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Thread: Am I the only one like this?

  1. #1
    Regular Member xmanhockey7's Avatar
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    Am I the only one like this?

    It's mostly on other forums but when I see people post legal questions I always try to look up the law. I will do google searches and try to find the applicable law. Or when people post something they think is legal but is not it drives me nuts. I always look up the statue to show them that they are incorrect. Am I the only one like this?

    Example: This is on the XD forum
    "OC on school grounds is a federal offence, inside or outside doesnt matter. Michigan may not have a state law, but the fed's do. Go stand in the parking lot or in the front door and Call your local ATF and ask!"

    I replied with stating the GFSZA, listing 28.422 and how those who legally own a pistol are exempt, 750.237 (weapon free school zone), and 28.425o.
    Last edited by xmanhockey7; 01-09-2012 at 02:23 PM.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  2. #2
    Regular Member VW_Factor's Avatar
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    Even after searching for the law itself, I am sure some people like to get a "feel of opinion", much as a court case can settle "opinion".

    Perhaps?
    Quote Originally Posted by Beretta92FSLady
    I am no victim, just a poor college student who looks to the day where the rich have the living piss taxed out of them.

  3. #3
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    Quote Originally Posted by xmanhockey7 View Post
    It's mostly on other forums but when I see people post legal questions I always try to look up the law. I will do google searches and try to find the applicable law. Or when people post something they think is legal but is not it drives me nuts. I always look up the statue to show them that they are incorrect. Am I the only one like this?

    Example: This is on the XD forum
    "OC on school grounds is a federal offence, inside or outside doesnt matter. Michigan may not have a state law, but the fed's do. Go stand in the parking lot or in the front door and Call your local ATF and ask!"

    I replied with stating the GFSZA, listing 28.422 and how those who legally own a pistol are exempt, 750.237 (weapon free school zone), and 28.425o.
    Correction: 750.237a

    In my opinion, part of the problem as it pertains to your example, is that very few states/areas, including Michigan, require handgun registration. It has always been questionable whether or not a permit/license to carry a concealed and/or open carried pistol meets the exemption for the Federal GFSZ's. Fortunately, for us in Michigan, we have 28.422 and 28.422a.

    http://www.handgunlaw.us/documents/batf_school_zone.pdf

  4. #4
    Regular Member xmanhockey7's Avatar
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    Quote Originally Posted by SpringerXDacp View Post
    Correction: 750.237a

    In my opinion, part of the problem as it pertains to your example, is that very few states/areas, including Michigan, require handgun registration. It has always been questionable whether or not a permit/license to carry a concealed and/or open carried pistol meets the exemption for the Federal GFSZ's. Fortunately, for us in Michigan, we have 28.422 and 28.422a.

    http://www.handgunlaw.us/documents/batf_school_zone.pdf
    Thank you. I did put the "a" in on the XD forum.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

    Where rights secured by the Constitution are involved, there can be no legislation which would abrogate them.
    - Miranda vs Arizona 384 US 436

  5. #5
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    Most folks dont know, think they know, or heard it somewhere. Worse than that, they can't be convinced otherwise. Makes one wonder where they got the first opinion.

  6. #6
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    Over the years I have seen a lot of this. There are a number of reasons for this but one thing I am sure of is that it will never disappear. Reading something and then believing it without checking will just get you in trouble. Confirm. But in some instances that confirming can also be very difficult. There are so many laws and so many more being added. I just read last week on the ABC News website that 40,000 new laws were passed by local, State and the Feds last year. Yes some were very minute but others had far reaching effects. Wisconsin passed Shall Issue mid summer last year and it took effect November 1, 2011. That bill that changed many parts of Wisconsin firearm laws has still not been added to their online statutes. (As of a few days ago) It takes time for that to get done but in the mean time the answer is deeper than just looking at the statutes. Then you have case law that complicates things further.

    Then many people don't read everything. I see that at www.handgunlaw.us Just to the right of the main page map at our site it explains in one very short paragraph how to use the hot linked map. I have received dozens of emails asking me how to access those state pages. All they had to do was read that short paragraph.

    Then titles of threads can confuse people. There will be a thread titled, "Carry in (State Name) State parks Not Legal?" People read that title and not what the person posted and some come away with the impression that carry in that states Parks is illegal when the person just asked a question. The written word also makes it difficult. Conversations between two or more people has a lot more communications than just the words stated. Body Language and voice inflection means so much in any conversation. With the written word you don't have that and what I put down in words is not what you read. I know everyone who posts on boards has had someone attack them for what they wrote because that person read something else into our posted words. They took it completely different than what we believed we wrote.

    We have all posted something then after researching it later what we found out that what we posted was incorrect. Many times someone pointed out our error. If you haven't done that you haven't posted that much.

    But as the OP Stated confirm and then reconfirm. I forget now if it was the Lady from TN or the Marine that got arrested in NYC for having a loaded firearm. One news report had one of them stating they read on the internet that it was legal to carry their firearm in NYC. Not saying that they read that but they believed they had read that. Confirm!
    Last edited by Gary Slider; 01-10-2012 at 01:37 PM.
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  7. #7
    Regular Member PDinDetroit's Avatar
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    People can be lazy and opinionated and being lazy they are unlikely to change their opinion as it requires work (TO THINK). Still, we must try as others are watching and learn from it.

  8. #8
    Campaign Veteran deepdiver's Avatar
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    No, you are not the only one by any stretch. One thing many of us, especially those of us who have been around for a bit, really appreciate about OCDO is that it has always required cites to authority to prove your point. On matters of fact or law, if anyone challenges your position, put up or shut up.

    That is easier now than it used to be. Today there are many public records, court summaries, citees easily found with a search engine, etc. that were not so readily available several years ago. Sometimes we would actually have to go find one of those, what are they called, you know, those things with a bunch of paper and writing. .. Oh yeah, books. We would have to cite to and quote from books sometimes. Many of us have learned a lot on these boards.

    Ironic that you mentioned the XD forums. I was quite active there when I discovered OCDO and the very topic of this thread is why I started spending more time here.

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