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October 28th, 2009, 10:42 AM #21
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October 28th, 2009, 10:43 AM #22
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October 28th, 2009, 10:47 AM #23
Re: Man arrested for having gun on school property
Well, not really. As gnbrotz mentioned, Heidler was ultimately decided on constructive possession. The issue of carrying legally ("for other lawful purpose") was not included in the decision, so I think that case varies fro this one enough to make it only slightly relevant.
Yeah, but that is report of a mwag on a public street. Not a (presumed) prohibited place. I'm not sure it matters but I would not assume that ruling would necessarily apply to a school or other prohibited place._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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October 28th, 2009, 11:13 AM #24Grand Member
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Re: Man arrested for having gun on school property
F*S=k
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October 28th, 2009, 11:14 AM #25Junior Member
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Man arrested for gun on school property
Willow Grove man attending an adult education class at the North Montco Technical Career Center class was arrested Monday for bringing a weapon onto school property.
Towamencin police said Christopher Anfuso, 40, had a permit to carry a firearm but it was illegal for him to have the gun on school property, police said. Police said Anfuso had a semiautomatic pistol with a loaded magazine in his vehicle.
Police said Anfuso had told another student about the gun, triggering an investigation by school authorities, who then contacted police.
No threat to use the firearm or other threat of violence was reported, police said
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October 28th, 2009, 11:16 AM #26
Re: Man arrested for having gun on school property
So if YOU were approached by LE while on school grounds, and they said someone had reported you were in possession of a firearm:
1. Would you consent to a search of your person?
2. Would you expect to be searched even if you did not give consent?
3. Do you believe they would have the legal right to search (absent consent) in that situation?Get your "Guns Save Lives" stickers today! PM for more info.
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October 28th, 2009, 11:17 AM #27Grand Member
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Re: Man arrested for having gun on school property
hawkins was concealing the gun in philly. so, his conduct was generally prohibited by law but with exceptions. same as carrying on school property. so, i think, from that regard, hawkins is still relevant.
however, the tip in hawkins was anonymous (and the opinion makes a relatively big deal of that)...the tip in this case, from what i can tell, was not anonymous. imho, that is the key difference.F*S=k
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October 28th, 2009, 11:18 AM #28
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October 28th, 2009, 11:20 AM #29Grand Member
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Re: Man arrested for having gun on school property
no.
2. Would you expect to be searched even if you did not give consent?
3. Do you believe they would have the legal right to search (absent consent) in that situation?F*S=k
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October 28th, 2009, 11:21 AM #30
Re: Man arrested for having gun on school property
I would not consent and I have no idea what to expect. I never know what to expect when dealing with the police because they are very inconsistent.
My point was that I do not think hawkins *necessarily* means such a search would or would not be found legal in court as the circumstances are different._________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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