the "privilege? If the law was that no person could carry, and now only some, how are they equally protected?
 

georg jetson

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Summit_Ace wrote:
georg jetson wrote:
There is no" limit on a right" being discussed here. It is a privilege ... per the La. Constitution, concealed carry is NOT a right. This clause of the 14th amendment is meant to insure that law is applied equally to every citizen. How would this new privilege not apply to all with the license?

If you have a case you think is relevant then post a link.
The fact that there is no limit to a right is agreed. My question to you is in the premise that concealed carry or carry within a school zone is a privilege. Where in our founding documents or anywhere in our early history can you find a permit for concealed carry or any other type of carry? It does not exist.

That said I look to the "privilege" of carry in a school zone granted by law. As it is now no person can carry a weapon within a "school zone". The new law would grant that privilege only to those with a permit. How is it that the 14 amendment does not apply to this situation, as only a few are granted the "privilege? If the law was that no person could carry, and now only some, how are they equally protected?
Your first question is irrelevant. The citizens of the state of La. ratified a state constitution that provides for regulation of concealed carry. Until the 14th amendment was ratified, it was indisputable that the Constitution constrained ONLY the federal government unless otherwise expressly stated. We all know where we stand on the 14th as applied to the 2nd amendments... and we wait for the decision in the Mcdonald case.

Your question about the permit means that you must do some studying of administrative law. A complete explanation is beyond the scope of this forum. In short, when a permit / license is involved, then you will have a state agency charged with the enforcement and regulation of the thing that is prohibited without permission. If someone finds that the agency has violated a right, then that person can seek remedy through the administrative process defined in each state's Administrative Procedures Act. The APA is what was necessary to insure proper due process and to keep the agency from overstepping its authority... at least that's what the courts have found anyway. BTW, the states APAs are typically modeled off of the federal APA. It's some pretty dry reading, but necessary to understanding how to preserve your rights while involved in the permitting process.

The 14th amendment does NOT guarantee the "right" for everyone to gain access to a permit. This would make no sense. What it does do is make sure that the requirements for obtaining the permit are applied to everyone.
 

georg jetson

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estcrh wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
georg jetson wrote:
Summit_Ace wrote:
Correct me if I am wrong here, but I would think that if such legislation was passed it would be a good thing for OC. The reason being in my opinion it would be a sure fire case to argue under the equal protection clause.
What equal protection clause?
[size="+1"] This one.


All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
[/size]
Ok... now, what does this have to do with the enactment of a statute that expands the privilege of concealed carry for EVERYONE with a permit?? I'm not trying to be facetious... I'm trying to get you to think.
It could be argued that the statute is permitting the carrying of a weapon within a school zone. The fact that it limits that right only to those who have a permit when other methods of carry in other places are legal could be construed as a violation of that clause.

The case I have mentioned before on this site touches on a similar topic, in regards to permit fees being more for those who have not lived in the state for at least 15 years.
Its one thing to believe you have a right to do something in this country...the hard part is when you have to PROVE you actually have this right in a court of law...the justice system does not always see things the same way and it takes some deep pockets to go that far. Hopefully everyone here wants this school zone to pass no matter what else they believe. I personally think that if concealed carry in a school zone is approved then eventually open carry in a school zone will follow.
estcrh... you make a valid point!!! The burden falls on the individual making a constitutional challenge. I invite you learn a bit about the justice system. Your ability to receive justice is more attainable than you think. You are wrong however, about the need for deep pockets. Filing fees are affordable and attorneys are not necessary for most steps of the process.

The granting of permission preceding the security of a right is not a logical process. No approval of oc in a school zone is necessary... one only needs to seek the appropriate injunction.
 

estcrh

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georg jetson
estcrh... you make a valid point!!! The burden falls on the individual making a constitutional challenge. I invite you learn a bit about the justice system. Your ability to receive justice is more attainable than you think. You are wrong however, about the need for deep pockets. Filing fees are affordable and attorneys are not necessary for most steps of the process.

The granting of permission preceding the security of a right is not a logical process. No approval of oc in a school zone is necessary... one only needs to seek the appropriate injunction.
George...I should learn a bit about the justice system??? Did you read ANYTHING I have posted on the forum..I OPEN CARRIED in the Quarter...shot at and held an armed thug for the police,(the thug got out on $3000 bail 3 days later) my gun was confiscated and I had to get it back from the police ( no easy matter) I went to court and forced the thug to plead GUILTY,( the thug got 2 months house arrest) I then confronted Major Hosli and Lt Selby of the 8th dist police by email and at 3 different public meetings about my RIGHT to open carry until I received a PUBLIC acknowledgment that it was LEGAL....how about you..what have you done lately??? how about you open carrying in a school zone until you are arrested and you learn a bit about the justice system!!! I will be the first one to contribute to your defense... "No approval of oc in a school zone is necessary" George..ARE YOU CRAZY!!!!! You are full of big talk and I am sick of people telling everyone what rights they have or do not have when they sit at home and do NOTHING but post MISINFORMATION on a forum like they are some kind of an expert!!
 

georg jetson

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estcrh wrote:
georg jetson
estcrh... you make a valid point!!! The burden falls on the individual making a constitutional challenge. I invite you learn a bit about the justice system. Your ability to receive justice is more attainable than you think. You are wrong however, about the need for deep pockets. Filing fees are affordable and attorneys are not necessary for most steps of the process.

The granting of permission preceding the security of a right is not a logical process. No approval of oc in a school zone is necessary... one only needs to seek the appropriate injunction.
George...I should learn a bit about the justice system??? Did you read ANYTHING I have posted on the forum..I OPEN CARRIED in the Quarter...shot at and held an armed thug for the police,(the thug got out on $3000 bail 3 days later) my gun was confiscated and I had to get it back from the police ( no easy matter) I went to court and forced the thug to plead GUILTY,( the thug got 2 months house arrest) I then confronted Major Hosli and Lt Selby of the 8th dist police by email and at 3 different public meetings about my RIGHT to open carry until I received a PUBLIC acknowledgment that it was LEGAL....how about you..what have you done lately??? how about you open carrying in a school zone until you are arrested and you learn a bit about the justice system!!! I will be the first one to contribute to your defense... "No approval of oc in a school zone is necessary" George..ARE YOU CRAZY!!!!! You are full of big talk and I am sick of people telling everyone what rights they have or do not have when they sit at home and do NOTHING but post MISINFORMATION on a forum like they are some kind of an expert!!
NONE of us know everything and on the subject of law we are all pitifully wanting... I ALWAYS encourage EVERY citizen to make the study of law a high priority because it is our individual RESPONSIBILITY. Our fight is with the ever encroaching government... not with each other. It benefits us if we attempt to keep our emotions in check and focus on the learning process.
 

aadvark

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If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!
 

sraacke

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aadvark wrote:
If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!
Agreed and I'm glad it will eventually pass here. Still, it doesn't address the issue of a citizen who is lawfull open carrying who crosses into one of these school zones unawares. He will still be inviting a felony conviction. There is no sign posted that says, "Cover your gun now. You're in a School Zone". I have a CHP and if there was such a sign I guess I could cover up but that doesn't change the fact that there isn't and so I probably won't. Cudos to Rep Wooten for sponcering this bill and I hope it's eventualy signed into law but it still leaves those of us who don't CC at risk.
 

georg jetson

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yale wrote:
aadvark wrote:
If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!
Agreed and I'm glad it will eventually pass here. Still, it doesn't address the issue of a citizen who is lawfull open carrying who crosses into one of these school zones unawares. He will still be inviting a felony conviction. There is no sign posted that says, "Cover your gun now. You're in a School Zone". I have a CHP and if there was such a sign I guess I could cover up but that doesn't change the fact that there isn't and so I probably won't. Cudos to Rep Wooten for sponcering this bill and I hope it's eventualy signed into law but it still leaves those of us who don't CC at risk.

There is NO NEED to address open carry statitorily. It is constitutionally protected. ANY citizen in La. can address this...

[align=justify]Art. 1872. Interested parties may obtain declaration of rights, status, or other legal relations [/align]
[align=justify]A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder[/align]
 

XD-GEM

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georg jetson wrote:
yale wrote:
aadvark wrote:
If Senate Bill 308, that repeals 1000 foot School Safety Zones in Georgia, can pass, then; I think it is safe to say that Louisiana can do it too!
Agreed and I'm glad it will eventually pass here. Still, it doesn't address the issue of a citizen who is lawfull open carrying who crosses into one of these school zones unawares. He will still be inviting a felony conviction. There is no sign posted that says, "Cover your gun now. You're in a School Zone". I have a CHP and if there was such a sign I guess I could cover up but that doesn't change the fact that there isn't and so I probably won't. Cudos to Rep Wooten for sponcering this bill and I hope it's eventualy signed into law but it still leaves those of us who don't CC at risk.

There is NO NEED to address open carry statitorily. It is constitutionally protected. ANY citizen in La. can address this...


[align=justify]Art. 1872. Interested parties may obtain declaration of rights, status, or other legal relations [/align]

[align=justify]A person interested under a deed, will, written contract or other writing constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status, or other legal relations thereunder[/align]
At your suggestion, I've been perusing the Code of Civil Procedure. If someone were to file such a suit for declaratory judgement tossing out the "Firearm Free School Zone" law (or at least the 1000 foot zone),what court would it normally be filed in? Obviously the State of Lousiana would be named as defendant, and the State Attorney General would have to answer for the State; but would one file in the State District Court one lives in, or should such a case go straight to the State Supreme Court?
 
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