Man arrested for having gun in car at school

[DC47374]

Only thing worse than catching a felony......catching a felony in a Mickey Mouse polo. That might get him some major street cred in the slammer.

 

[EnochRoot43]

Jury nullification, we can only hope.

This. I hope some of you Hancock County fella's get your name pulled.

Keep your head down, play nice, and then go Runaway Jury

 

[beachhead40]

Holster, gun in front seat, this man is not a smart one, shoulder holsters are for big guns that you try to cover up.....................again idiot and idTENt law. IGNORANCE IS NO EXCUSE . it is people like this that give gun owners bad names.

 

[Indy317]

Everyone's already said, so I don't have much to add. He's hosed. The law's pretty clear on the matter. Maybe he can get a jury to nullify it, that's his only chance, really. Thankfully nullification is built into the Indiana Constitution.

Unfortunately, not being well liked by some in a community can hurt ones chances for nullification. If I were him, I would ask for a change of venue. I didn't realize who this was until I read the comments. This guy runs a Christian radio station. Years ago when Channel 6 broadcast their audio at the lower end of the FM spectrum, people in the Knightstown and Carthage area would complain about interference coming from his station. There was a news story, and then some sort of hearing in Rush Co. if I recall. One lady was interviewed because she claimed this guy wanted to discuss a flyer she put up in her shop. The just of her interview/story was he was rude.

Then there was the time he tried to get the FCC to allow him to "take over" (for lack of a better phrase) the airwaves of the lower powered K-12 radio stations in the Indy metro area:

http://www.nytimes.com/2005/11/23/nyregion/23education.html?pagewanted=all&_r=0

Crusades Come To Community Radio - AdPulp

While his past actions with others might have made the TV news, he clearly has enough intelligence to where he should know the law. Hopefully his past actions that were enough to make TV news don't cause an unfair taint with any prospective jury members. I don't care for the law as it is written, but it is what it is. The school he was arrested at is easily located within a dense residential and commercial zone. I don't think Greenfield has enacted any resident parking permit required on their side streets, so it would have been easy enough to just park in a public area and walk. Plus, taking a holster into a school will always, 100% of the time, cause people to panic. Just how things are now and why folks need to know the law.

 

[j706]

I was all for supporting cutting the guy some slack up until I read where he left the weapon in plain view. That is beyond dumb. I am willing to bet it gets pled down to a lesser charge (Misdemeanor)

 

[LP1]

Jury nullification, we can only hope.

"Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.

A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.

 

[Arickosmo]

If convicted though, it's a class D felony. Bit of a problem for a gun owner

 

[Kirk Freeman]

It can be a D felony.

Wait and see what happens.

Seems to me cases like this give great impetus to reform the no guns in school statute.

 

[Hammerhead]

"Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.

A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.

They wouldn't be rewriting the law for one person, they'd be rewriting it for every law abiding gun owner in the state. It's ridiculuous that we've been denyed our right to carry based on some unfounded fear that law abiding gun owners are going to do bad things when around children.

GFZ laws only turn those GFZs into victim disarmament zones. Criminals won't care that they're breaking the law when they're breaking the law. The fact that the school was a GFZ didn't stop the Newtown shooter after he murdered his mother, stole her guns and car and went on to murder 26 other people.

Neither the US nor the IN Constitutions say that we have the right to bear arms except... Even federal law has a license (or permit) exception. Jury nullification would get rid of a useless, knee-jerk reaction law that does nothing to protect schools.

 

[Hammerhead]

It can be a D felony.

Wait and see what happens.

Seems to me cases like this give great impetus to reform the no guns in school statute.

They are not so blind as those who will not see. Our legislature has gotten a great start with the removal of the "rolling school GFZ" section of the law. They're still blind to the victim disarmament zone portion of that law.

We can only hope they'll wise up in the next session.

 

[halfmileharry]

Do I feel for the guy? Yes, I only know what I saw on TV and read from the local stations though.
Seems like stupid train of thoughts on his part.
I also understand the LEO bustin' his dumbarse. Think of the mess the LEO would have been in IF the guy had been let go and then went beserk!
I heard or read the guy's going through a divorce as well? Hey, that's enough to get my mind working on a guy carrying a gun where he isn't supposed to be.
I think the law was originally intended to have good results BUT....Laws are only effective on the Law abiding.
I carry a gun all the time. I have a son in school.
Whether I like it or not I do obey the laws as written. I walk that line and jump through the hoops as set for me to carry my weapon. Bad law or not it's the law.

 

[Bunnykid68]

"Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.

A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.

It would not be rewriting it for one person, it would hopefully be rewriting it for all of us to an extent.

The law is wrong, it should be nullified.

 

[mrjarrell]

"Jury nullification" (finding the defendant not guilty when the evidence clearly shows that he committed the crime as charged) is a slippery slope. Do some research about how it was used in the south in the 1950s and early 60s - it's scary stuff.

A group of jurors in Hancock county should not rewrite the law for one person - it makes a mockery of our legal system and destroys the public's trust in the process. If the will exists to do so, the law should be changed via methods that are already in place.

I am more minded of the many cases where nullification was used to get around the fugitive slave laws in the 1800's. Nullification has a place and should be used when warranted.

 

[T2D4]

excellent arrest. need to send a message. if you want to carry a firearm, you need to have a functioning brain to accompany.

 

[purple72]

For those of you who asked about the prosecuter. Mike is a pretty nice guy, pro gun and a pretty stand up guy. I'm sure he will handle it the best he can, but I'm also sure he's limited in what he can do.

 

[T2D4]

Hopefully he will get a good lawyer and challenge this law on the basis of its unconstitutionality per the Indiana Constitution. Recall that Article I, Section 32 says simply:



Nothing there about school property, dropping off, or otherwise. I see no exception to the right to bear arms at a school.

i see nothing that prohibits me from carrying a nuclear warhead on my person as well.

brilliant logic.

 

[E'villeGunner]

Brain fart comes to mind.

 

[Bill of Rights]

I was all for supporting cutting the guy some slack up until I read where he left the weapon in plain view. That is beyond dumb. I am willing to bet it gets pled down to a lesser charge (Misdemeanor)

To what misdemeanor charge could this be pled down? Is there a lesser charge? (I've always read here that there was not, so if there is, someone please share! )

They are not so blind as those who will not see. Our legislature has gotten a great start with the removal of the "rolling school GFZ" section of the law. They're still blind to the victim disarmament zone portion of that law.

We can only hope they'll wise up in the next session.

In all fairness, the legislature is not blind to the stupidity of the GFSZ. There are several reps and senators who pushed for it over the past several years, however the inertia is a difficult thing to overcome. I asked a week or so ago that our members join me in writing, at least once a month preferably twice, to every legislator in the General Assembly (that is, each to our own, but hopefully reaching all 150 of them in the process) and politely requesting their cooperation with any good, pro-rights bills that may be introduced next session. I want to see them all come in fully aware that the repeal of Indiana's outdated, unConstitutional, and useless gun laws is what their constituents want. I want, when a good bill is presented, to see it get an overwhelming majority vote to pass, only amended to remove more of those idiotic laws, or possibly to more severely punish those who commit crimes while using guns. (such as the present law, class "C" felony to commit robbery, "B" felony if armed, "A" felony if anyone other than a defendant is injured ("serious bodily injury"))

i see nothing that prohibits me from carrying a nuclear warhead on my person as well.

brilliant logic.

Are you sure you're on the right board? Comments like that make me think you'd feel much more welcome among a different group of people.

Blessings,
Bill

 

[halfmileharry]

i see nothing that prohibits me from carrying a nuclear warhead on my person as well.

brilliant logic.

I'd hate to see the paperwork on that license

 

[Bill of Rights]

i see nothing that prohibits me from carrying a nuclear warhead on my person as well.

brilliant logic.