Page 1 of 2 12 LastLast
Results 1 to 25 of 39

Thread: 2 steps forward.....one step back

  1. #1
    Regular Member
    Join Date
    Jan 2011
    Location
    Shelton
    Posts
    138

    2 steps forward.....one step back

    http://www.wtnh.com/dpp/news/crime/j...-gun-to-school


    Police say a school janitor in Connecticut has been arrested after leaving his loaded handgun in a preschool classroom.

  2. #2
    Regular Member MilProGuy's Avatar
    Join Date
    Jul 2011
    Location
    Mississippi
    Posts
    1,228
    D'oh!
    Proud Veteran ~ U.S. Army / Army Reserve

    Mississippi State Guard ~ Honorably Retired


  3. #3
    Regular Member
    Join Date
    Jan 2011
    Location
    Shelton
    Posts
    138
    by followingthe comments below I see Rich B is already on top of this story lol go get-em

  4. #4
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    How is this a 'step back'?

    The stupid actions of one person do not make the rights of everyone else any less valid.

    That is besides mentioning that while this was dumb, careless, criminal and irresponsible, there was no victim to this crime.

  5. #5
    Regular Member
    Join Date
    Mar 2010
    Location
    Manchester, Connecticut, USA
    Posts
    22
    Certainly a brain fart moment. But I have to wonder, when police officers forget their weapons somewhere (I believe I have read about this happening) are they arrested for it?

  6. #6
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by datank55 View Post
    Certainly a brain fart moment. But I have to wonder, when police officers forget their weapons somewhere (I believe I have read about this happening) are they arrested for it?
    The charges I am seeing used against him are Reckless Endangerment and Unsafe Storage.

    If this is the case, certainly a LEO in the same circumstance should be charged with the same.

  7. #7
    Regular Member
    Join Date
    Oct 2009
    Location
    Cheshire, Connecticut, USA
    Posts
    75
    Quote Originally Posted by Rich B View Post
    The charges I am seeing used against him are Reckless Endangerment and Unsafe Storage.
    While not 'charges' the TV news tonight reported that his weapon was seized and his permit revoked. No big surprise there. This guy is going to have one tough road to hoe if he ever tries to get his permit back.

  8. #8
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by JohnO View Post
    While not 'charges' the TV news tonight reported that his weapon was seized and his permit revoked. No big surprise there. This guy is going to have one tough road to hoe if he ever tries to get his permit back.
    I agree.

  9. #9
    Regular Member brk913's Avatar
    Join Date
    Oct 2007
    Location
    Plainville, CT
    Posts
    370
    Quote Originally Posted by Rich B View Post
    The charges I am seeing used against him are Reckless Endangerment and Unsafe Storage.

    If this is the case, certainly a LEO in the same circumstance should be charged with the same.
    I am wondering where the charge of Possession of a firearm on school grounds went? Is it because he was not actually caught carrying it? Seems to me that it did not magically appear there and they should be able to prove he was the one who carried it in and he should be charged under the correct statute.

  10. #10
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by brk913 View Post
    I am wondering where the charge of Possession of a firearm on school grounds went? Is it because he was not actually caught carrying it? Seems to me that it did not magically appear there and they should be able to prove he was the one who carried it in and he should be charged under the correct statute.
    That is what I am guessing, but I am not going to complain if he makes it out of this without a felony.

  11. #11
    Regular Member hermannr's Avatar
    Join Date
    Mar 2011
    Location
    Okanogan Highland
    Posts
    2,332
    Quote Originally Posted by brk913 View Post
    I am wondering where the charge of Possession of a firearm on school grounds went? Is it because he was not actually caught carrying it? Seems to me that it did not magically appear there and they should be able to prove he was the one who carried it in and he should be charged under the correct statute.
    The "school" restriction is for k-12...this was a "pre-school" (basically day care).

    If I was on the jury I would not vote guilty for reckless endangerment...no-one was in danger. What the hej, it was properly stored in a holster too.

  12. #12
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by hermannr View Post
    the "school" restriction is for k-12...this was a "pre-school" (basically day care).
    wtf?

    Quote Originally Posted by tfa
    bucks hill elementary school

    it was properly stored in a holster too.
    Quote Originally Posted by tfa
    workers found the gun in a holster on a counter
    Last edited by Rich B; 12-07-2011 at 09:22 PM.

  13. #13
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Quote Originally Posted by hermannr View Post
    The "school" restriction is for k-12...this was a "pre-school" (basically day care).

    If I was on the jury I would not vote guilty for reckless endangerment...no-one was in danger. What the hej, it was properly stored in a holster too.
    Sorry, but that is a fail. The incident happened in a pre-school classroom in Bucks Hill Elementary School.

    If you want to learn something that may well benefit you down the road, study up on Jury Nullification:
    http://www.letsgetfreethebook.com/ju...ification.html
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  14. #14
    Regular Member
    Join Date
    Apr 2011
    Location
    Columbia, CT
    Posts
    21
    Quote Originally Posted by brk913 View Post
    I am wondering where the charge of Possession of a firearm on school grounds went? Is it because he was not actually caught carrying it? Seems to me that it did not magically appear there and they should be able to prove he was the one who carried it in and he should be charged under the correct statute.


    Does the possession of a firearm at schools apply when they are off hours and no kids are there?

  15. #15
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,603
    Quote Originally Posted by JeepinMaxx View Post
    Does the possession of a firearm at schools apply when they are off hours and no kids are there?
    Is it still a school? Do not find any exceptions to during or not during class hours.

    http://www.cga.ct.gov/2006/rpt/2006-R-0658.htm

    http://www.jud.ct.gov/lawlib/law/school.htm
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  16. #16
    Regular Member
    Join Date
    Mar 2009
    Location
    Old Saybrook, CT
    Posts
    469
    I just posted this:


    I am a "gun nut" and I think they should throw the book at this guy. With the right to carry a gun comes the responsibility to maintain control over it. I find it interesting that they did not charge him with carrying a gun in a school, a felony. Its a stupid law that does nothing but by definition disarm law abiding citizens.

    I think the charges of reckless endangerment and failing to properly store a firearm are entirely appropriate. He should lose his pistol permit and be required to do a bunch of community service. Then his charges should be nolle'd since there wasn't any malice involved. But he needs to know that what he did was INCREDIBLY stupid. Guns in schools aren't dangerous. But for gods sake, an unholstered unattended gun in a school is a catastrophe waiting to happen.
    MCS Precision - Training, Sales, Transfers, Estate Purchases

    07 FFL
    NRA Pistol and Rifle Instructor
    NRA Life Member

  17. #17
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    I will leave my view at this:

    No victim, no crime.

  18. #18
    Regular Member brk913's Avatar
    Join Date
    Oct 2007
    Location
    Plainville, CT
    Posts
    370
    Quote Originally Posted by Grapeshot View Post
    Sorry, but that is a fail. The incident happened in a pre-school classroom in Bucks Hill Elementary School.

    If you want to learn something that may well benefit you down the road, study up on Jury Nullification:
    http://www.letsgetfreethebook.com/ju...ification.html
    The statute makes no distinction about what a classroom is used for. If the classroom is in an elementary school or for that matter even occupies another building on the school property it is off limits per state statute. I just read the jury instructions given for violation of this statute and I am guessing they decided to not charge him because they did not catch him in possession and the evidence would not have been enough to find him guilty of 53a-217b.

  19. #19
    Regular Member
    Join Date
    Mar 2009
    Location
    Old Saybrook, CT
    Posts
    469
    Quote Originally Posted by Rich B View Post
    I will leave my view at this:

    No victim, no crime.
    By that calculus driving drunk when you make it home is not a crime.
    MCS Precision - Training, Sales, Transfers, Estate Purchases

    07 FFL
    NRA Pistol and Rifle Instructor
    NRA Life Member

  20. #20
    Regular Member Rich B's Avatar
    Join Date
    Oct 2009
    Location
    North Branford, Connecticut, USA
    Posts
    2,910
    Quote Originally Posted by dcmdon View Post
    By that calculus driving drunk when you make it home is not a crime.
    I agree. It should not be a crime, just a stupid decision that somehow worked out.
    Last edited by Rich B; 12-08-2011 at 10:27 AM.

  21. #21
    Regular Member
    Join Date
    Oct 2009
    Location
    Cheshire, Connecticut, USA
    Posts
    75
    Quote Originally Posted by JeepinMaxx View Post
    Does the possession of a firearm at schools apply when they are off hours and no kids are there?
    I remember a few years ago hearing or reading about a guy who unknowingly drove onto school property in CT. I think it was in the Willamantic area. He was lost or trying to get his bearings and just pulled off the road. A local LEO pulled in and as the story went just happened to ask him if he had any weapons in the car. He was pinched for bringing a weapon onto school property. Resolution unknown.

  22. #22
    Regular Member
    Join Date
    Mar 2010
    Location
    Manchester, Connecticut, USA
    Posts
    22
    I would be willing to bet that if you left your car running in the middle of a playground and walked away, you wouldn't lose your drivers license as a result. And let's remember that driving a car is a privilege, not a gaurenteed constitutional right. Carrying a firearm is not a privilege.

  23. #23
    Campaign Veteran Schlitz's Avatar
    Join Date
    Dec 2009
    Location
    Florida
    Posts
    1,567
    Quote Originally Posted by Grapeshot View Post
    Sorry, but that is a fail. The incident happened in a pre-school classroom in Bucks Hill Elementary School.

    If you want to learn something that may well benefit you down the road, study up on Jury Nullification:
    http://www.letsgetfreethebook.com/ju...ification.html
    for someone who fancies them self slightly smarter than the average bear when it comes to law I did not know about this.... you learn something new everyday.


    are you implying with this that there is a good chance the jury would let him off?
    “The claim and exercise of a constitutional right cannot be converted into a crime.”
    [Miller vs. U.S., 230 F. Supp. 486, 489 (1956)]
    “There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights.”
    [Sherar vs. Cullen, 481 F2d. 946 (1973)]

  24. #24
    Regular Member MKEgal's Avatar
    Join Date
    Jan 2010
    Location
    in front of my computer, WI
    Posts
    4,426
    Quote Originally Posted by brk913
    I am wondering where the charge of Possession of a firearm on school grounds went?
    Does CT follow federal law?
    The federal "GF"SZ says it's legal for someone with a license to carry on school property & in the buildings.
    There are states that have more restrictive laws.
    Quote Originally Posted by MLK, Jr
    The ultimate measure of a man is not where he stands in moments of comfort & convenience, but where he stands at times of challenge & controversy.
    Quote Originally Posted by MSG Laigaie
    Citizenship is a verb.
    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
    Quote Originally Posted by Proverbs 31:17
    She dresses herself with strength and makes her arms strong.

  25. #25
    Regular Member
    Join Date
    Mar 2009
    Location
    Old Saybrook, CT
    Posts
    469
    Separate statute. No exemption for permit holder.

    Also unlike the fed law which prohibits within 1000 ft and is therefore unenforcable, the ct only applies to actually being on school property. I'll cite the statute later. I'm on my phone now.
    MCS Precision - Training, Sales, Transfers, Estate Purchases

    07 FFL
    NRA Pistol and Rifle Instructor
    NRA Life Member

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •