would local cops report violation of fed safe school ?

[sammy penn]

Does anyone know if city or county law enforcement in California would report a violation of the federal safe school zone by a long gun open carrier to federal authorities ? Have they done it before that you know of ?

If they did report it do you think federal authorities would follow up and prosecute ?

I have read the federal law and I think if an open carrier was confronted by local police while with a long gun in a school zone and the open carrier refused to identify themselves, in accordance with the law, then it would be very difficult for the feds to follow up.

[bwiese]

Never assume lack of prosecution.... there's always a first, esp in crap like this.

US Attorneys can be pretty lazy - they like headlines and big dollar amount drug busts more than lower level things, but there's always a first. (Lookit how the SF US Atty office doesn't do anything about Project Exile welfare mom gun sales in Oakland, but spends a lot of time on steroid matters).

[sammy penn]

I do know that in Montana they actually have a law saying that federal gun laws dont apply. I know they openly flaunt violations of the federal school zone act and nothing is done up there.

I could just imagine LAPD calling up the local FBI branch and telling them to send some agents out to arrest an open carrier.

It wouldnt surprise me though

[tyrist]

I do know that in Montana they actually have a law saying that federal gun laws dont apply. I know they openly flaunt violations of the federal school zone act and nothing is done up there.

I could just imagine LAPD calling up the local FBI branch and telling them to send some agents out to arrest an open carrier.

It wouldnt surprise me though

Hahahahaha

Sorry but in my experience with federal authorities I find this absolutely hilarious. They almost never roll out to anything and at most just want a copy of whatever report you fill out.

[sammy penn]

speaking hypthetically here....

If federal authorities dont come out to scene, and the open carrier doesnt identify themselves and goes home, THEN if LAPD sends a report to federal authrorities how could the feds prosecute because with no firearm in evidence how could they prove the weapon moved in interstate or foreign commerce ?

[ClarenceBoddicker]

Whatever happened with the Fed gun/drug free zone BS? IIRC all or part of it got overturned, but later some or all of it got reworded or a new version passed. Wasn't that part of the Unsoeld 922R bill?

[Dreaded Claymore]

speaking hypthetically here....

If federal authorities dont come out to scene, and the open carrier doesnt identify themselves and goes home, THEN if LAPD sends a report to federal authrorities how could the feds prosecute because with no firearm in evidence how could they prove the weapon moved in interstate or foreign commerce?

Remember, they no longer have to prove that a given firearm moved in, or otherwise affects, interstate commerce. The Supreme Court has ruled that all physical objects affect interstate commerce for the purposes of the Commerce Clause.

However I suppose if they didn't have you, your name, the firearm, the firearm's serial number, or anything else that could be used to identify you, they'd probably have a hard time finding you.

[Eagle Eyes]

BUT WAIT..........

Isn't the whole argument of reporting illegal aliens to the Feds when they break federal law and the Feds not doing anything give you guys/gals ideas???

They can't go around saying we will report these types of law breakers but not those law breakers, especially in Sancturary cities which would be the same city PD that would report anything gun related to the Feds, just not other breakers of Federal Law.

Would make for a interesting lawsuit for unequal enforcing of the laws of different groups, mostly US Citizens vs. Illegal Entry Non Citizens.

[Ron-Solo]

You guys are missing the point, while not federal officers, local LE can enforce federal law. I did it many times when I worked the Angeles National Forest. We collected any evidence, identified suspects, and submitted reports to the US Attorney for prosecution.

We used local laws whenever possible, simply because it was much easier.

[randian]

You guys are missing the point, while not federal officers, local LE can enforce federal law.

According to Holder, only selected parts of federal law.

[Coyote Brown]

Local cops will arrest. They let the courts handle the notifying the to send a prosecutor. They don't need to be the arresting officer.

[sammy penn]

Local cops will arrest. They let the courts handle the notifying the to send a prosecutor. They don't need to be the arresting officer.

wouldnt that be a false arrest then ? local cops dont have jurisdiction and are only charged with enforceing state and city laws, right ?

[Coyote Brown]

Under "protecting society" and the PA they will handle the issue. If they see any law broken they have jurisdiction. Even off duty.

[Coyote Brown]

If anyone doubts the local cops will enforce this , I volenteer to film you ULOC in a safe zone. Just PM me , I would love to be your witness.

[Ron-Solo]

According to Holder, only selected parts of federal law.

According to Holder..........

836 PC contains a peace officer's authority to make an arrest under California law. Note that nowhere in this section does it refer to state, local or federal law.

(a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
(1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.
(2) The person arrested has committed a felony, although not in
the officer's presence.
(3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.

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