Man charged with having firearm within 1000 ft of a school

The State (Columbia, SC) ^ | 8/08/02 | CLIF LEBLANC

[DrNo]

Federal grand jury indicts 4 in separate cases

• Kenneth R. Barnett, 53, of Lexington, is charged with having a 9 mm pistol near Columbia Adventist Academy on Riverchase Way.

He had the weapon within 1,000 feet of the school on May 19, 2001, prosecutors say.

If convicted, Barnett could get five years and a $100,000 fine.

The Rest of the Article

[DrNo]

And you thought you had a right to "keep and bear arms!"

[harpseal]

How many times does the SCOTUS have to declare a law unconstitutional. This law was once voided by them and now it is once more being enforced????

Stay well - Stay safe - Stay armed - Yorktown

[coloradan]

SCOTUS threw out that same law some years ago, claiming that the no-guns-within-100-ft-of-a-school was beyond the interstate commerce clause powers of Congress. So Congress immediately re-enacted a very slightly differently worded version of it. There is presently no penalty of any kind for a congressman to knowingly support legislation known to be unconsitutional. As a result, they just keep doing it, and doing it, and doing it.

[coloradan]

What you said.

[freedomcrusader]

I do have a right to keep and bear arms. The Constitution does guarantee that right. The Federal government violates both.

[angkor]

Just out of curiosity, let's say you have a CCW (CHL, CWP, whatever) and you're driving down the street, and around the corner is a school 750 feet away (and you didn't know it, you're not even on that same street). Police pull you over for a minor traffic violation, you present permit and driver's license (as required in some states).

Will you be charged under federal statute?

[kjam22]

There is always some part of the story that is left untold. How does the guy get caught wit a 9mm closer than 1000 feet to the school? I mean were they stopping every car that drove by.... or searching every guy that walked down the sidewalk??

Anyone who is dumb enough to get caught with a gun at a school pretty much deserves whatever they give them.

[3catsanadog]

1000 feet this year; a mile next year. I guess gunowners need to pack measuring tape from now on.

[freedomcrusader]

Also, what if your home is within 1000 feet of a school? What if you pull out of your driveway into the street separating your house from the school? What if you walk out your front door with your CCW and .45?

[Lurking Libertarian]

SCOTUS threw out that same law some years ago, claiming that the no-guns-within-100-ft-of-a-school was beyond the interstate commerce clause powers of Congress. So Congress immediately re-enacted a very slightly differently worded version of it.

The law the SCOTUS threw out did not have the language--present in most other federal gun-control laws--saying that the law applied only to guns which had previously been shipped across a state line. The Court voted 5-4 to declare it unconstitutional, and Congress promptly re-enacted it, this time with the shipped-across-a-state-line proviso. Sad to say, that will probably be enough to get a 5th vote on the Court.

[harpseal]

Well a big part of this story is that based upon a decision of the Supreme Court of the United States of America absolutely no prosecutor or court should attempt any enforcement of this law. Where does the Federal government get off trying to usurp such a clearly local responsibility?

[DoughtyOne]

This was a terrible article. Did he have it in his hand walking down the street or did he have it at home locked away nice and safe? This report answers no questions and raises many.

[kjam22]

Also, what if your home is within 1000 feet of a school? What if you pull out of your driveway into the street separating your house from the school? What if you walk out your front door with your CCW and .45?

If you keep it concealed no one is the wiser and you go on about your merry way. If your waving it around or something equally stupid you probably go to jail. If you move out into the sticks where there is no school and no one gives a flip what you do.... then you have no issues and you can shoot at the moon if you want.

[smoking camels]

Scary ain't it partner?

[DrNo]

Just out of curiosity, let's say you have a CCW (CHL, CWP, whatever) and you're driving down the street, and around the corner is a school 750 feet away (and you didn't know it, you're not even on that same street). Police pull you over for a minor traffic violation, you present permit and driver's license (as required in some states). Will you be charged under federal statute?

My understanding is that, in SC, you may carry within 1000 ft of, but not "on the premises" of a school.

By why should you need a cwp to have a firearm within 1000 ft of a school!!!???

[JavaTheHutt]

Anyone who is dumb enough to get caught with a gun at a school pretty much deserves whatever they give them.

A brand new elementary school was just built a block and a half away from my brother's house. I guess this would put him in violation of this law since he has firearms in his house, and according to your standards, he is dumb and deserves whatever punishment they might decide to throw his way.

[kjam22]

That is a big part of the story.... but not the biggest part. How did the guy get caught??? I'll bet you 10 bucks it wasn't by an unwarranted search where they were just stopping cars and searching people. I'll bet you 10 bucks the guy was doing something stupid with a gun close to a school.

[Eaker]

Just out of curiosity, let's say you have a CCW (CHL, CWP, whatever) and you're driving down the street, and around the corner is a school 750 feet away (and you didn't know it, you're not even on that same street). Police pull you over for a minor traffic violation, you present permit and driver's license (as required in some states).

Will you be charged under federal statute?

In Texas I can carry my weapon onto school property, just not into the school. I have no clue as to the Federal involvement.

Stay safe; stay armed.

[kjam22]

And if the school just happens to be a polling place... then on election day your brother can't put up a yard sign supporting the local Libretarian or whatever either. So he looses part of his first ammendment rights as well.

There is always the sticks.

[Eaker]

Anyone who is dumb enough to get caught with a gun at a school pretty much deserves whatever they give them.

What does this statement even mean???

Whenever I drop off or pickup my kids I have a gun at school. What do I deserve???

Stay safe; stay armed.