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jpak Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 07:47 PM
Original message
Gun free school zone challenge fails in California
http://www.jsonline.com/blogs/news/119607989.html

A federal judge in California has dismissed a challenge to that state's ban on most guns within 1,000 feet of schools, a ruling which is likely to have influence on similar challenge pending in Wisconsin.

Kevin Hall, who lives within 1,000 feet of a school in San Francisco, had requested an exemption from superintendent Carlos Garcia to allow Hall to openly carry a gun outside his home. It was denied, and Hall sued, claiming the denial infringed his Second Amendment rights.

But U.S. District Judge Richard Seeborg last month granted the superintendent's motion for judgment on the pleadings. Seeborg found that despite language supporting gun rights in two major U.S. Supreme Court cases, both opinions made clear that they were not undoing all gun restrictions.

"When it referred to schools as sensitive places, the Supreme Court was certainly cognizant of the federal Gun-Free School Zones Act, which imposes criminal penalties for possession of a firearm within 1000 feet of school grounds," Seeborg wrote.

<more>
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gejohnston Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 08:04 PM
Response to Original message
1. which means what?
He can't take it to his car to go to the range or just carry it? I can see on school grounds or immediately near, but if you happen to be living a block away (within the 1000 feet) is absurd.
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-..__... Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 08:21 PM
Response to Original message
2. Massive fail on the judges part.
"When it referred to schools as sensitive places, the Supreme Court was certainly cognizant of the federal Gun-Free School Zones Act, which imposes criminal penalties for possession of a firearm within 1000 feet of school grounds,"

What the SCOTUS actually ruled...

"or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings"...

http://en.wikipedia.org/wiki/District_of_Columbia_v._He...
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GKirk Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 08:22 PM
Response to Original message
3. Thank you so much...
...for posting this! It's important that people see what ridiculous
laws have been passed and that finally courts are doing the right thing
and overturning them.
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petronius Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 08:27 PM
Response to Reply #3
4. Other way around - the ridiculous law was not overturned in this case...
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GKirk Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Apr-14-11 08:49 PM
Response to Reply #4
5. Oh...crap...
...back to school for me. :(
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