Man arrested for having gun in car at school

[rockhopper46038]

1. Know the law and follow it.
2. Don't incriminate yourself. Keep your trap shut.

 

[singlesix]

Wearing empty holster in school .. fail

Left his pistol in plain sight in his car ... fail

I don't have any sympathy for this guy.

 

[Texron]

Don't different states have different laws?

 

[GodFearinGunTotin]

The law is quite clear. Depending on the conversation, if I were that security guard, if I thought that was an honest mistake, I would have given that guy a warning, a little education, and a minute or two to get that thing off school property.

Too bad you have to practically be a lawyer to exercise a constitutional right.

 

[GunnerDan]

Bad law, nothing more than the criminalization of another American. Let's see, how many driving laws in other states can get a person arrested and charged and possibly convicted of a felony for not knowing? Why is it so hard to understand the following:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Gunner

 

[mrjarrell]

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.

 

[littletommy]

Wearing empty holster in school .. fail

Left his pistol in plain sight in his car ... fail

I don't have any sympathy for this guy.

^^^This^^^
A guy I work with did the same exact thing, left the gun in the truck, kept the holster on his belt, and went into the school for a ball game. A cop approached him and asked him about the holster, to which work guy responded "I left it in the truck". Cop went on his way.

I told the guy at work, after he told me the story, that he was lucky that cop either didn't know the law, or chose to let it slide, because he was committing a felony. I don't think he actually believed me. Same guy has told me numerous times that if someone calls the cops on you for carrying, the cop will take your LTCH right there on the spot.

With some people, it's only a matter of time before they screw themselves with stupid behavior.

 

[Bearclaw]

I would have said it was National Wear a Holster to School Day.

HA! Made me laugh.

 

[Indy_Guy_77]

Maybe he can get a jury to nullify it, that's his only chance, really. Thankfully nullification is built into the Indiana Constitution.

This is my hope against hope. Probably about a 0.5% chance of that happening, though, with the way prosecuting attorneys can strike jurors (same as defense attorneys).

Michael Griffin is the PA for Hancock Co. Perhaps he needs contacted, many many times about going forward with this...

Hancock County Prosecutor

Anyone happen to know him and his "bents"?

-J-

 

[drillsgt]

Wearing empty holster in school .. fail

Left his pistol in plain sight in his car ... fail

I don't have any sympathy for this guy.

I'll add some more, idiot security guard...fail--non-idiotic response would have been to tell him he can't have it on school property and at least move his car and then he can come back in. I'm not sure if the security guard actually talked to him or just saw the holster and flipped out like a sissy girl?

I hope the greenfield PD feel like heroes for saving us all from...nothing. Not to mention arresting some guy at his kids school Now for a simple mistake that an officer could have helped out with in about 2 minutes we have a guy facing a felony, great police work...fail

The only hope now is the prosecutor sees that there was no unlawful intent and doesn't take it any further, or at least doesn't take it to the extreme. I have sympathy for the guy and for anybody caught up in idiotic laws.

 

[drillsgt]

This is my hope against hope. Probably about a 0.5% chance of that happening, though, with the way prosecuting attorneys can strike jurors (same as defense attorneys).

Michael Griffin is the PA for Hancock Co. Perhaps he needs contacted, many many times about going forward with this...

Hancock County Prosecutor

Anyone happen to know him and his "bents"?

-J-

I got called up last year, would love to be on this one.

 

[Dirtdart504]

I hope the greenfield PD feel like heroes for saving us all from...nothing. Not to mention arresting some guy at his kids school Now for a simple mistake that an officer could have helped out with in about 2 minutes we have a guy facing a felony, great police work...fail

The only hope now is the prosecutor sees that there was no unlawful intent and doesn't take it any further, or at least doesn't take it to the extreme. I have sympathy for the guy and for anybody caught up in idiotic laws.

It's kind of hard for a cop to dismiss a felony. This law is the same level as possession of cocaine.

That said, this is a dumb law. Jury nullification anyone?

 

[jwh20]

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:

The people shall have a right to bear arms, for the defense of themselves and the State.

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

 

[Bill of Rights]

This is my hope against hope. Probably about a 0.5% chance of that happening, though, with the way prosecuting attorneys can strike jurors (same as defense attorneys).

Michael Griffin is the PA for Hancock Co. Perhaps he needs contacted, many many times about going forward with this...

Hancock County Prosecutor

Anyone happen to know him and his "bents"?

-J-

Someone correct me if I'm mistaken, but isn't that the one that's colloquially known as "handcuff county"?

I think he's managed to screw himself royally, and sadly, there is no misdemeanor crime to which he can plead this down.

I think my answer would have been, "Ever hear of an "empty holster protest"?"

Of course... my gun might have been in my vehicle, but if it was, my vehicle would have been parked off school property.

His only hope, not knowing the law, was leniency on the part of the security guard. Hope he has a good lawyer.

Blessings,
Bill

 

[Dirtebiker]

Perhaps this man has a 100% squeaky clean record... And this may possibly have a chance at being a case that will make the laws better in IN.

Long shot, I know, but there IS a chance...

-J-

I agree! This could make a great test case!
His perceived ignorance could work against him though!

 

[drillsgt]

It's kind of hard for a cop to dismiss a felony. This law is the same level as possession of cocaine.

That said, this is a dumb law. Jury nullification anyone?

If they're not going to help a guy who wasn't intentionally trying to break the law why should we believe all these cops coming out and saying they are not going to enforce this law or that law when it comes to 2A rights? Of course they are it just makes the sheeple feel good like they are on our side. Nobody should be complaining about the NY cop that just hooked up a guy for having 9 rounds instead of seven it's the same level of insanity.

 

[Bunnykid68]

Jury nullification, we can only hope.

 

[Cameramonkey]

yeah, I sometimes will thing twice about going to events that are on school property but not affiliated with schools.. Like the Indy model train show. its usually held in the gym of a school. Started to go one day and actually had to stop and go back in the house and put the handgun back in the vault when I remembered who's property I was going to be on.

Kind of annoying considering it was a saturday and not a school kid in sight.

 

[Frank_N_Stein]

I hope the greenfield PD feel like heroes for saving us all from...nothing. Not to mention arresting some guy at his kids school Now for a simple mistake that an officer could have helped out with in about 2 minutes we have a guy facing a felony, great police work...fail.

Discretion isn't questioned when the crime committed is certain misdemeanors, infractions, or ordinance violations. Letting someone skate on a felony can earn an officer an unpaid suspension or even termination. That being said, had it been an officer that initiated the investigation it possibly could have ended with the guy being lectured and his hand smacked, but with an independent non-police witness the officer has a harder time being able to do that.

 

[SteviGX]

Yeah, Greenfield is the center of Handcuff County. I grew up there

He could have parked off school property (across the street from the entrance) and been fine, but seeing as that isn't the case, he surely opted for the closer one. 100 more feet and he wouldn't be in jail.