View Single Post
  #21  
Old 10-19-2010, 8:21 PM
Window_Seat's Avatar
Window_Seat Window_Seat is offline
Veteran Member
 
Join Date: Apr 2008
Location: Phoenix, AZ (The United States of America)
Posts: 3,535
iTrader: 4 / 100%
Arrow

Quote:
Justice: "Was the record developed that the Fairgrounds is a sensitive place, and therefore guns should be banned there?"

County Counsel: "Yes, the County’s position is it certainly was, we didn’t have the rubric of what is a sensitive place, but in terms of the sensitive places category, first of all, the Supreme Court has identified two very different locations; “Government buildings”, and “schools”. There are different things about those two locations that make them sensitive places. One way to look at that is to say the Court is indicating that there’s a Legislative role in deciding what’s a sensitive place, just as the Heffron Court looked at the Fairgrounds and determined in essence, this is a sensitive place with respect to assertion of First Amendment Rights, because we have crowd control issues; because we have people who come here with the expectation that the Governmental body is going to be protecting them while they are using the Fairgrounds for its principle purpose."

Justice: "But there’s no finding is there… by the trial Judge that this is or is not a sensitive place…"

County Counsel: "There’s no finding by the trial judge on that point, but if there’s sufficient evidence before this court, for the court to buttress it’s other findings regarding the Second Amendment with the conclusion that the Fairgrounds fits nicely within the category, then there is no reason to send it back to the trial court…"
Erik.
Reply With Quote