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Entries in law enforcement (8)


ATF Says that Millions of Americans are Violating the Gun Free School Zone Act 

We wrote about the federal Gun Free School Zone Act (GFSZA) in 2011 and in 2012.  Recently, Grant Chapman
Deputy Director of Policy at the Oklahoma Second Amendment Association released a letter dated July 25, 2013 from the Bureau of Alcohol Tobacco Firearms and Explosives confirming the following facts about Title 18 USC 922(q) The Federal Gun Free School Zones Act:

1. An Oklahoma permit holder traveling on public roads can be federally prosecuted for carrying a gun in other states that recognize Oklahomas permit 

2. An Oklahoma permit holder can be federally prosecuted for discharging their firearm in an act of otherwise lawful self defense (car jacking).

3. A conviction under the Federal Gun Free School Zones Act causes a person to become a lifetime prohibited firearm buyer/possessor.

Law abiding Texans are not required to have a state issued permit to legally carry a rifle, shotgun or concealed handgun within a vehicle.  Many other states do not require state issue permits to carry concealed and/or visible handguns and other firearms.  Hunters, off duty police officers and others legally carry guns daily. 

But when they pass within 1,000 feet of a K-12th grade school they are in violation of federal law.

A 1,000 feet is over 3 football fields in length.  The federal prohibition on firearms begins at the farthest boundary of a school property and extends 1,000 feet in all directions.  It is virtually impossible NOT to pass within a 1,000 feet of a school zone in most urban areas and many rural parts of the country.

Every time someone who does not have a qualifying state issued permit passes within a 1,000 feet of a school boundary, he/she is in violation of the federal GFSZA.  By the way, that INCLUDES off duty law enforcement officers and anyone carrying under provisions of the federal Law Enforcement Safety Act (LEOSA).

Although Congress intended to allow active and retired officers nationwide concealed carry, a legislative oversight greatly reduces LEOSA protections. As the act does not provide a qualified officer any exemptions from Federal Law, off-duty LEOSA qualified officers are subject to the restrictions of Title 18 U.S.C §922(q) known as the Federal Gun Free School Zones Act of 1995. It is therefore a Federal Crime for an off-duty LEOSA qualified officer to travel armed on any public sidewalk, road, or highway which passes within one-thousand (1000) feet of the property line of any K-12 school in the nation. Violation of the Federal GFSZA by an off-duty officer is punishable by five (5) years in Federal Prison, the officers permanent loss of gun-rights, and will bar them from continuing work in law-enforcement. The LEOSA Improvement Act did not correct this oversight.

The only exemptions from the law is a CCW issued by the state that you are in, being on duty or if your residence is within the 1000 foot zone.  You may also possess a firearm for official school sanctioned purposes. 

This is the actual text of the law:

Title 18 U.S.C §922(q) 

The Gun Free School Zones Act of 1995 States:
(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
(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

Title 18 U.S.C. §921(25) 

The term “school zone” means— 
(A) in, or on the grounds of, a public, parochial or private school; or 
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school. 
The term “school” means a school which provides elementary or secondary education, as determined under State law.

Title 18 U.S.C Section 924(a) establishes the penalty for violating GFSZA: 

Whoever violates the Act shall be fined not more than $5,000, imprisoned for not more than 5 years, or both. 
Notwithstanding any other provision of law, the term of imprisonment imposed under this paragraph shall not run concurrently with any other term of imprisonment imposed under any other provision of law. 
Note: A conviction under the 1995 GFSZA will cause an individual to become a prohibited person under the Gun Control Act of 1968. This will bar them from legally owning firearms for the rest of their life.

Contact Congress and tell your Senators and Representatives that millions of otherwise law abiding citizens are in violation of the federal GFSZA because they havent amended the law.  GFSZA could be used by the Attorney General of the United States to create millions of prohibited persons from possessing firearms for life.  


Sig P320 Striker Fire Pistol To Compete with Glock in Law Enforcement Market

The SIG P320 is a new SIG SAUER modular double-action striker-fired pistol. The P320 is designed to convince law enforcement organizations to turn in their Glocks!

At the heart of the SIG P320 is the internal stainless steel frame assembly. The assembly houses the trigger group and contains the firearm’s serial number. Legally speaking, the internal assembly is the firearm. The frame assembly drops into one of three grip modules. The polymer grip modules (what we would normally call the ‘frame’ if they were serialized) vary in grip circumference (a small, medium and large). The grip module contains a cut out so the assembly serial number can be viewed externally.

There are two barrel sizes, each being available in a threaded or non-threaded variant. The barrel lengths are 4.7″ for the Full Size model, and 3.9″ for the Carry (compact) model. Two slide assemblies are available in either the Full Size or Carry size. Two triggers are available, a standard trigger and a tabbed safety trigger (Glock-style trigger). They both break at 5.5 lbs. The magazine capacities are 17/15 rounds of 9mm and 14/13 rounds of .357 SIG and .40 S&W for the Full Size/Carry magazines. 

Contrary to what the gun grabbers want you to believe, being a law enforcement officer does not automatically make you a firearms expert.  I would venture to say that the majority of law enforement officers are not gun guys/gals.  Most receive little if any advanced firearms training once they graduate from the academy. Most shoot once a year, firing only 50 rounds at a paper target during an annual qualification.  

Police officers commit three times as many murders as civilian concealed carry handgun permit holders.  Contrary to what Bloomberg and Weinstein want you to believe, law enforcement officers carry guns to protect themselves and have no legal obligation to protect we the people . Law enforcement officers accidently shoot themselves and other innocents at an alarmingly high rate.  Police officers are seldom fired for shooting the wrong people. 

The most heavily marketed feature of the Sig P320 is the “5-point safety system”. The five points are …

  • A striker safety.
  • A disconnect safety.
  • Takedown is prohibited without removal of magazine.
  • Takedown is prohibited without the slide being locked back to the rear.
  • Rotation of takedown lever without tools or trigger manipulation.

Other safety featured touted are …

  • Tabbed trigger safety (optional)
  • Ambidextrous manual safety
  • Loaded chamber indicator
  • Magazine disconnect safety

Not all of these features are in demand, or appreciated, by responsible civilian consumers but will be very popular with law enforcement organizations looking to limit liability at a cost much cheaper than increased firearms training. 


Cops - "IF we have to get a warrant, we're going to shoot your dogs"

Protect and Serve?  Puh-Leese!  I spent over 32 years working as a law enforcement officer and I am appalled at where our nation is headed.  Law Enforcement officers work for we the people and MUST be held to a higher standard.  The truth is, concealed handgun permit holders are more statistically more law abiding than police officers.  Fewer CCW permit holders are arrested for gun crimes than police officers!

From : Eric Crinnian, an attorney in Kansas City, Missouri, says police came to his door looking for parole violators, and got upset when he refused them permission to tramp through his house and paw through his possessions. In fact, he claims, one cop went so far as to threaten to shoot his dogs if he made them abide by the requirements of the law by getting a search warrant to look through his home. Remarkably, a criminal justice professor says the police actions may not be illegal, though they could be awkward in court.

The police department is following the usual script, insisting it is internally investigating Crinnians Office of Community Complaints report, so you can probably safely assume that officials hope this case will fall into the void where most grievances against police go to die

According to Fox 4 News in Kansas City:

Eric Crinnian, a lawyer,  heard a loud banging at his door Monday night, he was instantly alarmed since a neighbor’s house was robbed a few weeks ago, so he grabbed a crow-bar.

Crinnian said three police officers were outside his house.

“I open the door a little bit wider and he sees that I have something in my hand, so he pulls his gun, tells me to put down whatever I’ve got and then come out with my hands up, so I do,” Crinnian said.

They wanted to know where two guys were, and Crinnian later found out police believed they violated parole.

“I said, ‘I have no idea who you’re talking about I’ve never heard of these people before,’” he said.

To prove it, he said police asked to search his house, Crinnian refused multiple times.  He said they needed a warrant.

Then he said one police officer started threatening him saying, “If we have to get a warrant, we’re going to come back when you’re not expecting it, we’re going to park in front of your house, where all your neighbors can see, we’re gonna bust in your door with a battering ram, we’re gonna shoot and kill your dogs, who are my family, and then we’re going to ransack your house looking for these people.”


NFL Bans Off Duty Officers with Guns from Stadiums Except in Texas

The National Football League has implemented a new stadium policy that bans off-duty police officers from carrying guns into games…except in the state of Texas.

According to the NFL memo, “off-duty officers who attempt to bring firearms into an NFL facility will be denied entry.”

But a Texas state law overrides the NFL policy.  Armed off duty officers attending Cowboys games must now check in at a specific gate and inform Security where they are sitting.

Ron Pinkston of the Dallas Police Association says that the Texas law is sensible.

“Our officers are 24/7, on or off duty, and if they run into a critical incident – they are required to take action” says Pinkston. “Our officers will be allowed to carry their weapon into AT&T Stadium and other football stadiums in the State of Texas due to Texas law.”

Police officers are authorized to carry their firearms around the clock, on or off duty under Texas law.  Retired law enforcement officers who are armed under provisions of the Law Enforcement Officer Safety Act (LEOSA) are also authorized to carry in stadiums under Texas law

Under the NFL policy only law enforcement officers “specifically assigned to work security at the games, or private security officers contracted for stadium protection” can carry a gun inside NFL controlled stadiums.  The new NFL policy bans all off-duty federal, state and local law enforcement officers from carrying weapons in any NFL stadium or facility except those located in Texas.


Dereliction of Duty 

Progressive gun grabbers are always trying to convince the sheep that only highly trained law enforcement professionals are qualified to handle firearms.  

In my experience (32 years as a law enforcement officer), that is not always the case.  I believe that the average CHL holder trains and practices more with firearms than the average law enforcement officer. In my experience most civilian gun owners who obtain their concealed carry license, shoot hundreds if not thousands of rounds a year.  Many cops shoot only once a year, which is the qualification standard for most law enforcement officers. 

Concealed carry permit holders are keenly aware that states can and will revoke their carry licenses for any irresponsible behavior, even if its not directly related to a firearm like a DUI arrest or falling behind in child support.

This week in Tampa, FL, a nine-year-old boy found a loaded Glock 26 pistol in a movie theater restroom, and told his father who secured it and called the police. The Tampa PD came and seized the pistol.  Tampa PD spokesperson Laura McElroy said, We believe that this would meet the standard of willful and wanton disregard for the safety of others, to leave a loaded weapon where a child — and in this case a 9-year-old found the gun — that certainly put others at risk… 

Turns out the guns owner is Detective Luke Hussey, a 13-year veteran of the Hillsborough County Sheriffs Department.  It took the detective 90 minutes to realize he had parted ways with both his duty AND his gun when he left the toilet.
We hear that the Tampa PD is no longer pursuing criminal charges. Go figure?