Anti-Gun activist breaks Gun Free Zone Law

[sarabellum]

There may be poetic justice in the incident, but it is still an unconstitutional law and we should be against his prosecution under an unconstitutional law.

I hope he walks and then gets his head together and starts lobbying for the right to self-defense for everyone.

That is the correct analysis. In lieu of the Supreme Court decisions and the 9th Circuit's Peruta decision, allowing time, place, and manner restrictions on the carrying of firearms, we can expect legislatures to ban firearms in more places thereby eviscerating the right to bear arms outside of the home.

No one cited what if any law the defendant, Dwayne Ferguson, violated. The NY Gun Free School Zone Act, , provides:

A person is guilty of criminal possession of a weapon in the fourth
degree when:

(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school...

Knowingly is an issue in the Buffalo case. However, NY Penal Code 400. Therefore, unless some other law exists banning handguns on school property, the defendant Dwayne Ferguson, is not criminally liable under the New York GFSZA, because he allegedly holds a concealed weapon permit.

[e90bmw]

So, if he holds a permit, why was he arrested.

Here in Ca., this would be a non-incident for a person with a CCW/LTC.

[NIKSD]

So, if he holds a permit, why was he arrested.

Here in Ca., this would be a non-incident for a person with a CCW/LTC.

... In a school zone? CCW is not good in schools!

I hope he goes in jail!

[RobertMW]

... In a school zone? CCW is not good in schools

Umm... We really need to get the [/SARCASM] font working, because I am not sure sure what this comment is...

[e90bmw]

... In a school zone? CCW is not good in schools!

I hope he goes in jail!

If you don't know about CCW/LTC please don't comment.
Here in Ca.

"While the California Gun-Free School Zone Act of 1995 (626.9Cal PC) generally prohibits guns in schools, it has an exemption, located in PC 626.9(l), for Peace Officers, retired Peace Officers, and licensed CCW holders."

Here is a clip from the penal code, see the part in bold:
(l) This section does not apply to a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making arrests or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Chapter 4(commencing with Section 26150) of
Division 5 of Title 4 of Part 6, or an armored vehicle guard, engaged
in the performance of his or her duties, as defined in subdivision
(e) of Section 7521 of the Business and Professions Code.
(m) This section does not apply to a security guard authorized to
carry a loaded firearm pursuant to Article 4 (commencing with Section
26000) of Chapter 3 of Division 5 of Title 4 of Part 6.
(n) This section does not apply to an existing shooting range at a
public or private school or university or college campus.
(o) This section does not apply to an honorably retired peace
officer authorized to carry a concealed or loaded firearm pursuant to
any of the following:
(1) Article 2 (commencing with Section 25450) of Chapter 2 of
Division 5 of Title 4 of Part 6.
(2) Section 25650.
(3) Sections 25900 to 25910, inclusive.
(4) Section 26020.


So in California with a valid LTC/CCW; this isn't a story......

[Baja Daze]

Reap what you shall sow...

Oh the irony, however this is a classic example of how STUPID the SAFE Act is along with GFSZ.

[epilepticninja]

He "forgot" he had his gun on him? How is that even possible? If he can't remember where his gun is, he shouldn't be carrying.

That's what I was thinking. I don't care who you are, you know when you have a weapon on you. And he must have exposed it for someone to call in the popo about a MWG.