Cop In Trouble After Leaving Loaded Handgun At School (Eddie the Eagle works)

http://www.wftv.com/news/2653110/detail.html ^

[Stew Padasso]

Cop In Trouble After Leaving Loaded Handgun At School

POSTED: 4:47 p.m. EST November 20, 2003 UPDATED: 5:07 p.m. EST November 20, 2003

ORLANDO, Fla. -- An Orlando police officer is under investigation after he left a loaded handgun at a school. Kenneth Pinkston was off duty when his personal firearm was dropped inside the auditorium at Kaley Elementary.

The handgun that was found is smaller than a videotape. But, fortunately, it wasn't fired. The gun looked like a toy, however, it's anything but.

"If you don't know what you're doing and pick it up...Bang!" comments Larry Anderson, Shoot Straight Gun Range.

Two first graders found it Wednesday morning on the floor of Kaley Elementary's auditorium.

"Of course, it's an alarming situation and we were pleased that the boys and girls knew exactly what to do," says Principal Sandra Daves.

The 6-year-olds' learned, this year, the do's and don't from an Eddie the Eagle video.

"It teaches them, if you see a gun, you stop, you don't touch it, you leave that area and go tell an adult immediately and that's what our kids do. So, we're really proud of them," says School Resource Officer LuAnn Farmer.

Unlike many handguns, the Keltec .32-caliber does not have an external safety, which basically means, you can walk up, grab the gun, point and shoot.

Orlando Police Department's policy doesn't require off-duty cops to have a gun, but does encourage it. The investigation should uncover why Pinkston, who was at his daughter's program, didn't tell anyone about the missing gun.

"I don't think he knew that he had lost it there. It was one of the places he was looking and, unfortunately, he didn't find it when he looked for it," explains Brian Gilliam, Orlando Police Department.

Instead, two first grade boys, who knew what not to do, found the gun.

This school had another scare Thursday morning when a rusted, non-working BB-gun was found near the playground. And, like the handgun, students didn't touch it, but contacted the principal. These are two examples of how not everything taught at school shows up on the report card.

[Stew Padasso]

"The 6-year-olds' learned, this year, the do's and don't from an Eddie the Eagle video."

[MindBender26]

Cop is felony stupid.

Civilian CCW in Florida prohibits weapon on school grounds. If cop off duty, same applies to him????

[GovernmentShrinker]

My carry gun is a Keltec P32. They're so lightweight and small (less than HALF the size of a videotape) that it would be easy not to realize it was no longer with you. I carry mine in the pocket of my running shorts when I go running, and I barely feel it. As for "pick it up and ... Bang!"? Well, not exactly. It's true it has no safety, but it's got a mile-long trigger pull. No way is one of those things going to go off by accident.

[cpst12]

>>Civilian CCW in Florida prohibits weapon on school grounds. If cop off duty, same applies to him????

No laws apply to cops...they are above all laws. They answer to no one.

[longtermmemmory]

no

[OXENinFLA]

Title XLVI
CRIMES Chapter 790
WEAPONS AND FIREARMS View Entire Chapter

790.052 Carrying concealed firearms; off-duty law enforcement officers.--

(1) All persons holding active certifications from the Criminal Justice Standards and Training Commission as law enforcement officers or correctional officers as defined in s. 943.10(1), (2), (6), (7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms, during off-duty hours, at the discretion of their superior officers, and may perform those law enforcement functions that they normally perform during duty hours, utilizing their weapons in a manner which is reasonably expected of on-duty officers in similar situations. However, nothing in this subsection shall be construed to limit the right of a law enforcement officer, correctional officer, or correctional probation officer to carry a concealed firearm off duty as a private citizen under the exemption provided in s. 790.06 that allows a law enforcement officer, correctional officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) to carry a concealed firearm without a concealed weapon or firearm license. The appointing or employing agency or department of an officer carrying a concealed firearm as a private citizen under s. 790.06 shall not be liable for the use of the firearm in such capacity. Nothing herein limits the authority of the appointing or employing agency or department from establishing policies limiting law enforcement officers or correctional officers from carrying concealed firearms during off-duty hours in their capacity as appointees or employees of the agency or department.

(2) The superior officer of any police department or sheriff's office or the Florida Highway Patrol, if he or she elects to direct the officers under his or her supervision to carry concealed firearms while off duty, shall file a statement with the governing body of such department of his or her instructions and requirements relating to the carrying of said firearms.

[Ronaldus Magnus]

This incident is a great reminder to buy one of these videos for every child you care about.

[Redbob]

Isn't there a federal law that applies here?

Or are we helpless against stupid cops?

[usadave]

Kenneth Pinkston was off duty when his personal firearm was dropped inside the auditorium at Kaley Elementary.

If this officer's gun was dropped, wouldn't it make some noise when it hit the floor? (Or maybe the gun landed on a big, fluffy pillow?)

[glock rocks]

Thankfully, every Thursday is Eddie Eagle day at my kids' elementary school.

As an aside, concealed carry is legal on school grounds in Utah.

[SJSAMPLE]

I've got one two. Great little carry gun when you've got to go "minimal". Smart thinking by those kids, who showed more sense than the cop.

[GovernmentShrinker]

Maybe. Or maybe the small-handed first graders tried to get the thing to go bang, gave up, and THEN went to get brownie points from an adult.

[MD_Willington_1976]

Most school libraries I've been in have a carpeted floor to keep the noise down. A polymer pistol hitting a carpeted floor probly wouldn't make a huge racket.

[Abe Froman]

This school had another scare Thursday morning when a rusted, non-working BB-gun was found near the playground.

Whoooo, big scare. Frightening. I'm sure the National Guardsmen wore chemical and armored suits when dealing with the weapon in question.

[El Gato]

Isn't there a federal law that applies here?

From US Code Title 18 Section 922 (where most, but not all, federal "gun crimes") are to be found:

(2) (A)
It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
(B)
Subparagraph (A) does not apply to the possession of a firearm -
(i) on private property not part of school grounds;
(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;
(iii) that is -
(I) not loaded; and
(II)
in a locked container, or a locked firearms rack that is on a motor vehicle;
(iv) by an individual for use in a program approved by a school in the school zone;
(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
(vi) by a law enforcement officer acting in his or her official capacity; or

So can you see that once again police are excepted. However in this case so are CHL holders, under some conditions at least, YMMV depending on state and local transgressions.

[El Gato]

If this officer's gun was dropped, wouldn't it make some noise when it hit the floor? (Or maybe the gun landed on a big, fluffy pillow?)

Many schools are carpeted these days, and the Kel-Tech is light plastic framed gun, so it might not make much noise. Besides, it was in an elemetry school, which many times are not the quietest of locations.

[neverdem]

Great Post. Thanks