Here's one to watch - Reporter with CCW arrested on school property (merged)

Here's one to watch - Reporter with CCW arrested on school property (merged)

This is a discussion on Here's one to watch - Reporter with CCW arrested on school property (merged) within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Reporter arrested for bringing protection gun onto school grounds This is from The Palm Beach Post's website. Miami TV reporter arrested for carrying gun on ...

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Thread: Here's one to watch - Reporter with CCW arrested on school property (merged)

  1. #1
    VIP Member Array peacefuljeffrey's Avatar
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    Post Oh great. Another blemish for CCW license holders

    Reporter arrested for bringing protection gun onto school grounds

    This is from The Palm Beach Post's website.

    Miami TV reporter arrested for carrying gun on school grounds
    MIAMI A television reporter investigating a story on school violence was arrested Tuesday for carrying a loaded gun onto school property, authorities said.

    Jeffrey Weinsier, an investigative reporter with WPLG-ABC 10, was taken into custody at Miami Central High School after ignoring several warnings not to walk on school property, Miami-Dade schools police said.

    "Kindly, go across the street now," an officer is shown telling Weinsier during the videotaped encounter.

    "I'm not," Weinsier replied. The officer then handcuffed him.

    Weinsier, 40, was charged with possession of a firearm on school grounds, trespassing on school property with a weapon and resisting officers without violence.

    The photographer working with Weinsier, Frank Debesa, said afterward: "Jeff did have a gun on him."

    Weinsier began carrying a gun after he received death threats stemming from a series he did about unsanitary conditions at local restaurants, the station said.

    "At this point, Channel 10 is still reviewing the circumstances surrounding today's arrest," said Dave Boylan, the station's vice president and general manager.

    Weinsier has a concealed weapons permit but police Detective Ed Torrens said state law prohibits anyone from being armed at schools.

    Weinsier was released from jail on $11,000 bond.

    He told Channel 10 afterward: "I've been advised not to say anything. The videotape speaks for itself... I was not trespassing."

    A telephone message left on his work voice mail by The Associated Press was not immediately returned.

    So many unanswered questions. Chief among them:
    How did anyone know he was carrying a gun?!

    I want to know what he was saying, "I'm not," to. Was it in response to the request to go across the street? ("I'm not" going to cross the street?) Or was it to an accusation that he was trespassing on prohibited grounds?

    Does the videotape actually bear out that he was not trespassing on prohibited grounds?

    I reallllly want to know, though, whether his news agency employers knew he carried a gun and officially allowed it. Wouldn't that be something! I am not familiar with his station, but is it hard to believe it would be like all the other typical stations, sensationalizing gun violence and "assault weapons" and spewing hysteria about CCWers?

    I'll be looking for more on this story. Anyone finds more, please please post.


  2. #2
    Senior Moderator
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    They probably found the gun when he was searched following his arrest for trespassing.

    Seriously, what manner of idiot has a CWFL and doesn't understand that carry on school property is forbidden? Perhaps this is a case of a media member thinking the laws don't apply to them, owing to their "special" status?

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  3. #3
    VIP Member Array peacefuljeffrey's Avatar
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    Let's not leap, Matt.

    I've seen comments on the website for the Ft. Lauderdale Sun-Sentinel that say that the video shows the reporter outside the fence, on the sidewalk that surrounds the school. What business the cop had telling him he couldn't be there, I don't know.

    Someone cited a law (on the comments board) related to the principal having authority to direct the school police to remove anyone who might reasonably be suspected of loitering or committing a crime within a 500 foot zone of the school -- but the reporter reporting on a story wouldn't fall into that category.

    The fact remains that even IF the reporter was in possession of a gun (prohibited) on school grounds, that doesn't change the fact that the law that prohibits licensed carry on school grounds is stupid to begin with!

    Let's wait and see whether he really was on school grounds. Then we can begin debate on whether we should even have prohibitions against weapons on school grounds to begin with.

    I'll offer a hearty NO!!!!

  4. #4
    Distinguished Member Array P7fanatic's Avatar
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    Cool

    Quote Originally Posted by peacefuljeffrey View Post
    Someone cited a law (on the comments board) related to the principal having authority to direct the school police to remove anyone who might reasonably be suspected of loitering or committing a crime within a 500 foot zone of the school -- but the reporter reporting on a story wouldn't fall into that category.
    I'd have to see that law to believe it. Sounds suspect.
    "The price of freedom is eternal vigilance." -Thomas Jefferson

    "Liberalism is a Mental Disorder." -Michael Savage

    GOOD Gun Control is being able to hit your target! -Myself

  5. #5
    Senior Member Array briansmech's Avatar
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    One word.........


    Beslan.

    revoke the stupid law. qualified, law abiding citizens are not a threat.

  6. #6
    Member Array spydad's Avatar
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    Quote Originally Posted by briansmech View Post
    One word.........


    Beslan.

    revoke the stupid law. qualified, law abiding citizens are not a threat.
    ++1

  7. #7
    Member Array lr_01's Avatar
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    I agree that the law needs to change but, isn't it also a federal law???

  8. #8
    Senior Moderator
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    Quote Originally Posted by peacefuljeffrey View Post
    The fact remains that even IF the reporter was in possession of a gun (prohibited) on school grounds, that doesn't change the fact that the law that prohibits licensed carry on school grounds is stupid to begin with!
    Even though it may be a stupid law, that does not change the fact that carrying a firearm on school property is a violation of both state and federal law.

    Every CWFL holder is provided with the list of prohibited places. If this person carried in a prohibited place, there is no reasonable way to claim ignorance, not that ignorance is a defense.

    Matt
    Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
    Blame it on Sixto - now that is a viable plan.

  9. #9
    Ex Member Array FN1910's Avatar
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    I believe that the Federal law is within 1,000' of a school but may be overridden by state law. I don't know the law in Florida but from the write-up it says he was on school property.

    The law may be stupid but it is still the law and whether he was in fear of his life or not and just because he was a reporter does not grant him immunity from the law.

  10. #10
    Member Array Hawk's Avatar
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    Quote Originally Posted by MattLarson View Post

    Seriously, what manner of idiot has a CWFL and doesn't understand that carry on school property is forbidden?
    Matt
    Perhaps the same manner of idiot who makes broad assumptions on the law

    Here is the relevant section on the law as it relates to the state of Florida(where I notice you are a CCL holder - didn't you read this?):

    790.06 (12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05 [below]; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose [BARS no, Restaurants are OK]; any elementary or secondary school facility; any area vocational-technical center; any college or university facility [there is an on going debate at to what a "facility" means; a building? the lunch room? The BIG question is the parking lot, can you leave it in your car? Probably, but I don't want to be the test case!] unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or non-lethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile.

    I have removed a lot of the text and left only those parts relevant to the situation. The bolded areas are commentary and not part of the language of the statute. My guess is that unless he was in the building he was fine. Since none of us have seen the actual video yet we will have to withhold any further judgement.

    This does bring up a couple of points: Most of the posts about this guy are less than supportive. Think on this: here is an individual who has received death threats and is doing a story about a school with a high level of violence... which of US wouldn't carry in that situation? I think its a strong possibility that this is a situation where a school officer over-reacted and likely didn't fully understand the law he was "enforcing". Also - does anyone doubt that the school's administration didn't want this "black-eye" story run and was attempting to chase the guy off?

  11. #11
    Member Array mousehunter's Avatar
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    Fed law states "unlicensed" so states lissued licenses can trump. Texas defined facilities in their code as buildings. Texas did not want to unarm parents going to pick up their kids after school.

    Big issue is the sidewalk outside the fence part of the school ground. I am curious if he was even trespassing.

  12. #12
    VIP Member Array obxned's Avatar
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    I saw the video - he was standing on a public sidewalk. The problem was he was in the process of doing a story on violence in that school. The school administration asked the cops to make him go away.

    Both the 1st and 2nd Amendments mean nothing there.
    "If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan

  13. #13
    Member Array Hawk's Avatar
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    Quote Originally Posted by obxned View Post
    I saw the video - he was standing on a public sidewalk.
    Thanks Obxned - obviously this is a case where the CCW holder was operating within the restrictions of his permit. His arrest was probably unjustifiable - the court (or DA) will determine that.

    An important lesson here is that you can't count on the LEOs to understand and be 100% versed in the intricacies of law, mistakes will happen.

  14. #14
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    An important lesson here is that you can't count on the LEOs to understand and be 100% versed in the intricacies of law, mistakes will happen.
    Thats a fact. When in doubt,most of them will hook you up and let the lawyers sort it out. That covers their butts for not acting. Fact of the matter is, not many people, laywers included,know the exact details of a law and they wont until they get involved in a particuar case and research it.

    As for standing on a sidewalk in front of a school, I'd almost bet that it IS included in school property just for legal reasons.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  15. #15
    Member Array Hawk's Avatar
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    Quote Originally Posted by HotGuns View Post

    As for standing on a sidewalk in front of a school, I'd almost bet that it IS included in school property just for legal reasons.
    HotGuns - you would lose that bet (at least in FL). The law was not intended to restrict people's ability to carry to the school (or down the sidewalk). Even school grounds are a grey area and the definition of "facility" is the big question.

    I want to make clear that my statement "you can't count on the LEOs to understand and be 100% versed in the intricacies of law" was in NO way a knock on law enforcement officers. It was simply a point of fact. There are to many laws on the books for any LEO to be completely familiar with all of them.

    EDIT: After watching the video I was appalled by the lack of professionalism shown by the LEO. I hope he is reprimanded and suspect that his actions (particularly his attempt to manhandle the cameraman) may be criminal. No LEO should ever fear a camera. I look forward to any responses (particularly SIXTO's) from our LEO members.

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