Done!!!!!!!!!!!!!
Posted on 05/26/2013 10:17:15 AM PDT by lowbridge
Kansas elementary school teacher Daniel Nagel faces a year in prison and job loss for going above and beyond the call of duty and protecting his students with his concealed-carry permit.
-snip
On Monday, May 20, Dan was teaching gym and carrying his handgun in an inside-the-waistband hip holster. So, there was zero chance that his gun would fall out of his holster or hurt his students and a 100 percent chance that Daniel could defend his students if a gunman breached the school. Daniel is highly competent with firearms; he practices at the range monthly and also takes yearly classes to advance his firearm skills.
Another teacher observed what must have been the silhouette of Daniel’s handgun beneath his clothes while he was actively teaching his students. This teacher-observer panicked and told the principal that Daniel had a gun. Without investigating, the principal immediately called the police. Despite the fact that Daniel is a concealed-carry permit holder with a spotless record, the police arrested him for carrying in a “gun free zone.”
A few police officers tried to remove Daniel’s gun from his holster and were unable so Daniel had to tell them how. Which, again, speaks to how secure Daniel’s gun was at his side. To reiterate, there was no chance that his gun would endanger children; there was a very large chance that Daniel could use his gun to save their lives. The Wichita Police Department is a 12-minute drive and seven miles away from White Elementary. In the event of a mass attack, hundreds of defenseless children and teachers could be killed before the cops would arrive.
(Excerpt) Read more at mrconservative.com ...
Didn’t they arrest a kid for drawing a gun and disarm him?
I am not sure that is true. The Second Amendment does not say "the right to keep and bear arms ANYWHERE shall not be infringed," as one clearly has the choice to decide not to go where they are forbidden without having the right to carry infringed. In the days of the Founders, there were places "gentlemen" did not take their weapons. Said weapons were also slow to implement and unlikely to be concealable. So, to clarify your post, is there anywhere a person should not be allowed to carry? What about on the private property of another? What about the Senate chamber or the SCOTUS? Are you really thinking that the Black Panthers should be able to carry their AR-15s into the SCOTUS chambers? Even with armed guards present, just one of them could knock off three justices before anyone else could take him down. Let's say it was Scalia, Thomas, and Alito... What would you say then with Zero naming their replacements? Have you really thought this through?
They refer to the legislation as “Senate Substitute for HB 2052”. It says the law will be effective on July 1, 2013.
I believe that much of the language in gun legislation is difficult to understand. Sometimes it is not cleared up until a case relevant to the law is decided by the state supreme court.
Here’s an example of language from this new law in Kansas. . .
“No city, county or other political subdivision of this state shall regulate, restrict or prohibit the carrying of concealed hand guns by persons licensed under this act except as provided in section 2, and amendments thereto, and in subsection (b) of K.S.A. 2012 Supp. 75- 7c10, and amendments thereto, and subsection (f) of K.S.A. 21-4218, prior to its repeal, or subsection (e) of K.S.A. 2012 Supp. 21-6309, and amendments thereto.”
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S Sub for HB2052 page at Kansas legislature. . .
http://www.kslegislature.org/li/b2013_14/measures/hb2052/
Summary of bill. . .
http://www.kslegislature.org/li/b2013_14/measures/documents/summary_hb_2052_2013.pdf
Text of bill S Sub for HB2052. . .
http://www.kslegislature.org/li/b2013_14/measures/documents/hb2052_enrolled.pdf
“he did...cause a panic incident.”
No, the “observer” and the principal did by overreacting.
Probably not a constitutional issue, but one of employment law. As a condition of employment, he no doubt was required to adhere to rules that he was fully aware of, and certainly he had knowledge of the gun restriction.
And I guess the observer and or the principle knows the mental state of this person 24 hrs a day? Granted there should have been some discussion but, with all due respect the Teacher brought the weapon to a gun free zone!
I would hope he appeals this all the way to the Supremes. The Gun Free Zones are unconstitutional and are magnets for psycho/criminals to go on a shooting spree. This law needs to be repealed.
If I were on his jury, I'd nullify the law.
“.....the law is the law!”
You mean like, “the right of the people to keep and bear Arms, shall not be infringed”? -”SHALL NOT BE INFRINGED”-
These were rules to which both parties had agreed without contemplating the consequences. All such questions are matters of relative risk. If they were researchers with potentially deadly bacteria or genetically modified pollen requiring containment on their barrier protection clothing, they can't simply run out with the building on fire.
In a similar story, I remember an incident in which there was an arsene gas leak in a fab back in the very early days of the semiconductor industry. The evacuation order was given, but there was no way everybody was going to be able to get out in time. The engineer, after calling the evacuation order, went back into the fab, closed the valve, and died. I'm sure that wasn't on his contract and guarantee that it was contrary to the company's published safety rules.
The point to my more than somewhat skew example is that no rules, not even the Second Amendment, can cover every predictable contingency rationally: there will always be exceptional circumstances. Nor is it possible to design language for a constitutional document that can explain the limits to its principles without becoming a legal can of worms. The Founders wrote these laws expecting the people to be rational. Yet after 100 years of government cultivating irrational behavior, and even longer with technology complicating the risks at issue, here we are.
/johnny
Hey I am an advocate of the 2adm but he also skirted the conceal carry law by allowing the weapon to be seen.
I would feel safe with the guy having the hand gun but others might not and that was the law at the time of the infraction!
I feel sorry for the guy but he has to take responsibility for his actions!
I wonder what would have happened if that same school was attacked and he happened to turn back the attack because he was armed.
Will he still be a goat or will he be a hero?
Concealed means “CONCEALED”!!
I respectfully disagree for a number of good reasons. But mainly I am reminded of the excuse given by the nazis during the Nuremberg trials.
Done!!!!!!!!!!!!!
It is certainly important to keep a CC weapon “concealed”. Of course, that can be very difficult at times. This is why I carry a Seecamp LWS32. I carry it in a wallet type holster that makes it invisible.
As for the law is the law, is the law, is the law.... I remain with our Constitution and our Bill of Rights.
No way you could see my little Kel-tec .380 in my pocket, loaded with hollow-points.
Kel-tec, made in FL, guaranteed for life.
FIRE the person who turned him in.
Bingo. He knew it was against the law and he got caught. I recently graduated (for the third time) from college. I likewise am not allowed to carry on school property.
What? We don't have to obey laws with which we disagree?
Yes, un-Constitutional laws are null and void. Shall not be infringed. The natural right of self-defense doesn’t come from government and it doesn’t disappear in school zones, just like atrocities don’t magically not happen in school zones. But be a good little serf and follow policies. As I’m sure there’s all kinds of rules and regulations regarding blade lengths, blackjacks, mace, blah blah blah. And then we get Virginia tech with massive death toll, while the “only ones” the police ran outside from tree to tree scared not entering building. Nope, unacceptable.
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