It appears the lower court agreed with Tait's claim of "exceptions" that made the gun possession legal, and dismissed the case. The feds appealed that. He was NOT found not guilty by the lower court, or double jeopardy would have attached and the Feds could not appeal. (IANAL -- but I've watched a lot of people play them on TV.)Keith B wrote:The other side appealed his not guilty verdict.sjfcontrol wrote:Why would there have been an appeal, if he was found not guilty at the first trial?ELB wrote:
Tait of US vs Tait had an altercation at a school (almost certainly a "local" matter) but he got prosecuted for violating GFSZA. Of course, the trial court and the appellate court both found him not guilty, and it only cost him lawyer's fees for a trial and and defending an appeal and probably a year or two of uncertainty about his fate, so no harm no foul, right? Why worry about these things?
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Return to “Disarm in Public School Parking Lot, Firearm left in the car”
- Wed May 05, 2010 3:16 pm
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
- Wed May 05, 2010 2:33 pm
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
Why would there have been an appeal, if he was found not guilty at the first trial?ELB wrote:
Tait of US vs Tait had an altercation at a school (almost certainly a "local" matter) but he got prosecuted for violating GFSZA. Of course, the trial court and the appellate court both found him not guilty, and it only cost him lawyer's fees for a trial and and defending an appeal and probably a year or two of uncertainty about his fate, so no harm no foul, right? Why worry about these things?
- Wed May 05, 2010 10:32 am
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
Again, my only point in bringing up that case, was to point out that they can detect the firearm in the vehicle if they desire to do so. If you leave the gun hidden in the car, you might be caught in a canine parking lot sweep. (Or surrounding neighborhood sweep.) Matters not if in California, or Texas, or Alaska for that matter. Just be aware that it can happen.
- Wed May 05, 2010 9:32 am
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
Yeah -- that wasn't exactly the point.
My point was that apparently there are dogs that can sniff out guns (or power, or Hoppes, or something). If you've got a gun in the car, it is possible for the authorities to find that gun through no action of your own. I wasn't trying to open up the discussion to the legal ramifications of that particular case, or the implications of the Federal Gun-Free-Zone stuff.
I was responding to 03lightingrocks who said:
My point was that apparently there are dogs that can sniff out guns (or power, or Hoppes, or something). If you've got a gun in the car, it is possible for the authorities to find that gun through no action of your own. I wasn't trying to open up the discussion to the legal ramifications of that particular case, or the implications of the Federal Gun-Free-Zone stuff.
I was responding to 03lightingrocks who said:
Not a real good idea if they can find it while you're gone. You may have a greeting committee waiting when you return.Who really cares anyway? I would leave it under my seat, lock the door, set the alarm....
- Wed May 05, 2010 8:42 am
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
I found the story.
Here's the link... http://community.livejournal.com/ontd_p ... 44491.html" onclick="window.open(this.href);return false;
Note the paragraph...
Here's the link... http://community.livejournal.com/ontd_p ... 44491.html" onclick="window.open(this.href);return false;
Note the paragraph...
Later, as private security guards performed a perimeter search, a gun-sniffing dog alerted to his vehicle. Tudesko was called out of class to open his truck.
- Wed May 05, 2010 8:37 am
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
I suspect he smelled the burned powder -- not the gun itself. (Or maybe the dog alerted on the smell of Hoppes?) They did find a gun in a student's car parked off-campus. As I recall, it was a dog that found it. If there had been drugs, that would have been a big part of the story. I'm sure they weren't breaking into cars at random looking for guns. The boy was eventually allowed to return to school.03Lightningrocks wrote:Not that I know of. I didn't know a dog could sniff out a metal gun from all the other metal the car is made out of. That must be one real special dog.sjfcontrol wrote:Haven't there been some problems with guns being found in cars on school property via dog searches? In fact, one was by a student who had been hunting, and had left the firearm in the car parked OFF the school property.03Lightningrocks wrote:But seriously.... is there some kind of psychic phenomenon I don't know about going on? There seems to be a lot of folks worried about getting outed with a gun under the seat or caught carrying past a gun busters sign or just plain being outed?
Maybe he smelled drugs and the gun got discovered while they were checking for drugs. I know for sure I have never heard of any parent getting searched while simply picking up their child. That is truly a bit paranoid.
- Wed May 05, 2010 7:05 am
- Forum: General Texas CHL Discussion
- Topic: Disarm in Public School Parking Lot, Firearm left in the car
- Replies: 25
- Views: 4878
Re: Disarm in Public School Parking Lot, Firearm left in the
Haven't there been some problems with guns being found in cars on school property via dog searches? In fact, one was by a student who had been hunting, and had left the firearm in the car parked OFF the school property.03Lightningrocks wrote:But seriously.... is there some kind of psychic phenomenon I don't know about going on? There seems to be a lot of folks worried about getting outed with a gun under the seat or caught carrying past a gun busters sign or just plain being outed?