Possession of firearm in school zone charge Tomah

Once again a victim of "no tolerance" policy that conveinently takes the decision making based upon circumstances out of peoples hands. No tolerence is nothing but laziness by people who are too afraid of having to make a common sense decision based on circumstances. What do they feel they are going to accomplish by possibly ruining this young mans life before he's even had a chance to start it? Christ based upon the story i'd say it's pretty obvious that the boy is an avid hunter. It isn't like he was going around braggin he had a gun, or provoking poeple thinking he's a bad ass with a gun.
What I really find unbelievable is how much this very issue has turned on it's head over the years. My grandfather and father both have told me stories of how in their youth they regularly hunted before school and would bring their rifle into school and put it in their locker for the day so they could go back out after school. My father's shop project in school was to refinish a ratty old rifle that he found in a barn. He brought it to shop class and fully refinished it along with his teachers guidance. The company I work for has a similar policy and I've flound it amusing that if they checked vehicles during hunting season they'd probably end up letting go of about a third of the workforce at the plant.

Jay Gatz said:

I think those complaining about the rights violation of searching his trunk are missing an important bit related to school regulations currently. When you go to school they make you sign a paper giving them permission to search you or your things(including car) whenever they want if you're on school property or attending a school function. I don't know if that's the case in all schools, but it was in mine, and for that reason I always parked off school grounds and walked.(while I never had guns, my father is a smoker and would sometimes forget his smokes in the car when I borrowed it, being under 18 at the time a school district would just love to crucify me for that one).

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If a emancipated minor can not enter into a contract is the prior written consent valid?

lockman said:

If a emancipated minor can not enter into a contract is the prior written consent valid?

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IIRC my parents had to sign that silly form too. Though I believe you would be correct about the issues if only the minor signs it. I am far from an expert on this, only relating my past experience and some of my own interpretation on the meaning of these documents.

Heck, it wasn't long enough ago to talk about grandparents. People had guns in their vehicles all the time during hunting season when I was back in high school in the 90's. The school even had a special permission slip for your parents to sign if you wanted off for deer season. Kids that had off would come and drive through the parking lot at lunch to show off their deer and coyotes or whatever else they had shot.

If what we've got now is pretty much the full story this is complete and utter bullpucky.

a neighboring school district of my home town in MI did a search the day after opening deer rifle season. everyone that was absent on opening day was searched. they got about 7 of them on GFSZ charges...

same thing, since it is on school property, they can search what they want, when they want.

apierce918 said:

a neighboring school district of my home town in MI did a search the day after opening deer rifle season. everyone that was absent on opening day was searched. they got about 7 of them on GFSZ charges...

same thing, since it is on school property, they can search what they want, when they want.

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This whole GFSZ thing got rolling due to Wisconsin's "Nobody's Senator" Herb Kohl who is "Senator Nobody" except when it comes to disarming Americans.

Never Again !!!

http://www.jdl.org/index.php/about-jdl/

seems like alot of the charges that get tossed around these days, like Madison, and now this, will all end up being nothing in a very short time. gotta wonder why they waste their efforts and resources prosecuting people for things that will fall by the wayside in a short time.

The gfsz has 'knowledge of' as part of it...i wonder if it could be stretched to him NOT having knowledge of hte firearm in the car...unless of course he admitted to knowing its presence...

GlockRDH said:

The gfsz has 'knowledge of' as part of it...i wonder if it could be stretched to him NOT having knowledge of hte firearm in the car...unless of course he admitted to knowing its presence...

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I don't think that would work for the GFSZ. It'd work for the CCW charge though. Then that charge would fail two elements: knowledge of the weapons presence and within reach.

I wonder if Kohls sells this stuff:

http://www.youtube.com/watch?v=C0vyxgJLJVA&feature=player_embedded

A man at work said that he had second hand confirmation that the gun was in a case. If that is true, then it seems as if no charges will stick. He also told me the parents are furious and are fighting this. I hope his story is factual!

another news story: http://www.wkbt.com/Global/story.asp?S=13705927

Let's hit as many of these comment sections as we can, pointing out that the kid didn't break the laws, but police did.
Here's mine:

Since the kid did NOTHING wrong, I hope his lawyer gets a fat judgement against the Tomah PD for this. The police should know the laws they're hired to enforce, right? So why are they pulling stunts like this???

Since the rifle wasn't within reach, it wasn't 'concealed' (which law is going away soon anyway). See state statute 941.23
http://legis.wisconsin.gov/statutes/Stat0941.pdf

Since the rifle was unloaded & encased (per the original story in the LaCrosse Tribune), it isn't a violation of the "gun free" school zone law. See state statute 948.605
http://legis.wisconsin.gov/statutes/Stat0948.pdf

In fact, he was even complying with the DNR rule about how to transport a gun in a vehicle (which will also be going away soon). See state statute 167.31
http://legis.wisconsin.gov/statutes/Stat0167.pdf

I suggest the family contact Wisconsin Carry .org ASAP. They will help. (The chairman is Nik @ wisconsincarry.org)

Jay Gatz said:

I think those complaining about the rights violation of searching his trunk are missing an important bit related to school regulations currently. When you go to school they make you sign a paper giving them permission to search you or your things(including car) whenever they want if you're on school property or attending a school function. I don't know if that's the case in all schools, but it was in mine, and for that reason I always parked off school grounds and walked.(while I never had guns, my father is a smoker and would sometimes forget his smokes in the car when I borrowed it, being under 18 at the time a school district would just love to crucify me for that one).

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I'm not sure that it's the same here, but if it is all I can say is it reminds me of the airports and their new full body scans, if schools are so dangerous that the kids need to give up all rights to be there I don't want my kid there. same with the airlines, if they are so dangerous we need a full body scan I will just take the bus.

I don't know anything about signing documents tossing out your rights, but these are minors and as such cannot sign contracts! If the schools are/were so concerned about safety and the well being of the kids, why not start with the junk food they sell? I know, they make $$$ on that crap!

Jay Gatz said:

I think those complaining about the rights violation of searching his trunk are missing an important bit related to school regulations currently. When you go to school they make you sign a paper giving them permission to search you or your things(including car) whenever they want if you're on school property or attending a school function. I don't know if that's the case in all schools, but it was in mine, and for that reason I always parked off school grounds and walked.(while I never had guns, my father is a smoker and would sometimes forget his smokes in the car when I borrowed it, being under 18 at the time a school district would just love to crucify me for that one).

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As a high school kid, I refused signing documents that limited my rights, and I was lucky enough to have my father back me up with that decision. With all the crap and rights violations happening in schools these days, I am sure I would be the most hated student for refusal to waive my rights. The local high school here forbids a white kid from wearing a plain white t-shirt because they say it may be a sign of white separatist, If i was at school today, that would be my entire wardrobe and I would take this as far as I could through the courts.

Krusty said:

A man at work said that he had second hand confirmation that the gun was in a case. If that is true, then it seems as if no charges will stick. He also told me the parents are furious and are fighting this. I hope his story is factual!

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Can you put one of us (me hubert or auric) in touch with him or his parents asap?

I tried a dogpile white pages search, didn't return anything.

I've emailed the reporter as well

I'll find out exactly how and who he got his info and will be glad to forward your concern.

Let's assume this kids parents did sign a form allowing the search of their private property. Thus still does not make him guilty of any crime, just school policy if they have one related to this. This would make it exclusively an internal issue not punishable by and legal means but he could be sent to detention or expelled. No felony. Any discipline for this is crap. Kids like to hunt too, I did.

So, for sure the firearm was secured in a case? That's the only way I could see the PD's case stand was if it was just tossed in the trunk.

Canard said:

Let's assume this kids parents did sign a form allowing the search of their private property. Thus still does not make him guilty of any crime, just school policy if they have one related to this. This would make it exclusively an internal issue not punishable by and legal means but he could be sent to detention or expelled. No felony. Any discipline for this is crap. Kids like to hunt too, I did.

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Exactly what you said. IF it was is an case, then the only thing he may have broken was school policy. The DA has nothing to do with this case.