Reporter Jailed for Having Gun at School

[blindndead]

Reporter Jailed for Having Gun at School
7 hours ago

MIAMI (AP) — A television reporter investigating a story on school violence was arrested after carrying a loaded gun onto school property, authorities said.

Jeffrey Weinsier of WPLG-TV, an ABC network, was taken into custody Tuesday at Miami Central High School after ignoring several warnings not to walk on school property, Miami-Dade schools police said.

"Kindly go across the street now," an officer is shown telling Weinsier during the videotaped encounter.

"I'm not," Weinsier replied. The officer then handcuffed him.

Weinsier, 40, was charged with possession of a firearm on school grounds, trespassing on school property with a weapon and resisting officers without violence.

The photographer working with Weinsier, Frank Debesa, said afterward: "Jeff did have a gun on him."

Weinsier began carrying a gun after he received death threats stemming from a series he did about unsanitary conditions at restaurants, according to the station.

"At this point, Channel 10 is still reviewing the circumstances surrounding today's arrest," said Dave Boylan, the station's vice president and general manager.

Weinsier has a concealed weapons permit, but state law prohibits anyone from being armed at schools, police Detective Ed Torrens said.

Weinsier was released from jail on $11,000 bond.

"I've been advised not to say anything," he told Channel 10 afterward. "The videotape speaks for itself. ... I was not trespassing."

A telephone message left on his work voice mail by The Associated Press was not immediately returned.

http://ap.google.com/article/ALeqM5jtUDdcdQSvS52PTfO01NAaPy6yWg

 

[Chris]

Ummm... They ask you to leave and you don't? Sounds like trespassing to me. Although it is public property, so I don't know how that works.

Still, its amazing how the media seems to think that laws don't apply to them.

 

[FunYun]

I think he is saying that he was not on school property in the first place.

 

[SiameseRat]

If he was on school property and was acting like a tool then get got what he deserved. If he wasn't on school ground, then he was in the right.

 

[RKG]

A dollar to a doughnut says that the next we see is a claim of a "Reporter's Privilege" to carry where mere mortals cannot. Consistent with the general media view that reporters are above the rules that apply to the rest of us.

 

[Cabinetman]

How did they know he had a concealed handgun in the first place?. Sure, they may know he has a permit but concealed carry is just that. If they didn't first ask him if he was armed, they were assuming things. Curious.

Rome

 

[Rob Boudrie]

How did they know he had a concealed handgun in the first place?. Sure, they may know he has a permit but concealed carry is just that. If they didn't first ask him if he was armed, they were assuming things. Curious.

They could have arrested him for failure to leave when told for reasons unrelated to the firearm, and discovered the firearms upon effecting the arrest.

 

[Another_David]

It probably varies by state but isn't there a 'zone' around the school in which firearms are prohibited? So even if he was on a public sidewalk he could be in violation. IF that is the case then the officer was kind to ask him to leave and he was stupid not to move across the street.

this link has the video but I haven't been able to play it:

http://www.local10.com/news/14411684/detail.html#

 

[pdm]

Watched the video. He was not arrested for having a gun, he was arrested because the cop didn't want him on the sidewalk next to the school.

 

[JonJ]

Watched the video. He was not arrested for having a gun, he was arrested because the cop didn't want him on the sidewalk next to the school.

And the officer mentions something about "within 500 feet of a school" a couple times. Maybe they have some bogus buffer zone around the schools like they've tried around abortion clinics.

BTW: Anyone notice the missile on static display in the school yard behind the cruisers?

 

[Gabe]

A dollar to a doughnut says that the next we see is a claim of a "Reporter's Privilege" to carry where mere mortals cannot. Consistent with the general media view that reporters are above the rules that apply to the rest of us.

You mean, like government agents? I'm sure there are lots of socialists who would love the media to be government employees - much more efficient propaganda.

 

[pdm]

And the officer mentions something about "within 500 feet of a school" a couple times. Maybe they have some bogus buffer zone around the schools like they've tried around abortion clinics.

BTW: Anyone notice the missile on static display in the school yard behind the cruisers?

Yeah, but he wasn't carrying openly and there was no mention of the gun in the video at all. They found it when they took him into custody, apparently. He has a FL permit and according to the station's lawyer (interviewed in the second video), with a permit you're allowed to be within 1k yards, but not inside the school building. I'm not a FL lawyer tho, so I dunno what the truth really is.

 

[JonJ]

Yeah, but he wasn't carrying openly and there was no mention of the gun in the video at all. They found it when they took him into custody, apparently. He has a FL permit and according to the station's lawyer (interviewed in the second video), with a permit you're allowed to be within 1k yards, but not inside the school building. I'm not a FL lawyer tho, so I dunno what the truth really is.

I realize that they didn't know he was carrying. The officer mentioned something about "within 500 feet of a school." I have no idea what what he was referring to. That's why I was wondering if FL had some kind of buffer around schools that maybe prohibits "loitering" or something.

Other than that, it was a public sidewalk and they weren't creating a disturbance.

 

[USMC109]

It probably varies by state but isn't there a 'zone' around the school in which firearms are prohibited? So even if he was on a public sidewalk he could be in violation. IF that is the case then the officer was kind to ask him to leave and he was stupid not to move across the street.

this link has the video but I haven't been able to play it:

http://www.local10.com/news/14411684/detail.html#

I believe in CT. it's within a 500ft. perimeter.Not sure about other states though...

 

[Coyote33]

Whatever happened to that guy from the Globe or the Herald who bought a gun in NH? Did it ever go anywhere?

 

[MichaelJ]

Bye bye CCW permit. Kinda neat to know that all media is anti though.

 

[ASG]

It's not illegal in FL to be on school grounds armed, it's illegal to enter a school building armed though with some few exceptions. I have a feeling most if not all charges against the reporter will be thrown out/rejected at court.

. 790.01. The licensee must carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed weapon or firearm and must display both the license and proper identification upon demand by a law enforcement officer. Violations of the provisions of this subsection shall constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.

(12) No license issued pursuant to this section shall authorize any person to carry a concealed weapon or firearm into any place of nuisance as defined in s. 823.05; any police, sheriff, or highway patrol station; any detention facility, prison, or jail; any courthouse; any courtroom, except that nothing in this section would preclude a judge from carrying a concealed weapon or determining who will carry a concealed weapon in his or her courtroom; any polling place; any meeting of the governing body of a county, public school district, municipality, or special district; any meeting of the Legislature or a committee thereof; any school, college, or professional athletic event not related to firearms; any school administration building; any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises, which portion of the establishment is primarily devoted to such purpose; any elementary or secondary school facility; any career center; any college or university facility unless the licensee is a registered student, employee, or faculty member of such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed solely for defensive purposes and the weapon does not fire a dart or projectile; inside the passenger terminal and sterile area of any airport, provided that no person shall be prohibited from carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law. Any person who willfully violates any provision of this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

790.115 Possessing or discharging weapons or firearms at a school-sponsored event or on school property prohibited; penalties; exceptions.--



(1) A person who exhibits any sword, sword cane, firearm, electric weapon or device, destructive device, or other weapon as defined in s. 790.001(13), including a razor blade, box cutter, or common pocketknife, except as authorized in support of school-sanctioned activities, in the presence of one or more persons in a rude, careless, angry, or threatening manner and not in lawful self-defense, at a school-sponsored event or on the grounds or facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real property that comprises a public or private elementary school, middle school, or secondary school, during school hours or during the time of a sanctioned school activity, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on private real property within 1,000 feet of a school by the owner of such property or by a person whose presence on such property has been authorized, licensed, or invited by the owner.

 

[Rob Boudrie]

Bye bye CCW permit. Kinda neat to know that all media is anti though.

This is Florida, not MA. If the reporter is not prosecuted, or is brought to trial and not found guilty, it will not interfere with his ability to regain his CCW. FL does not have a provision for "You were found not guilty, but we don't like you, so we will deny you a license".

 

[Another_David]

As usual the gun has nothing to do with the real story but it made headlines anyway.

Seems like the reporter did break the law. This law seems unconstitutional to me but the offender will have to address that in court

Google search found this:

http://law.onecle.com/florida/crimes/810.0975.html

Title XLVI CRIMES
Chapter 810 BURGLARY AND TRESPASS

810.0975 School safety zones; definition; trespass prohibited; penalty.--

(1) For the purposes of this section, the term "school safety zone" means in, on, or within 500 feet of any real property owned by or leased to any public or private elementary, middle, or high school or school board and used for elementary, middle, or high school education.

(2)(a) Each principal or designee of each public or private school in this state shall notify the appropriate law enforcement agency to prohibit any person from loitering in the school safety zone who does not have legitimate business in the school safety zone or any other authorization, or license to enter or remain in the school safety zone or does not otherwise have invitee status in the designated safety zone.

(b) During the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone. Any person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(c) Any person who does not have legitimate business in the school safety zone or any other authorization, license, or invitation to enter or remain in the school safety zone who shall willfully fail to remove himself or herself from the school safety zone after the principal or designee, having a reasonable belief that he or she will commit a crime or is engaged in harassment or intimidation of students entering or leaving school property, requests him or her to leave the school safety zone commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing in this section shall be construed to abridge or infringe upon the right of any person to peaceably assemble and protest.

(3) This section does not apply to residents or persons engaged in the operation of a licensed commercial business within the school safety zone

 

[pdm]

I would argue that reporting on school violence is legitimate business for a reporter.

 

[Another_David]

It's a slippery slope because the government has been protective of the privacy rights of minors when it comes to being filmed on school grounds.

 

[USMC109]

I would argue that reporting on school violence is legitimate business for a reporter.

+1 on that especially in really bad schools where there are many gangs etc...