georg jetson
Regular Member
I disagree with the bold part and here's why:
A local LEO has the authority to detain a person if they have reasonable suspicion to believe that a Federal law has been broken until such person can be turned over to the Federal LEO that will then perform the custodial arrest.
Good point.
The Federal Gun Free School Zone law makes it illegal to carry the gun within 1000' of the school. The EXCEPTION to that law is if the person is licensed by the state the school zone is in. So, the officer, upon seeing the gun in the Federally defined GFSZ would have reasonable suspicion to indicate the subject was violating the Federal law until such time as the person could show to the officer the evidence that they were exempt from such law.
Now, if the Federal law was worded differently, so that the actual prohibition itself said that it was only illegal to carry the gun in the GFSZ without being licensed, THEN the officer would only have RAS for the stop IF they had RAS to believe that the person did not possess a license, for example they recognized the person as a known convicted felon.
I'm gonna continue to disagree with this unless you have some evidence in support. As of now I can't show anything to support my disagreement. Still looking...
You did prompt me to start doing some research on existing fed gfsz case law and it looks like I have a LOT of reading to do. We've gotta get rid of this law one way or another.
It also looks like somebody got a promotion NavyLCDR...