Firearms in schoolzone charges

[smonmouth 0]

[redacted]

This is a hard working

good kid and avid hunter- had hunting liscense(he took the test at age 10) on him. He is suspended from school grounds for one year and faces 3 charges in superior court.Does anyone have advice that would help our family ?

[Babaganoosh 192]

Yup, get a lawyer, and a good one ASAP, Not being a smartass by the way.

[vjf915 456]

Does anyone have advice that would help our family ?

Why in the hell would your son bring a gun onto school grounds? The best advice was already posted, get yourself a damn good lawyer. However, I'd guess that your son just did damage that even a good lawyer can't fix.

[djg0770 481]

the below listed lawyers specialize in firearms issues. I'm not going to recommend you contact a lawyer, I'm going to DEMAND IT.

 

Gary J. Needleman

973 334-4422

 

Russell G. Bickert

973 278-1300

 

Ed Zohn

908 526-8220

 

Robert Rosenberg

732 341-3337

 

Evan F. Nappen

732 389-8888

 

Stuart A. Platt

856 784-1555

[smonmouth 0]

djg0770-

thank you for taking the time to help us.

[Anselmo 87]

I see no need for a firearms specific lawyer. Just get a good defense lawyer. It doesn't matter if your lawyer knows a revolver from a pistol. It is more about getting these charges downgraded or dismissed.

[tony357 386]

Their were no grounds to search the truck, call one of those lawyers listed..

[BlueLineFish 615]

Their were no grounds to search the truck, call one of those lawyers listed..

 

Depends on a lot of things. Did the cop see the case then it's plain view and perfectly acceptable. Did the officer ask what was in there and was told it was a firearm. Admission is acceptable. There are a lot of unknown facts.

[vjf915 456]

Their were no grounds to search the truck, call one of those lawyers listed..

 

The officer didn't search the truck, the officer noticed the tool box was left open and saw the case with the shotgun in it.

[Babaganoosh 192]

I'd like to know a little more about this if you have the time. Like BLF said, did the cop ask about the case or gun or did your son just admit it because he thought being truthful would help? Did he ask to search and your son said yes? Did he just go ahead and search because he saw the case and ruled it probable cause?

 

High School age I probably would have said I had my gun in the toolbox if he asked. I wasn't mature enough to know better at that point.

 

I remember when I was in HS the older teachers telling me how kids used to hunt before school, then show up in the parking lot and change into their school clothes, case their guns then go to school for the day. Amazing how times have changed.

 

For the LEO's, if the kid had a bow in his truck and it was from hunting the day before would he be in this much trouble?

 

-1 to the cop who arrested him, but if he took the time to talk to the kid he could have sent the kid home to go drop off the shotgun and come back. Yeah he might risk an issue in this crazy society we have have now, but cmon, let's not think the worst of everyone all the time.

 

To the OP, I wish you good luck. I suggest you contact the NRA, the Second Amendment Foundation, and the NJ Second Amendment Foundation. If this story is true I would donate to your legal fund, cuz unfortunately you are going to need it.

[alec.mc 180]

This makes me wonder... I've always seen " school zone " signs starting a block or two away from the actual school grounds. I live almost literally across the street from an elementry school. Does this technically mean if i get pulled over in front of my own home on the way from the range, am i technically " within a school zone " ??

 

Anyways, I hope everything works out for your son

[BlueLineFish 615]

This makes me wonder... I've always seen " school zone " signs starting a block or two away from the actual school grounds. I live almost literally across the street from an elementry school. Does this technically mean if i get pulled over in front of my own home on the way from the range, am i technically " within a school zone " ??

 

Anyways, I hope everything works out for your son

 

No you are ok because you are going to and from the range. The problem here lies with the fact that he had the weapon with him for no reason at the time simply because he forgot to take it out. If he were going hunting or to the range it would have been ok. While I agree that this sucks for the kid in this day nd age I ont know any officer who would let that go especially in this state. Too much risk. Kids guns and schools are a very touchy subject.

[hd2000fxdl 422]

As was said, get a Lawyer, do this now and not later.

 

Also sit down with your son, make a complete chronological time-line of the event, before, each minute during and post event, do this now, while everything is fresh on his mind. Also a day or 2 later go over the list and see if he missed anything. Just the facts and I would also try and simulate the positions of where the gun was and how the box lid was positioned to see if you could really see anything, or as the other poster said, how did the conversation go, was permission granted, what were the questions, was it just opened, etc;.

 

Again, do all of this now while it's still fresh in his mind, and good luck, keep up posted.

[Melgamatic 66]

Actually, I would not only get a lawyer immediately, I would stop posting about the incident in any way. Everything posted here is going to be found by the prosecutor, and you don't want to write anything which could be misinterpreted (or possibly make the prosecutor more anxious to push ahead).

 

Give us an update after it's over, though. Good luck.

[Frank Jack Fiamingo 58]

Most definitely do not post any more details. The first thing any good lawyer will tell you is not to say anything to anyone about anything. Once you have decided on a lawyer (the suggestions already made are good ones), please have your lawyer contact the NJ2AS, ANJRPC, NRA, SAF, GOA and any other organizations that might be willing to help. Your lawyer can reach me at the New Jersey Second Amendment Society by emailing me at [email protected]. Once I know the details, our Society may be able to provide some support. Please speak to a lawyer first and follow their advice. Unfortunately, New Jersey is one of the worst places to have a firearms infraction. I wish you all good luck in the meantime and will expect a contact from your lawyer.

 

Frank Jack Fiamingo

President - NJ2AS

[smonmouth 0]

Thanks to everyone..for your concern and practical advice. I'll post the outcome when this is over.

[hd2000fxdl 422]

Thanks to everyone..for your concern and practical advice. I'll post the outcome when this is over.

 

Please do, and if your a firearms owner you might want to stick around this place, a lot of great people and information to be found here.

[GRIZ 3,369]

You need to look at several things here.

 

1. The kid made a big mistake. That doesn't excuse him from the law whether you like the law or not.

 

2. Don't flame the cop for arresting him. Would you say if a cop stopped Harris and Klebold on their way to Colombine that day they should have just been told to take their guns home?

 

3. The why he had the guns in the truck are things that come to light with the detectives and lawyers after the arrest.

 

4. I agree that you don't need a "gun lawyer" but a good criminal defense lawyer. The kid broke the law, There is no doubt about that. There is no complicated interpretation of the law in this case so no need for a "gun lawyer". A good criminal defense lawyer may be able to get the charges reduced to a lesser offense. The bag is in the prosecutor's hands as this case is pretty cut and dry as it has been explained. There is little reason for him to dismiss the charges.

 

5. This is a hard thing for the 2A groups to defend as the law is very clear and its hard to defend guns in schools.

 

I have to dig out my old Nomex flight suit as its the only flameproof garment I own.

[Darkmagik 2]

Their were no grounds to search the truck, call one of those lawyers listed..

 

If the case from which the gun was stored in was in open view a police officer can search your car just based on probable cause, but the driver at the same time has to consent. You can tell them to get a warrent, but I can garentee you will have a harder time in court if anything shows up.

[GRIZ 3,369]

If the case from which the gun was stored in was in open view a police officer can search your car just based on probable cause, but the driver at the same time has to consent. You can tell them to get a warrent, but I can garentee you will have a harder time in court if anything shows up.

 

If the gun case was in plain view that would establish PC for the search. My understanding is that in NJ, state LEOs are still required to ask consent to search a MV even if they have PC. However, I don't know how far this has to go. In this case if it was "What's in the gun case?" and the response was "a gun", I wouldn't think the LEO needs to continue with consent or get a warrant. The PC was established and the actor admitted a violation.

 

This only goes for NJ as in the Federal system or any other state I'm aware of if the officer has PC they can search a MV without a warrant or consent with few exceptions.

[Old School 611]

Gary J. Needleman

973 334-4422

 

Just a little about this guy. He's good and when I used him he didn't rape me.

The nice thing is, his partner, Frank Pisano is a Criminal Attorney. So you get the best of both worlds.

Based on your location,take travel into account. You are paying for it.

And remember many times Local lawyers are able to do better in local courts.

[Dan 177]

This makes me wonder... I've always seen " school zone " signs starting a block or two away from the actual school grounds. I live almost literally across the street from an elementry school. Does this technically mean if i get pulled over in front of my own home on the way from the range, am i technically " within a school zone " ?? Anyways, I hope everything works out for your son

 

The law states "school buildings and grounds", stick to public roads and you are OK. As in don't cut through the elementary school property, on your way to the range.

 

To the OP, I wish you the best of luck. It sickens me to see honest people caught up in NJ's quagmire of gun laws. The school principal may have the authority and the capacity to help according to the statutes. I'm sure your lawyer will try every avenue, and hopefully the state will understand that prosecuting your son was not the intent of the law.

[this_is_nascar 162]

Just so I'm clear on this, what's the actual crime? For having the gun on school grounds? I'm assuming it's not for having the gun itself, since you can transport a long-gun to your heart's content as long as you have a FID.

[Dan 177]

Just so I'm clear on this, what's the actual crime? For having the gun on school grounds? I'm assuming it's not for having the gun itself, since you can transport a long-gun to your heart's content as long as you have a FID.

 

FID doesn't count on school grounds / buildings:

 

e.Firearms or other weapons in educational institutions.

 

(1)Any person who knowingly has in his possession any firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, is guilty of a crime of the third degree, irrespective of whether he possesses a valid permit to carry the firearm or a valid firearms purchaser identification card.

 

(2)Any person who knowingly possesses any weapon enumerated in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1 or any components which can readily be assembled into a firearm or other weapon enumerated in subsection r. of N.J.S.2C:39-1 or any other weapon under circumstances not manifestly appropriate for such lawful use as it may have, while in or upon any part of the buildings or grounds of any school, college, university or other educational institution without the written authorization of the governing officer of the institution is guilty of a crime of the fourth degree.

 

(3)Any person who knowingly has in his possession any imitation firearm in or upon any part of the buildings or grounds of any school, college, university or other educational institution, without the written authorization of the governing officer of the institution, or while on any school bus is a disorderly person, irrespective of whether he possesses a valid permit to carry a firearm or a valid firearms purchaser identification card.

[this_is_nascar 162]

Thanks, but as written, that should make it pretty easy for him. He did not, knowingly have that firearm with him, did he? He had it there from the day before, performing a legal function and had forgotten about it.

[Dan 177]

Thanks, but as written, that should make it pretty easy for him. He did not, knowingly have that firearm with him, did he? He had it there from the day before, performing a legal function and had forgotten about it.

 

That is a good defense, "mens rea" comes into play here. I'm sure the lawyer will be all over it.

[Jon 264]

Another vote for getting a REAL good criminal defense attorney, forget the gun lawyers. Spend big bucks now, it will be well worth it in the long run. I wish you and your family the best for this very unfortunate incident. Such a shame that NJ has created yet another criminal out of their terrible gun laws. I also removed any posts describing the incident. Smonmouth, feel free to PM me if you'd like those portions of text in your inbox.

[GiantsFan 22]

Can you imagine what the PRESS might have done with this story? They might have twisted it into "another school shooting avoided (or prevented)" etc.

[Regulator72 80]

He's good and when I used him he didn't rape me.

 

 

[heaterbob 53]

Thanks, but as written, that should make it pretty easy for him. He did not, knowingly have that firearm with him, did he? He had it there from the day before, performing a legal function and had forgotten about it.

my thoughts also