Charged with brandishing a holstered gun

The Channel 12 story was updated after 11PM. They sent a reporter out to talk to the lady, and she's not making herself any friends, that's for sure.

She may be vying for that famous quote from Ruthless People...

TFred

Channel 12 isn't doing her any favors either.

There is absolutely nothing to be gained by talking to the media and Ch 12 knows that - all the women could do is hurt her case. They went one step beyond her declining to speak to them - they had to report the unfortunate use of the F-bomb.

The press can be intrusive with their "right" to know. Hope we don't see a trial by the media in this.

School bus stop = school property?

Several of the commenters to the news article have mentioned that a school bus stop is school property. This made no sense to me, since many of the school bus stops are at random places on city or county roads ... so I did a little research. The cites do not seem to be firearm-related (with the exception of the first cite), but do seem to include school bus stops in their definition. Here's what I've found so far:

The operative law would seem to be 18.2-308.1, which does NOT include school bus stops in its weapons-prohibition area definition. It does include the school bus, specifically, but not the school bus stop. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

Code of Virginia § 18.2-255.2. prohibits the sale or manufacture of drugs on or near certain properties including public and private schools or property within 1,000 feet of a school, on any school bus, or at any school bus stop.

Convicted violent sex offenders can’t go onto school property by state law. Now, some lawmakers want to expand the law to include school bus stops. http://www.wvec.com/video/featured-...ers-away-from-school-bus-stops-114138039.html. This provision failed but it is another indicator of attempts to expand the definition of school property. http://www.rsolvirginia.org/news/bulletin-board/posting-320/

The federal Gun Free School Zone Act (as re-enacted in 1996) does NOT include "school bus stop" in its definition of "school zone."

So, in my (admittedly brief) research, did I miss any law that prohibits open carry at a school bus stop?

If not, then those who opine that a school bus stop is "school property" would seem to be wrong.

You can't find what isn't there James. There is no restriction on carrying at a school bus stop in Virginia, nor should there be.

JamesCanby said:

Several of the commenters to the news article have mentioned that a school bus stop is school property. This made no sense to me, since many of the school bus stops are at random places on city or county roads ... so I did a little research. The cites do not seem to be firearm-related (with the exception of the first cite), but do seem to include school bus stops in their definition. Here's what I've found so far:

The operative law would seem to be 18.2-308.1, which does NOT include school bus stops in its weapons-prohibition area definition. It does include the school bus, specifically, but not the school bus stop. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

Code of Virginia § 18.2-255.2. prohibits the sale or manufacture of drugs on or near certain properties including public and private schools or property within 1,000 feet of a school, on any school bus, or at any school bus stop.

Convicted violent sex offenders can’t go onto school property by state law. Now, some lawmakers want to expand the law to include school bus stops. http://www.wvec.com/video/featured-...ers-away-from-school-bus-stops-114138039.html. This provision failed but it is another indicator of attempts to expand the definition of school property. http://www.rsolvirginia.org/news/bulletin-board/posting-320/

The federal Gun Free School Zone Act (as re-enacted in 1996) does NOT include "school bus stop" in its definition of "school zone."

So, in my (admittedly brief) research, did I miss any law that prohibits open carry at a school bus stop?

If not, then those who opine that a school bus stop is "school property" would seem to be wrong.

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This is an interesting one.

The school property definition includes the phrase "(ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place"

The school bus stops don't have any marked beginning/ending zones, nor is there any time factor mentioned, i.e. when the first child arrives at the bus stop until the bus picks up and leaves.....perhaps the prosecutor is pushing for a school zone violation based on this part?

ProShooter said:

This is an interesting one.

The school property definition includes the phrase "(ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place"

The school bus stops don't have any marked beginning/ending zones, nor is there any time factor mentioned, i.e. when the first child arrives at the bus stop until the bus picks up and leaves.....perhaps the prosecutor is pushing for a school zone violation based on this part?

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Suspect that would be a major stretch. Besides she hasn't been so charged I don't believe.

Grapeshot said:

Suspect that would be a major stretch. Besides she hasn't been so charged I don't believe.

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A major stretch and probably not what is happening in this case, but something to be wary of anyhow. This kind of thing seems to be happening in other states already, like at a zoo in Kentucky.

http://forum.opencarry.org/forums/s...-Sign-at-Louisville-Zoo&p=1525335#post1525335

Grapeshot said:

You can't find what isn't there James. There is no restriction on carrying at a school bus stop in Virginia, nor should there be.

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Yes, I agree ... but given the character of this discussion board, one should have trepidation about making an assertion without having at least attempted to find some reference to back up that assertion.

You gotta wonder about some people. If this went down as bad as it could have, she was waving the gun around threatening the kids. And it didn't occur to her that somebody might tell? And if the bullying continues, what's her next step, multiple murder?

She should have just made them watch this:

[video=youtube;1CPrzNr1b14]http://www.youtube.com/watch?v=1CPrzNr1b14[/video]

ProShooter said:

This is an interesting one.

The school property definition includes the phrase "(ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place"

The school bus stops don't have any marked beginning/ending zones, nor is there any time factor mentioned, i.e. when the first child arrives at the bus stop until the bus picks up and leaves.....perhaps the prosecutor is pushing for a school zone violation based on this part?

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It would seem to me that as long as Joe Bob can walk his dog along the sidewalk right through the line of kids waiting for the school bus, a bus stop fails the "exclusively used" test.

TFred

I love some of those news statements from NBC 12. That reporter needs to go back to journalism school.

Police say 33 year old Shiquita Reed was defending her daughter who was being teased at Manchester Middle School.

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So the Police are calling a justified case of self-defense?

Police recovered her weapon but it's unclear if she has any others.

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I'm thinking this is the subliminal way of saying we need gun registration.

But this has got to be the richest statement by anyone:

But the students who witnessed the whole thing are labeling her as a bully.

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So, confronting a bully makes you a bully? All this nonviolence crap has got to stop. Sometimes (but not this time) violence IS the answer.

Grapeshot said:

Channel 12 isn't doing her any favors either.

There is absolutely nothing to be gained by talking to the media and Ch 12 knows that - all the women could do is hurt her case. They went one step beyond her declining to speak to them - they had to report the unfortunate use of the F-bomb.

The press can be intrusive with their "right" to know. Hope we don't see a trial by the media in this.

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Yeah, she didn't come off too good in that piece. Silence would have been a better option.

2 points to consider

1) administratively, a school bus is under School Jurisdiction when studends are waiting or loading or unloading. STUDENTS are subject to the diciplinary code. I do not have to stretch very far to imagine that someone decided that applied to others at the bus stop as well. This would be without legal standing in my view but could be related to the issue at hand.

2) the news coverage is conducted by people who have not the first iota of legal knowedge and will often leave out vital data to an understanding of the story without realizing that it was important. I am not ascribing malice, meerly ineptitue. Some quoted coverage has mentioned the firearm outside of the holster. This is massively and matterially different from the "holsered handgun" described on radio and TV.

She had a holster. That alone raises her standing in my opinion. Thugs and ganstas don't holster carry.

This woman could write a book on what NOT to do after you get arrested.

http://www.nbc12.com/story/14663521/parent-arrested-for-disorderly-conduct-at-bus-stop

Crazy lady went back to the bus stop again!

http://www.nbc12.com/story/14663521/parent-arrested-for-disorderly-conduct-at-bus-stop

She's just changing her final destination to a padded room, instead of a cold, musty cell.

TFred

TFred said:

She's just changing her final destination to a padded room, instead of a cold, musty cell.

TFred

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+1 insanity defense, here she comes!

ProShooter said:

The thread started taking on the usual "I blame the police based on the limited info in the story".

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Waaay too many of us have had less-than-positive encounters with police, myself included, so I can understand the bias.
I'm happy when cruisers don't turn around & follow me through a parking lot, or the officers demand I talk with them.
If they just leave me alone, like every other peaceful citizen, I'm happy.
If I actually need help & they show up, I'm exstatic. [sp?]

Blk97F150 said:

But is that what really happened? Or is that just what the kids said happened (the same kids who were supposedly 'bullying' her daughter... :uhoh: )

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My thought, too.
If the kids already had it in for the girl, & knew that they could cause more trouble by telling on the mom, I wouldn't put it past them.
IF, OTOH, the mom really did draw, she was wrong & should spend some time in jail.
I can see walking the girl to the bus stop, armed, and not saying anything but letting the kids get an eyeful. Maybe for a week or so, or on random days. Don't touch it, don't talk about it, just let them look.
And she should, of course, have addressed the issue w/ the school, maybe the police (depending on how serious the actions).

Armed said:

these are kids who are programmed to believe anyone with a gun (except cops) are dangerous.
They get to school and do what they are programmed to do - tell.

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Bingo.

NovaCop10 said:

I have learned first hand to never accept what news sources say involving crimes. Being involved in an incident and seeing what the papers report can sometimes be almost two completely different stories.

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Not just news sources, though they're bad. In my case, the officers involved told different stories, & what they wrote in their reports occasionally strayed from what actually happened.
Not just in little details (my mags hold 17, not 18), but relatively big things - saying I'd left my purse locked in the car, claiming that as a reason to break in & search, when I'd been wearing it & loudly objected to them trying to take it from me to search.
(It's a wallet on a string, & I was in handcuffs. I couldn't hide anything in there, & couldn't get to it.)

ProShooter said:

Crazy lady went back to the bus stop again!

http://www.nbc12.com/story/14663521/parent-arrested-for-disorderly-conduct-at-bus-stop

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Wow. She sure isn't helping her situation any.

Grapeshot said:

This is the very reason that we have said that Skidmark's case is sooo very important.

Magistrates, LEA and CAs all follow and share info on these things. The message that we will NOT accept this type of conduct must be sent loud and clear. Meanwhile, I will wait for more specific information before casting my ballot.

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This case is just as important too, assuming she is innocent. Can we or VCDL provide legal advice to her lawyer?