Gun found at Tioga High School

[Ben Segrest]

I think I'm confused?

It's not legal for a person under 21 to purchase a handgun, but they can open carry?

I had assumed that he was being charged for possession and being under 21.

It's not legal for an ffl to sell a handgun to a person under 21. I think ftf is 18 and possession is (maybe) 17.

 

[Yrdawg]

My understanding is that USC holds that the schools are FFZ unless you are a CHL..but the state holds to the FFZ law and does NOT allow concealed carry or carry of any sort on FFZ

However as far as USC FFZ is concerned a CHL is legal to carry on school grounds but our own state is determined to make us illegal

Kinda screwed up..........no, REALLY screwd up

 

[charlie12]

So I wonder what his charge was? Did he break 14:95.2?

Do you know anyone that has been charged with a gun at school what was the RS?

 

[Yrdawg]

Not a direct C 12 but I've asked this of a JP, several cops, lots of chat talk.........seems that he might be charged with a misdemeanor that does NOT include the entirley contained exception, however it is a misdemeanor, and how can the exception so broadly painted not apply in a misdemeanor statute

The unamanious answer has been that there has been no test case so no one knows

But as a felony by state code ..........no way, LOL..this kid may be on a MEM motorcycle

 

[leVieux]

Had they done one of those searches when I was in High School, they would have found at least 2 or 3 dozen shotguns, pistols, and rifles in student autos.
AND, we never had a single problem with any of them. Not one little problem.
We were taught self-control and personal responsibility, back then.
leVieux

 

[oleheat]

Amazingly, none of the guns in cars at my old high school managed to escape and create mayhem, either.....

 

[sraacke]

I think I'm confused?

It's not legal for a person under 21 to purchase a handgun, but they can open carry?

I had assumed that he was being charged for possession and being under 21.

You have been watching waaayyyy to much Steven Segall:Lawman. Put down the TV remote and do something constructive.

 

[lsu fan]

Yeah I was being sarcastic. LOL


A rifle yeah I would understand that but I just think the kid was trying to be cool with a gun in his car. I graduated in 01 and none of my friends never carried guns but i guess the High School world has gotten Gangster!

There probably 10 times as many people carrying concealed today than there were 10 years ago. You're saying that since some people in the past never felt a need for self defense... the people today must be just trying to be cool? That's a bunch of BS.

You're could be right though, it's possible that this dude was just trying to be cool, which might be how he got caught (running his mouth). But to just assume that he carried a pistol in his truck to be cool is asinine.

 

[mct601]

You just can't have guns in or around campus these days - at all. When I went to school we were prohibited from ammo, blades, paintball/airguns, and even toy guns. Of course toy guns would only result in a talk with the principal and a slap on the wrist, but anything else would be suspension or more, in the case of blades and true firearms. Tobacco and alcohol were also prohibited. The security guards had permission to randomly search any vehicle parked on campus and it wasn't a surprise when they found tobacco or alcohol. The only time I think a gun was found was at our rival school.

Hell, if they find a firearm in a car on campus at PRCC now it's a hefty fine. I left my AR-15 in its case in my truck after shooting one day, fell asleep, and went to school without thinking. I almost **** myself when I saw the S&W case laying next to my books.

 

[FishingBack]

You just can't have guns in or around campus these days - at all. When I went to school we were prohibited from ammo, blades, paintball/airguns, and even toy guns. Of course toy guns would only result in a talk with the principal and a slap on the wrist, but anything else would be suspension or more, in the case of blades and true firearms. Tobacco and alcohol were also prohibited. The security guards had permission to randomly search any vehicle parked on campus and it wasn't a surprise when they found tobacco or alcohol. The only time I think a gun was found was at our rival school.

Hell, if they find a firearm in a car on campus at PRCC now it's a hefty fine. I left my AR-15 in its case in my truck after shooting one day, fell asleep, and went to school without thinking. I almost **** myself when I saw the S&W case laying next to my books.

Just because they tell you that doesn't make it true.

Randomly searching vehicles? That wouldn't fly with me. Don't you have to unlock it for them?

As for community colleges, the federal law doesn't even apply to those!

 

[Tantrix]

School property is a federally mandated "Gun free zone" cars included. On a side not I graduated fromTioga.

Wrong. "Gun free zone" does not apply to vehicles. Do you leave your guns at home when you drop off or pick your kid up from school? I don't. If I have to go inside the school for anything, I simply unholster my gun and put it in the glovebox then go inside. You are within the law unless you step foot outside of your vehicle with a firearm on you. This is so simple to look up it took me all of 5 seconds.

RS 14:95.6 — Firearm-free zone; notice; signs; crime; penalties

A. A "firearm-free zone" is an area inclusive of any school campus and within one thousand feet of any such school campus, and within a school bus.

B. The provisions of this Section shall not apply to:

(1) A federal, state, or local law enforcement building.

(2) A military base.

(3) A commercial establishment which is permitted by law to have firearms or armed security.

(4) Private premises where a firearm is kept pursuant to law.

(5) Any constitutionally protected activity within the firearm-free zone, such as a firearm contained entirely within a motor vehicle.

RS 14:95.2 — Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone

A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.

C. The provisions of this Section shall not apply to:

(1) A federal, state, or local law enforcement officer in the performance of his official duties.

(2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.

(3) Any person having the written permission of the principal.

(4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.

(5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

Also, he was 18...he was within the law to possess a handgun.

RS 14:95.8
§95.8. Illegal possession of a handgun by a juvenile

A. It is unlawful for any person who has not attained the age of seventeen years knowingly to possess any handgun on his person.

 

[FishingBack]

Federal gun free zones DO apply to vehicles.

Everybody in this nation who carries concealed breaks the federal law every day. One with a mandatory 5 year prison sentence and loss of gun privileges.

 

[Tantrix]

Federal gun free zones DO apply to vehicles.

Everybody in this nation who carries concealed breaks the federal law every day. One with a mandatory 5 year prison sentence and loss of gun privileges.

Wrong. Read post #51 again. It is not and has never been illegal to have a firearm in a vehicle on school grounds in Louisiana.

There's a deputy that stands outside the school in the morning and evening at the elementary school my son attends. All season long in the mornings when I dropped my son off at school, I'd have my hunting rifle in plain view in my truck because I headed straight from the school to my deer stand. I also had my CCW handgun holstered on my belt as well.

You're saying I could have been arrested at least 30 times, but the deputy just chose not to? Wrong, I was within the law because my firearms were inside my vehicle, and I also never stepped out of my vehicle with my handgun on me.

 

[jrfount]

Does that mean our State law is no good? Does the Federal law trump or our Louisiana Constitution?

Since I see you are in French Settlement why wasn't that kid arrested awhile back for having a gun in the truck at FSHS when they locked both schools down?

Charlie 12 I just picked you as one of several.

Wow!! OK I stand corrected in my overlooking of the state law and since obviously I have made comments that are equivalent to murdering someone please allow me to apologize for my transgressions against all of mankind. In the future heres a crazy idea instead of getting combative about a statement why not try to educate instead of being a jackhole?

On that note thanks to tantrix for actually taking the time to find verifiable proof I based my post on my understanding of the signs posted at every entrance to every parking lot on Tioga's campus. My understanding of the law was flawed and now I've actually garnered a little fresh knowledge instead of a vebal berating.

 

[Tantrix]

Charlie 12 I just picked you as one of several.

Wow!! OK I stand corrected in my overlooking of the state law and since obviously I have made comments that are equivalent to murdering someone please allow me to apologize for my transgressions against all of mankind. In the future heres a crazy idea instead of getting combative about a statement why not try to educate instead of being a jackhole?

On that note thanks to tantrix for actually taking the time to find verifiable proof I based my post on my understanding of the signs posted at every entrance to every parking lot on Tioga's campus. My understanding of the law was flawed and now I've actually garnered a little fresh knowledge instead of a vebal berating.

I've known this for years, but I just wanted to point it out in case people were literally leaving their firearms at home if they knew they were going to be driving on school property at some point during the day. The term "gun free zone" can indeed land you in some deep ****, but only if you exit your vehicle with a firearm on you. As long as all firearms remain inside your vehicle on school grounds, you are within the law in LA.

 

[FishingBack]

Wrong. Read post #51 again. It is not and has never been illegal to have a firearm in a vehicle on school grounds in Louisiana.

There's a deputy that stands outside the school in the morning and evening at the elementary school my son attends. All season long in the mornings when I dropped my son off at school, I'd have my hunting rifle in plain view in my truck because I headed straight from the school to my deer stand. I also had my CCW handgun holstered on my belt as well.

You're saying I could have been arrested at least 30 times, but the deputy just chose not to? Wrong, I was within the law because my firearms were inside my vehicle, and I also never stepped out of my vehicle with my handgun on me.

You seem to be failing to grasp the issue. You are talking about state law.

A federal law is on the books. I haven't seen any LA LEO enforce it though.

But it's there....

 

[jrfount]

Just to keep stirring a little bit...

FishingBack do you know if the Fed's law expressely forbids the possesion of a firearm within a vehicle in a "GunFree Zone?" Constitutionally state law trumps Fed but that is an argument that would likely have to be battled in court. In the short time I'm curious as to exactly what the federal statute says.

 

[charlie12]

With all that Federal stuff that being posted here is the reason I want to know what these locals are charging the people with. I want to know what Louisiana RS they are booking them on. I really don't think some local is charging them with a Federal law. So 14:95.2 should cover the weapon in the vehicle.

 

[Tantrix]

So 14:95.2 should cover the weapon in the vehicle.

Correct.