Lawyers are helpful/hurtful, but when ya need one, you want a bulldog, so... Now politicians? Oh, hell, no. Citizen representatives and Senators representing the STATES as it should be? Yes. Down with the 17th!
I 100% agree with you on the politicians part. As far as lawyers, I think there should be far fewer of them and that our laws should actually be written in the "common tongue," as was intended when our nation was founded.
If they don't they should have known by now with the school shootings that have occured. The GFSZA is a failure but they still won't repeal it so that people can defend themselves and their students. I expect the GFSZA to be challenged under Bruen at some point because there's no historical analogue at the Founding that would support the GFSZA.
I'm a teacher. When is this nonsense going to end? Everybody, including school staff, has the RIGHT to carry on school grounds, and these infringements on our 2A rights must stop!
POLICE people DON'T MAKE HEAVEN, and most police officers don't believe in heaven, or hell! Saved people, who love and imitate Jesus don't pursue jobs that hurt, torture-cuff, terrorize, financially extort, and murder taxpayers. (Atheists, Devils, Mercenaries, and people with bad souls do that!)
Look at the evidence, coming from another state parking for extended periods of time out side a school, did he know someone that lived near the school? Did he have business there? This is one time that 2A rights even though violated got pushed aside and probably a good thing too. This guy was planning something.
They had other options. They could have continued to surveil him and or got feds involved, or at least gotten proof of their suspicions. Reads too much like, "trust us, he was a bad guy". Local police making up a reason to detain someone should make us all raise our eyebrows.
the school gun free zone does not pass Bruen, no historical evidence for it, kids used to carry guns with them to school, schools had/have gun clubs, a school I went to had a gun range in the basement
@@user-fe5ns7ts6v You don't have to go back that far, though. It wasn't an issue when I was in junior high, which was in the late 90's. Of course, that was in Mississippi.
@@ericarachel55 Justice Clarence Thomas failed us. He's correct most of the time, but he specifically said in Bruen that "sensitive places" are okay to be gun free zones, and then he specifically listed "schools" as a sensitive place. It's absolute bullshit. We teachers have constitutional rights too and the right to protect ourselves and our students!
Yeah I don't have kids either but I spend like 8 hours a day hanging out across the street from a school. Cause I fuckin live there. Being near a school means NOTHING. There's dozens of schools in every city. Are we seriously never allowed to be near them unless we got kids that go there?
What happens if you live next to a school? Did you “voluntarily” give up your 2nd amendment rights by choosing to live there? What if they build a school next to your house?
Unless I'm mishearing or misreading here, he was sitting in his car for multiple hours near the school, and close enough that people from the school called police 9 different times about the clearly suspicious behavior. This is the kind of red flags we want police to investigate.
@@marshall104 He's referring to the case in Montana in which a man was arrested for having a firearm on his own property, which just so happened to be across the street from a school.
@@marshall104 Investigate, yes, put the guy on their radar so they can intercept him before any harmful actions take place. But arrest and charge? No. The guy is apparently dangerous but he wasn't doing anything illegal.
The house I'm at is just inside the 1000ft mark. Going anywhere would be impossibly difficult and convoluted. I'm trying to map a route just to see how impossible and ridiculous it would be even ignoring the fact that outside my driveway is a fail.
@djjaysky9071 And? So he's guilty of a motor vehicle offense. Arresting and convicting someone of a hypothetical crime is a VERY dangerous precedent to set and would allow anyone, anywhere to be arrested and convicted for any reason.
@djjaysky9071 dealer and vanity plate frames are ubiquitous in all but the strictest metro areas. I see a lot of polarized and tinted covers too, and I'm not LEO.
Yes, that'll teach them. The police, Da, judges would all get qualified immunity. If they didn't. They still don't pay. The public does. Yet one cannot sue if one was found guilty. At least have a basic understanding of how things work before offering advise.
@@brainomancer Unless I'm mishearing or misreading here, he was sitting in his car for multiple hours near the school, and close enough that people from the school called police 9 different times about the clearly suspicious behavior. This is the kind of red flags we want police to investigate.
I hear violation of 1, 2, 4, 5, 14 Amendment. This IS lunacy. SHOW ME THE PROOF. If he was planning an attack, he wouldnt be so obvious. I dont see how they can bring it up at sentencing, but not in trial? STINKS.
You would be surprised how obvious and stupid criminals are. The loser that took shots at trump was insanely obvious. This dude is definitely sketchy... but I can't come up with any justification for giving him 5 years in prison.
@@section8usmc53 it's been used countless times for criminal charges, that's kind of the original point, so undercover cops could do criminal stuff to fit in, without facing consequences.
The terrorism theory was brought up only in sentencing and not in trial because if it had been brought up in trial, the prosecution would have HAD to present evidence and witnesses, which would have been subject to discovery by the defense and cross-examination. Make the argument in the sentencing hearing, and the defendant arguably has no opportunity to dispute the story.
It's only been brought up as a possibility, because we still don't know what he was doing parked near a school on at least 10 different days (based on 9 calls to police and when he was arrested), for multiple hours each day (he was there from 4pm to 9pm the day he was arrested, unless I miss heard that). It is very suspicious behavior and when something like that happens near a school, it should be investigated thoroughly.
Evil lawyer here. I don’t think the GFSZ Act is Constitutional, but the rest was kosher, as far as long established criminal law in most every state. Not uncovering his license plate after warned to do so is cause for citation. As soon as he initially refused to roll down his window and exit the vehicle upon command, he’s subject to lawful arrest, and his vehicle can be impounded and searched incident to arrest. At a sentencing, the judge has a range. The prosecution argues “enhancing” factors for a tougher sentence, and the accused argues “mitigating” factors for a lighter sentence. The burden of proof there, since you’re already guilty upon your plea, is just a preponderance of the evidence, more likely than not. No more beyond a reasonable doubt once you’re guilty. If they think you were up to something far worse but can’t prove it, they look for anything else they can prove beyond a reasonable doubt on the front end and use the rest at sentencing. That’s how the game is played as to pretty much all criminal law, whether it’s a 2A issue or not, and all citizens are well advised to know it.
@@williambutler3630 Yeah, but I saw a YT video that said lawyers lie, and the earth is flat, and he was a sovereign citizen, so they didn't even have jurisdiction over his contract! That video made me an expert on law.... LOL! Seriously though, I can't believe conservatives are defending THIS situation. The only problem here is that it's the one and only good use of this horrible law.
@thomas- nonsense. he had just as much right to challenge the theory that he was planning a terrorist act during sentencing as he would during trial. he could call witnesses, contest evidence, etc. she implies that it wasn't brought up because they simply fabricated it. also nonsense. It wasn't brought up because it would obviously be too prejudicial to the separate matter at hand, and easily get the trial results thrown out
So dude traveled from NY to Texas and spent his afternoon/evenings sitting in his car in a Christian School parking lot, with drugs, a rifle, and ammunition. This whole case is really strange!
First, unless you're advocating for the 'Minority Report' pre-crime treatment, you can't take his rights away based on what you 'think' he might do. Second, the firearm was in his vehicle on a public roadway. This is unconstitutional.
@sinister- you're full of shit. Her theory that they fabricated his jihadist ramblings about killing American kids because they didn't mention it at trial is stupid. They didn't mention it at trial because it would obviously be far too prejudicial to the matter at hand (illegal possession) and would easily get the trial results thrown out. we learn that it's a huge no-no to mention 'prior bad acts' at trial (or to mention unsympathetic things about defendant that are strictly immaterial to the charges) in high school it sucks that the stupid gun free zone BS is the best they could come up with, but they were desperate because the guy is a known salafist nutcase
Yes. And as the US continues to unravel and face more threats of terrorism, the list of innocent activities classified as potential terrorism will only grow. Stepping outside or using the Internet will soon be considered "suspicious activity" by big brother
Automatically void doesn't need to repealed whatsoever. The US Supreme Court "The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose since it's unconstitutionality dates from the time of it's enactment... In legal contemplation it is as inoperative as if it had never been passed... Since an unconstitutional law is void the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supercede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land (the constitution)it is superceded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnet V. Vallier,16 NW. 885,136 Wis. 193(1908); Norton V. Shelby county,118 US 425(1886). Where rights secured by the constitution are involved, there can be no rulemaking or legislation which would abrogate them. Miranda V. Arizona,384 US 436 p.491. A law repugnant to the constitution is void. An act of Congress repugnant to the constitution cannot become law. The constitution supercedes all other laws and the individuals rights shall be liberally enforced in favor of him the clearly intended and expressly designated beneficiary. Marbury V. Madison 5 US 137(1803). An unconstitutional law is void and is as no law. An offense created by it is not a crime. A conviction under it is not merely erroneous but is illegal and void and cannot be used as a legal cause of imprisonment. Ex parte Siebold,100 US-371(1879).
@@djjaysky9071 His plate frame was probably just a typical one you buy off of Amazon that just so happened to partially cover one specific thing that NY decides can't be covered.
@@shred1894texas. He was from NY, but arrested in Texas. Many states say the frame can't obstruct the state, the year of expiration, or month of expiration. It really makes nearly all frames illegal in most states, but many don't seem to care.
Except they knew and documented that he was in the school zone for 5 hours leading up to the stop. That shows he had been in possession of the gun and ammo while not traveling.
she implies that they fabricated their terrorism concerns because they didn't mention it until sentencing. Mentioning those concerns during a trial about gun possession would have been prejudicial and gotten the trial results thrown out
@@garyblack8717 He was just working up the nerve to do his evil. It's like the mountain lion that watched a yard with a couple and their three dogs untill finally the lion hopped the fence and grabbed one of the dogs. The lion got to the point where he just couldn't stand the temptation anymore and acted.
So, the guy had a written manifesto to kill the children in the school, had informed people that he was going to cause a tragedy and would never be seen again, had 2 rifles in his vehicle with ammo, and was observed on multiple occasions over the course of multiple days observing the entry and exits to the catholic school. Have I got that all right?
So if I lived right behind an elementary school and put my pistol in my car and drove off my property on the road that parallels the school property, I am going to jail for 5-10 years? So no going to work or shopping nor walking down the sidewalk? How is this constitutional? I am being denied my 2nd Amendment for living next to a school?
There is an exception carved out in GFSZA for DRIVING ON a public road within a school zone, provided you don't stop and park within the zone (unless on your own property), so no, you would not be in violation in the scenario you describe.
that's their game and yes they will arrest you. They don't care about citizens, They only care about their performance quota monthly. If people wouldn't be so entertain with sports , music and movies they would actually unite and do something about this sort of stuff. But as long we are divided they have the power to do whatever they want. Deep State.
@@6omega2 Don't think that is true. Haven't seen that exception in the law. One of the warnings about constitutional carry is you could run afoul of the GFSZA while driving past the school. Since constitutional carry is fairly new to most of the country there hasn't really been much in the way of case law and when the GFSZA was passed only Vermont had it so the LTC exception was seen as sufficient (anyone driving by the school with a gun would already be breaking the law). There is an exception if you are a licensed in the state to carry a firearm and one of the reasons to still get the LTC.
I know Indiana has an exception where if the firearm is “secured and not in public view” you are good to go. I don’t much care to hang my freedom and rights on an exception that sounds a bit vague, but you take what you can get. Perhaps if we can get some people in DC who give a damn about our rights laid out in 1-10 Amendments, we can get these unconstitutional laws removed? Yeah, I know, wish in one hand…
Exactly, people here seem to think that YT videos present ALL the evidence that available and entire story. Most of the time, these are the difference in things seeming wrong and making sense. Smartest comment on this!
She does a good job with this video, but I've questions. WHY was this guy lurking about this school, repeatedly? What's the legality of the AR15, especially coming from New York? What evidence of a terrorist plot, beyond his suspect behavior? Et al. I think he was bagged for "gun within 1000 feet" because there were other things going on with this guy and they wanted to get him off the street. Al Capone was wanted for many things but imprisoned for tax evasion.
Why was the car towed? A plate frame isn't enough. In many states that is a summonsable traffic infraction, not arrestable crime. We need PC to tow a vehicle, and to inventory the contents. Further, if there was legal parking nearby then the driver should be allowed to park his vehicle there. IF the tow was illegal, then and contents discovered in a now illegal inventory search are inadmissible. This is a gross violation of multiple Constitutional rights, not just the 2A.
Because he had done this for multiple days which prompted multiple calls to police. With or without the gun he should have been investigated for suspicious behavior near a school.
@@marshall104 why didn't someone else park right behind him and watch him if he was so suspicious? It is not outside the realm of possibility that he was a bad bad guy and was really dumb. Arresting ANYONE on made up charges and completely ignoring rights is a BAD BAD idea. You and I could be next.
that's their goal, but now, this is 100% Unconstitutional and illegal on the part of the gov. Gun free zone laws violate the constitutiona and are thus null and void.
What constitutes a "school"? Does a church with Sunday school count as a school? Does the home of a home-schooled child count as a school? Legislation like this was proposed back in the 1980s. It failed muster then because the entire justification for the ban was premised on the Commerce Clause. The argument went that guns in a "school zone" contribute to a hostile learning environment. Thus kids, being in the general vicinity of a gun somewhere within a 1/4 mile radius, are too traumatized by the gun's presence to concentrate on their schooling. Thus, their academic performance suffers. And thus they are less likely to be accepted into college due to their gun-caused poor grades. And therefore will not be qualified to obtain lucrative employment once graduating school. And that means that the nation's GDP will suffer as these poorly educated kids will become substandard workers making a significantly (enough) worse contribution to the nation's economic success (and also will earn less taxable income to fund the government). And, as the Commerce Clause gives government unlimited power to regulate anything and everything that could possibly have any effect on the economy of the nation, Congress necessarily has the power to impose gun free zones around schools. Courts ruled that this line of Commerce Clause reasoning is laughably ludicrous and voided the law as being an absurd interpretation of the Commerce Clause. That, of course, has not stopped the gun control fanatics.
The 1000-foot rule is bunk. I live within 1000 feet of school property. It's a maintenance facility that kids no longer are around. My daughter went to classrooms there when she was young, but all the classrooms were demolished, and only a gym and maintenance sheds still stand. I carry daily. Luckily, I live in a free state, so it's not a problem. But cops and courts could make it a problem. Laws like this are just traps to ruin law-abiding citizens' lives. I know nothing of the man in this case but unless more evidence is provided, I'm going to assume he got screwed just like the guy in Montana.
you guys are ridiculous. He had just as much right to contest those allegations during sentencing as during the trial. Her theory that they possibly fabricated those allegations because they were not mentioned during the trial is just as stupid as your comment. if those allegations had been mentioned or even proven during trial, the trial results could be easily thrown out on appeal because those facts are obviously highly prejudicial to the jury and strictly immaterial to the matter in question. you guys don't even stop to consider the possibility that the guy is a known salafist, that maybe he indeed wrote a bunch of crap about wanting to shoot up a school, but the stupid gun free zone BS was unfortunately the best they could get him on
honestly the whole 1000 feet from a school thing is BS. I live fairly close to a school luckly more than 1000 feet but there are houses across from the school and if god forbid one of the families decides to won a gun for home protection they become a felon if anyone where to report them. total bullshit in my opinion
I'm with you on this, if there is evidence that this man was part of a plot to commit a terroristic act ... why were there no terror related charges? Where is the evidence and what was it? There is a whole lot more to this case than what the media has reported.
especially following his jihadist ramblings about killing american kids in revenge. her theory that they must have fabricated this because they didn't mention it at trial is stupid. Mentioning it would have been far too prejudicial to the matter at hand and would have gotten the trial results thrown out
I used to work with a retired cop. He told me he'd use something small like the license plate thing if he thought there was something more going on. He was a cop in California back in the 70's. Was this guy suspicious? Sure. Is being suspicious in and of itself a crime? No, but it does tend to bring unwanted attention.
The thousand foot school rule needs to be set aside as unconstitutional. It doesn't make sense it's never made sense. It restricts free travel of law abiding citizens who are allowed to carry legally.
Actually the law does not restrict travel at all; it was applied here because after sitting on the side of the road for multiple hours, at some point he wasn't traveling. I don't think the courts have really decisively determined when traveling stops, but 5 hours of sitting parked is pretty clearly no longer traveling. I think 1,000' is insane though; however, in this case is was 40', under very suspicious circumstances.
@@andycole5957 so if you are a truck driver and you pull over on the side of the road to sleep for five hours, you’re no longer traveling and the cops can come arrest you because you keep a gun in your truck and the rest stop just happens to be within 1000 feet of a church that has a school attached to it?
@@Matt-yg8ub Pretty much, unfortunately; especially in the case of sleeping. Like I said, 1,000' is an insane distance. However... In the real world, first the truck driver would need to do something to get searched by cops, then officer discretion on actually charging for it, then the DA has discretion on prosecuting the charges or not, THEN a jury has to decide that a truck driver sleeping 950 yards away from a school was the intent of the law. Basically don't go to New York or California and your probably fine.
@@andycole5957 unless of course you’re an Arab American in Texas out-of-state plates from New York….. then you’ll spend five years in jail because you had a legal firearm in your car
Suspicious behavior. Obscured license. Failed to follow a cops lawful order. At that point any officer has probable cause, and dosen't need a warrant to search your car, or belongings.
@@OtisFlint I like how you ignored the other 2 reasons I gave for the probable cause. 🍒 Here's the cherry you picked. 😆 No one said that the license plate frame was the reason that the man got arrested either. 🤫 But she did say that it violated texas law, meaning they could arrest him IF they wanted to.
@@OtisFlint You are right, but that's not how it happened. His vehicle was in violation of state law. He was given warning and sufficient time to correct it. That gives them the right to tow the car to remove it from the public roadway till he corrects the issue. That allows them to search the car's plane view and inventory the contents in plane view. Additionally, he refused to cooperate, which is arrestable, and also gives a second reason to tow the car, as they can't just leave it illegally parked.
My back yard is literally an Elementary School. I own several firearms. So basically anyone who lives within that 1000' Zone would be in violation if they own firearms.
I just looked up my home town, using the center of the school (as I'm not exactly sure how they measured it), like half of it would be screwed if certain exceptions weren't made. It isn't a big town (like 2.6k people with few multi living structures), but just two schools (one being rather small) really would mess with most people. I grew up like 2 blocks away from the nearest school and even the farthest corner of that property is just barely within that limit. I could travel like literally another block or two and hit the other limit. Its insane people think that is acceptable. Especially in towns where a business may just be a block away from said school.
1,000 feet is ridiculous. That's 4 to 5 city blocks! My house is within 1,000 feet of a school. Does that mean I can never go to the range with my gun because I can't leave my house? The Federal Gun-Free School Zones Act prohibits an individual from possessing a firearm within 1,000 feet of a school. However, there are several exceptions to this prohibition. The three most common exceptions are: 1. You have an unloaded firearm that is locked in a container or secured on a rack in your vehicle; 2. You possess a concealed carry license from the state in which the school is located. So, under federal law, a Concealed Weapon/Firearm License (CWFL) holder would be allowed to possess a firearm within 1,000 feet. But if that CWFL holder travels to another state, he or she would not be allowed within a thousand feet of a Texas school with a TX CWFL; or 3. You are on private property. For example, your house is located within 1,000 feet of a school. Note: The Gun-Free School Zones Act (GFSZA) does not recognize constitutional carry or any form of permitless carry in a "school zone". The Federal Gun-Free School Zones Act of 1990 was initially ruled unconstitutional by the U.S. Supreme Court in the case of United States v. Lopez on April 26, 1995. The Court found that the Act exceeded Congress’s authority under the Commerce Clause. However, the law was later amended to apply only to firearms that had moved in or affected interstate or foreign commerce. This would apply to just about any firearm. Bad Government. Bad Law.
The restriction doesn't apply to incidentally traveling past, so you're good. Just don't sit across the street 10 time for hours at a time and disregard police repeatedly investigating why you are there.
within 1,000 feet (a city block?) is not especially ‘near.’ We’re missing the details of what was actually close to where he was parked. A lot of the background begs for a lot of questions. But, he was arrested for a plastic license plate frame.
I lived 300 feet from an elementary school and owned guns. I carried my guns and ammo "California legal" in a locked box, in my camper shell. I often parked in the school parking lot to have lunch.
I don't believe this is a second amendment issue . If the DOJ believed this to be a terrorist act in progress and had the evidence to back it up, then this person should have been handled as an enemy combatant and treated as such. His actions were highly suspect and he should have been fully investigated.
I doubt there was that much thinking involved. Local PD got a bunch of calls, it seemed genuinely suspicious, so they found a minor infraction as a gateway to search the vehicle, and this is how it unfolded.
It’s Texas, every third vehicle probably has a gun and ammunition, and anyone who parks anywhere for any period of time could be considered creepy by that definition
@@Matt-yg8ub I doubt you'll find many people who stop and sit in their cars for hours every day for weeks in the same spot anywhere. Even if I was somehow pressed to spend hours in my car every day, I'd change locations for a change of scenery.
Texas law regarding weapons is car is clear. It is legal to have a firearm in your vehicle, even in the parking lot. That being the case, I’m not going to trust this clip. Maybe she believes what she says. Why would he sit there for that many hours if he’s innocent?
I don’t know what this guy’s motive was for lingering by the school. The prosecution presented no evidence at trial to indicate he was a threat. EVIDENCE used to be the standard by which an individual was supposed to be tried & convicted/exonerated. What I do know is when I went to high school in Georgia most of us carried a knife in our pockets and a hunting rifle or shotgun in our vehicles. No one was ever stabbed or shot. We also weren’t taking tons of antidepressants, antipsychotics, or ADHD meds & we all had a firm understanding of what our gender was. Correlation does not equal causation but it is something to consider.
This is the kind of person the cops should be watching, not violating his rights. Now, they won't know if he was part of a bigger plot. Cops too often take the lazy way out.
Marihuana is the legally accepted term based from the Marihuana tax act of 1937. Even though it was a state specific act, almost all court systems have adopted that spelling. Having written 100 plus search warrants, I have used this spelling on court documents. Also state labs that test marijuana for court refer to a positve test for marihuana.
The law is abusable and meant to make legally transporting a firearm hard but that guy was being a total creep and might have actually been planning an attack
Like Liberty Doll, I’m stumped there too. Why sit outside of a school like that with a rifle? Of course there’s no actual evidence to support he was planning a terroristic attack, but still…
Ever heard of innocent until proven guilty? If they thought he was actually planning something, they should have assumed probable cause and got a search warrant. It sounds like he parked there several times so it's not like they didn't have a chance to get a warrant.
If theybused Creative License to catch this guy. Odds are 100 to 1 they have done it before and will do it again. Odds are also high that someone will be innocent. Do you want to risk letting any LE have unlimited authority? Hard Pass. I'll keep the Constitution thank you.
From what you said his rights were absolutely violated. If they had evidence he was plotting something they would have charged him. Instead what it sounds like is he was parked, and minding his own business when a bunch of Karens decided being parked was suspicious. Police trumped up a license plate obstruction to an arrestable offense, when it should be a ticket at worst, and used it as an excuse to search his property without a warrant. Why he was parked there really doesn't matter unless they can prove any of those allegations they made about him, and once again if they could those would have been charges.
ARs are illegal in NY. Where did he legally buy an AR if he was a NY resident? Long cans can be bought in neighboring states, IF they are legal in your state. No registration rules in Texas though. Wonder if he bought in Texas, as Non-Resident? That would have been a better rap than a license plate frame and failing to roll down the window.
@@joenunya8449that is not true, you can’t be arrested for purchasing something in State A that is illegal in State B, if you’re still in State A. AR15s are also not banned in New York, that would be unconstitutional.
I am still waiting for the 14A ruling about the NM Anti-Gun group that created SBR’s in violation of the NFA and then brought them into a High School to be handled and further destroyed by under age children do hard time. So, a good lawyer can argue that if some people can scofflaw and face zero consequences, so should everyone else.
You got to wonder why he was parking in a school zone for so long and frequently. Sounds really creepy to me. They put him away for anything they could. I don’t blame them.
When you start with a him sitting across the street and watching a school for many days I'm already thinking something is wrong. A few other details in there where also red flags. I'm very pro 2A but without knowing anything else it sounds as sketchy as a couple of large buildings falling around the same time.
It’s definitely sketchy. A crime may well have been prevented. I don’t know that his rights were technically violated, the way the statutes are written and the courts interpret them, apart from arms restrictions generally being a violation of 2A. Incidents like this facially validate bad laws that punish law abiding citizens more than criminals.
His behavior is very suspicious and I'm gonna say it, his name raises concerns of a lone terrorist plot. I'd like to know more of his background and if he is ideologically driven.
This school in Beaumont, Texas is in a mostly industrial area and 1200 feet from a set of Railroad tracks. I have to ask if it is a possibility that he was doing some sort of security work or if he is a Bounty Hunter working for a bond company in New York? Some police departments have a serious dislike of Bounty Hunters from other states coming into their area. We just don't have enough info on this case.
I am a gun owner, and would be creeped out by some guy sitting in his car for 4-6 hours outside a school, gun owner or not. If the terrorist stuff is proven, he deserves what he gets and he ain't getting sympathy from me. Five years seems rather steep to me. Gun free zones are a complete joke. This guy got picked up in a normal neighbourhood but a 20 year old kid with a gun climbing the roof near a former president who is running again - somehow he is left alone. I don't get it.
Is it just me or does anybody else think that 99% of life's problems would go away without politicians and lawyers
Make that the 1% instead (this includes politicians). Don't know about lawyers, they can be good/bad.
Lawyers are helpful/hurtful, but when ya need one, you want a bulldog, so...
Now politicians? Oh, hell, no. Citizen representatives and Senators representing the STATES as it should be? Yes. Down with the 17th!
I 100% agree with you on the politicians part. As far as lawyers, I think there should be far fewer of them and that our laws should actually be written in the "common tongue," as was intended when our nation was founded.
Politicians, judges, lawyers/attorneys are responsible for most of American citizens problems.
How about without Mohammed?
People don't understand how dangerous the gun free school zone act can be.
If they don't they should have known by now with the school shootings that have occured. The GFSZA is a failure but they still won't repeal it so that people can defend themselves and their students. I expect the GFSZA to be challenged under Bruen at some point because there's no historical analogue at the Founding that would support the GFSZA.
Anyone anytime any reason.
Not just can but is
We are living in "A Government of Wolves".
Yes we do. That's why we're against it
I'm a teacher. When is this nonsense going to end? Everybody, including school staff, has the RIGHT to carry on school grounds, and these infringements on our 2A rights must stop!
POLICE people DON'T MAKE HEAVEN, and most police officers don't believe in heaven, or hell!
Saved people, who love and imitate Jesus don't pursue jobs that hurt, torture-cuff, terrorize, financially extort, and murder taxpayers. (Atheists, Devils, Mercenaries, and people with bad souls do that!)
When we stop electing these liberals who were cheated when common sense was passed out.
Not in my state or many others. You are fortunate to live where the political structure supports you being armed.
Look at the evidence, coming from another state parking for extended periods of time out side a school, did he know someone that lived near the school? Did he have business there? This is one time that 2A rights even though violated got pushed aside and probably a good thing too. This guy was planning something.
They had other options. They could have continued to surveil him and or got feds involved, or at least gotten proof of their suspicions.
Reads too much like, "trust us, he was a bad guy".
Local police making up a reason to detain someone should make us all raise our eyebrows.
the school gun free zone does not pass Bruen, no historical evidence for it, kids used to carry guns with them to school, schools had/have gun clubs, a school I went to had a gun range in the basement
My Grandfather carried his hunting rifle in the school's parking lot and went hunting after school let out.
That in the '40's and '50's.
@@user-fe5ns7ts6v You don't have to go back that far, though. It wasn't an issue when I was in junior high, which was in the late 90's. Of course, that was in Mississippi.
@@ericarachel55 Justice Clarence Thomas failed us. He's correct most of the time, but he specifically said in Bruen that "sensitive places" are okay to be gun free zones, and then he specifically listed "schools" as a sensitive place. It's absolute bullshit. We teachers have constitutional rights too and the right to protect ourselves and our students!
@@musicman1eanda I've no objection to the school building and grounds but outside of that is public
@@musicman1eanda a lot of schools have armed guards now, like more of them here on Long Island
Amazing, this is considered a threat while a person on a roof with a rifle is not. hmmmmmmm.
Well said.
The difference is, guy on the roof wanted to kill the Evil Trump. The Arab wanted to kill children.
Needs more likes
Right?
Come on man... the roof was sloped!
The guilty until proven innocent mentality of the courts is very concerning .
Well he didn't have kids there so it's awful janky
Yeah I don't have kids either but I spend like 8 hours a day hanging out across the street from a school.
Cause I fuckin live there.
Being near a school means NOTHING. There's dozens of schools in every city. Are we seriously never allowed to be near them unless we got kids that go there?
he was guilty, he broke the law. lurking outside a school with a gun he shouldnt have had there.
@mikesimms5750 this is definitely wierd .something was definitely off with this guy.
What happens if you live next to a school? Did you “voluntarily” give up your 2nd amendment rights by choosing to live there? What if they build a school next to your house?
Unless I'm mishearing or misreading here, he was sitting in his car for multiple hours near the school, and close enough that people from the school called police 9 different times about the clearly suspicious behavior. This is the kind of red flags we want police to investigate.
True, but we want them to investigate within the confines of the law and not just have the ability to make people disappear because they were creepy.
@marshall104 the dude sounded like an auditor, except, no camera (or we likely would have seen some by now)
@@marshall104 He's referring to the case in Montana in which a man was arrested for having a firearm on his own property, which just so happened to be across the street from a school.
@@marshall104 Investigate, yes, put the guy on their radar so they can intercept him before any harmful actions take place. But arrest and charge? No. The guy is apparently dangerous but he wasn't doing anything illegal.
I challenge anyone reading to show me a route from their home to work without passing a school.
I could manage it...but not if the definition of "passing" is "within 1000 feet."
I'm retired, so technically...
The house I'm at is just inside the 1000ft mark. Going anywhere would be impossibly difficult and convoluted. I'm trying to map a route just to see how impossible and ridiculous it would be even ignoring the fact that outside my driveway is a fail.
I do it EVERYDAY.. That’s even driving half way across town out of my way to get coffee.. lol
i can ....
i can go 5 different ways to work from home and NOT pass a school.
Sue them! This is 100% unconstitutional
he was hanging outside of a school, his plate frame is illegal
@djjaysky9071 And? So he's guilty of a motor vehicle offense. Arresting and convicting someone of a hypothetical crime is a VERY dangerous precedent to set and would allow anyone, anywhere to be arrested and convicted for any reason.
@@djjaysky9071
So how did an illegal plate frame (misdemeanor) end up in a vehicle search?
(rhetorical -just thinking out loud)
@djjaysky9071 dealer and vanity plate frames are ubiquitous in all but the strictest metro areas.
I see a lot of polarized and tinted covers too, and I'm not LEO.
Yes, that'll teach them. The police, Da, judges would all get qualified immunity. If they didn't. They still don't pay. The public does. Yet one cannot sue if one was found guilty. At least have a basic understanding of how things work before offering advise.
The judge belongs in jail, not the gun owner.
That judge isn’t fit to adjudicate a pie eating contest. 🥧
And the police who charged him in the first place.
@@brainomancer Unless I'm mishearing or misreading here, he was sitting in his car for multiple hours near the school, and close enough that people from the school called police 9 different times about the clearly suspicious behavior. This is the kind of red flags we want police to investigate.
@@marshall104still legal. Suspicion is what crime?
Big government punishes people for ridiculous reasons all the time. They've done it for years
They are simply trying to make a helpless population.
They dont punish criminals tho...these people are insane...
I hear violation of 1, 2, 4, 5, 14 Amendment.
This IS lunacy. SHOW ME THE PROOF.
If he was planning an attack, he wouldnt be so obvious.
I dont see how they can bring it up at sentencing, but not in trial? STINKS.
he was hanging outside of a school, his plate frame is illegal , he rights were not violated
@@djjaysky9071 his plate frame was illegal? lock him up. 🙄
You would be surprised how obvious and stupid criminals are. The loser that took shots at trump was insanely obvious.
This dude is definitely sketchy... but I can't come up with any justification for giving him 5 years in prison.
@@djjaysky9071 OH MY GOD A PLATE FRAME!
@@djjaysky9071 stop replying to every comment
That's ridiculous so shouldn't the cops get charged too since they made a stop in the same place with their guns. We don't wanna be a hypocrite now.
Qualified immunity, the public simply doesn't have any.
Qualified Immunity. Cop don't get charged.
@@FosterTravis1071Qualified immunity is only for civil, not criminal, and doesn't apply.
@@section8usmc53 it's been used countless times for criminal charges, that's kind of the original point, so undercover cops could do criminal stuff to fit in, without facing consequences.
Persons with CCW's and sworn law enforcement personnel are exempt.
It's really STUPID - What if you live within 1000 feet of a SCHOOL - seems like this ACTUALLY a violation of the CONSTITUTION...
The schweinhunts with badges can carry in those zones. What a surprise! It’s ridiculous.
Yeah was wondering this lol
I live across the street from a school, have carried my AR in and out of the house before
Do you know why he was sitting in his car for days at a time?
The terrorism theory was brought up only in sentencing and not in trial because if it had been brought up in trial, the prosecution would have HAD to present evidence and witnesses, which would have been subject to discovery by the defense and cross-examination. Make the argument in the sentencing hearing, and the defendant arguably has no opportunity to dispute the story.
It's only been brought up as a possibility, because we still don't know what he was doing parked near a school on at least 10 different days (based on 9 calls to police and when he was arrested), for multiple hours each day (he was there from 4pm to 9pm the day he was arrested, unless I miss heard that). It is very suspicious behavior and when something like that happens near a school, it should be investigated thoroughly.
Evil lawyer here. I don’t think the GFSZ Act is Constitutional, but the rest was kosher, as far as long established criminal law in most every state. Not uncovering his license plate after warned to do so is cause for citation. As soon as he initially refused to roll down his window and exit the vehicle upon command, he’s subject to lawful arrest, and his vehicle can be impounded and searched incident to arrest. At a sentencing, the judge has a range. The prosecution argues “enhancing” factors for a tougher sentence, and the accused argues “mitigating” factors for a lighter sentence. The burden of proof there, since you’re already guilty upon your plea, is just a preponderance of the evidence, more likely than not. No more beyond a reasonable doubt once you’re guilty. If they think you were up to something far worse but can’t prove it, they look for anything else they can prove beyond a reasonable doubt on the front end and use the rest at sentencing. That’s how the game is played as to pretty much all criminal law, whether it’s a 2A issue or not, and all citizens are well advised to know it.
@@williambutler3630 Yeah, but I saw a YT video that said lawyers lie, and the earth is flat, and he was a sovereign citizen, so they didn't even have jurisdiction over his contract! That video made me an expert on law.... LOL!
Seriously though, I can't believe conservatives are defending THIS situation. The only problem here is that it's the one and only good use of this horrible law.
@@williambutler3630 gun owners have been saying "enforce the existing laws" , sounds like they are doing it here.
@thomas- nonsense. he had just as much right to challenge the theory that he was planning a terrorist act during sentencing as he would during trial. he could call witnesses, contest evidence, etc. she implies that it wasn't brought up because they simply fabricated it. also nonsense. It wasn't brought up because it would obviously be too prejudicial to the separate matter at hand, and easily get the trial results thrown out
Sooo if you’re house is located directly across the street from a school, does that mean you’re gun rights are stripped?
Yes
You probably are in for more sh*t shows like this. This is extremely messed up.
Yes. Your home is a gun free zone.
Correct. It’s been brought up in court before.
it stops at your property line and the side of the public street that is attached to the house
Wtfo that judge needs removed!!!
and permanently exiled
The entire government needs removal
We are in big trouble if people don't wake the F##k up.
🤨 It's going to get worse.! 🤔 Stock up and prepare for the Worst.! 🫤
🤨 It's going to get worse.! 🤔 Stock up and prepare for the Worst.! 🫤
buy ammo and have a lawyer on retainer
waking up means 40 million die 30 days later
@@Daves_Not_Here_Man_76 What do you mean?
What a nonsense case
What are your thoughts on why he's sitting outside a school for hours at a time?
So dude traveled from NY to Texas and spent his afternoon/evenings sitting in his car in a Christian School parking lot, with drugs, a rifle, and ammunition. This whole case is really strange!
Just guessing but based on his man I'd be this man wasn't a catholic
Yeahhh it wouldn’t be as crazy if he didn’t have 2 ounces of weed on him and/or was there multiple days
First, unless you're advocating for the 'Minority Report' pre-crime treatment, you can't take his rights away based on what you 'think' he might do.
Second, the firearm was in his vehicle on a public roadway. This is unconstitutional.
I didn't know cops and feds are clairvoyant?
The government can do whatever it wants.
@@springerworks002 no, the government does whatever we let it get away with...
Sounds like they stomped on his rights because he "wasn't from 'round here", then made some crap up later to sell their screw-up.
Unfortunately he's a gun owner, so no one will care.
Yeah and his name sounds islamic.
@sinister- you're full of shit. Her theory that they fabricated his jihadist ramblings about killing American kids because they didn't mention it at trial is stupid. They didn't mention it at trial because it would obviously be far too prejudicial to the matter at hand (illegal possession) and would easily get the trial results thrown out. we learn that it's a huge no-no to mention 'prior bad acts' at trial (or to mention unsympathetic things about defendant that are strictly immaterial to the charges) in high school
it sucks that the stupid gun free zone BS is the best they could come up with, but they were desperate because the guy is a known salafist nutcase
100% true unfortunately
So they can just accuse you of a terroristic plot?
Umm let me introduce you to the Patriot Act.
Yes. Yes they can. And they can hold you forever, And they don't even need proof.
Yes. And as the US continues to unravel and face more threats of terrorism, the list of innocent activities classified as potential terrorism will only grow. Stepping outside or using the Internet will soon be considered "suspicious activity" by big brother
I keep on saying we the people need to repeal the gun-free zone Act
100% It has been the Worst thing for school safety ever.
Automatically void doesn't need to repealed whatsoever.
The US Supreme Court
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose since it's unconstitutionality dates from the time of it's enactment...
In legal contemplation it is as inoperative as if it had never been passed...
Since an unconstitutional law is void the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it. A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supercede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land (the constitution)it is superceded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it."
Bonnet V. Vallier,16 NW. 885,136 Wis. 193(1908); Norton V. Shelby county,118 US 425(1886).
Where rights secured by the constitution are involved, there can be no rulemaking or legislation which would abrogate them.
Miranda V. Arizona,384 US 436 p.491.
A law repugnant to the constitution is void. An act of Congress repugnant to the constitution cannot become law. The constitution supercedes all other laws and the individuals rights shall be liberally enforced in favor of him the clearly intended and expressly designated beneficiary.
Marbury V. Madison 5 US 137(1803).
An unconstitutional law is void and is as no law. An offense created by it is not a crime. A conviction under it is not merely erroneous but is illegal and void and cannot be used as a legal cause of imprisonment.
Ex parte Siebold,100 US-371(1879).
Wait if it was a traffic stop then that means he was driving on a road and got pulled over and just so happened to be in a school zone???
he was hanging outside of a school, his plate frame is illegal
@@djjaysky9071 His plate frame was probably just a typical one you buy off of Amazon that just so happened to partially cover one specific thing that NY decides can't be covered.
@@shred1894texas. He was from NY, but arrested in Texas.
Many states say the frame can't obstruct the state, the year of expiration, or month of expiration.
It really makes nearly all frames illegal in most states, but many don't seem to care.
Except they knew and documented that he was in the school zone for 5 hours leading up to the stop. That shows he had been in possession of the gun and ammo while not traveling.
hes clearly living in his car
Well, this is just bizzarro. Hard to believe it happened in Texas.
Most TX cities are Democrat controlled.
There are blue cities in every red state and leftist in uniform in every city.
The swamp is bigger and deeper than anyone could have imagined.
It's not illegal to have a gun in the parking lot in Texas
@@mrm7309
That's not what he was arrested for.
@@-joe-davidson right, he was farther away from the school than he would have been if he were in the parking lot, right? Am I missing something?
That Judge need disbarred. Hell our entire government does at this point.
They may have stopped a crime but they also violated his rights in doing so.
she implies that they fabricated their terrorism concerns because they didn't mention it until sentencing. Mentioning those concerns during a trial about gun possession would have been prejudicial and gotten the trial results thrown out
Dude was parked, sitting in his vehicle for five hours with a view of the school?!? That’s just creepy pasta.
For many days!
@@garyblack8717 He was just working up the nerve to do his evil. It's like the mountain lion that watched a yard with a couple and their three dogs untill finally the lion hopped the fence and grabbed one of the dogs. The lion got to the point where he just couldn't stand the temptation anymore and acted.
And his name is suspicious.
@@TheBagOfHolding so is yours.
@@TheBagOfHoldingso is yours bro
So, the guy had a written manifesto to kill the children in the school, had informed people that he was going to cause a tragedy and would never be seen again, had 2 rifles in his vehicle with ammo, and was observed on multiple occasions over the course of multiple days observing the entry and exits to the catholic school. Have I got that all right?
You forget he had no explanation for being there. It's not like his friends house was across the street.
Correct, but 99% of the commenters only read the headline.
@@ponyboyack00 even his attorney said he didn't have an explanation why the man was there.
So if I lived right behind an elementary school and put my pistol in my car and drove off my property on the road that parallels the school property, I am going to jail for 5-10 years? So no going to work or shopping nor walking down the sidewalk? How is this constitutional? I am being denied my 2nd Amendment for living next to a school?
There is an exception carved out in GFSZA for DRIVING ON a public road within a school zone, provided you don't stop and park within the zone (unless on your own property), so no, you would not be in violation in the scenario you describe.
that's their game and yes they will arrest you. They don't care about citizens, They only care about their performance quota monthly. If people wouldn't be so entertain with sports , music and movies they would actually unite and do something about this sort of stuff. But as long we are divided they have the power to do whatever they want. Deep State.
Some states have exceptions for drop off and pick if you dont exit the vehicle too.
@@6omega2 Don't think that is true. Haven't seen that exception in the law. One of the warnings about constitutional carry is you could run afoul of the GFSZA while driving past the school. Since constitutional carry is fairly new to most of the country there hasn't really been much in the way of case law and when the GFSZA was passed only Vermont had it so the LTC exception was seen as sufficient (anyone driving by the school with a gun would already be breaking the law).
There is an exception if you are a licensed in the state to carry a firearm and one of the reasons to still get the LTC.
I know Indiana has an exception where if the firearm is “secured and not in public view” you are good to go. I don’t much care to hang my freedom and rights on an exception that sounds a bit vague, but you take what you can get. Perhaps if we can get some people in DC who give a damn about our rights laid out in 1-10 Amendments, we can get these unconstitutional laws removed? Yeah, I know, wish in one hand…
The "school zone", should be limited to the actual school property and not 1000 feet or yards whatever it is.
Have a great day
1000 feet from a school is basically the entire city you live in, since there are schools seemingly every few blocks
Also the school zone should not include public streets or private property.
It all violates the US.CONSTITUTION.
This is how it works in Texas
There should NOT be a 'gun free school zone' or any other kind of gun free zone. Period!
If "not a good look" was crime, all sorts of people would be in prison.
I think there's WAY more to the story and this guy than we know from just this video. I'm going to be looking in to it.
Exactly, people here seem to think that YT videos present ALL the evidence that available and entire story. Most of the time, these are the difference in things seeming wrong and making sense. Smartest comment on this!
She does a good job with this video, but I've questions.
WHY was this guy lurking about this school, repeatedly? What's the legality of the AR15, especially coming from New York? What evidence of a terrorist plot, beyond his suspect behavior? Et al.
I think he was bagged for "gun within 1000 feet" because there were other things going on with this guy and they wanted to get him off the street.
Al Capone was wanted for many things but imprisoned for tax evasion.
Why was the car towed? A plate frame isn't enough. In many states that is a summonsable traffic infraction, not arrestable crime. We need PC to tow a vehicle, and to inventory the contents. Further, if there was legal parking nearby then the driver should be allowed to park his vehicle there. IF the tow was illegal, then and contents discovered in a now illegal inventory search are inadmissible. This is a gross violation of multiple Constitutional rights, not just the 2A.
Because he had done this for multiple days which prompted multiple calls to police. With or without the gun he should have been investigated for suspicious behavior near a school.
@@marshall104 why didn't someone else park right behind him and watch him if he was so suspicious?
It is not outside the realm of possibility that he was a bad bad guy and was really dumb.
Arresting ANYONE on made up charges and completely ignoring rights is a BAD BAD idea.
You and I could be next.
In TX all traffic infractions, except open container, are arrestable.
Why couldn't the cop just say, "Take that frame off. It's Illegal, and otherwise you are getting a ticket. Thank you. Have a nice day."?
He got arrested because he was refusing to comply with a traffic stop.
What if you live across the street? You just lose the second amendment because a 1000 ft rule?
yes thats the idea
that's their goal, but now, this is 100% Unconstitutional and illegal on the part of the gov. Gun free zone laws violate the constitutiona and are thus null and void.
What constitutes a "school"?
Does a church with Sunday school count as a school?
Does the home of a home-schooled child count as a school?
Legislation like this was proposed back in the 1980s. It failed muster then because the entire justification for the ban was premised on the Commerce Clause. The argument went that guns in a "school zone" contribute to a hostile learning environment. Thus kids, being in the general vicinity of a gun somewhere within a 1/4 mile radius, are too traumatized by the gun's presence to concentrate on their schooling. Thus, their academic performance suffers. And thus they are less likely to be accepted into college due to their gun-caused poor grades. And therefore will not be qualified to obtain lucrative employment once graduating school. And that means that the nation's GDP will suffer as these poorly educated kids will become substandard workers making a significantly (enough) worse contribution to the nation's economic success (and also will earn less taxable income to fund the government). And, as the Commerce Clause gives government unlimited power to regulate anything and everything that could possibly have any effect on the economy of the nation, Congress necessarily has the power to impose gun free zones around schools.
Courts ruled that this line of Commerce Clause reasoning is laughably ludicrous and voided the law as being an absurd interpretation of the Commerce Clause.
That, of course, has not stopped the gun control fanatics.
That's what Liberty Doll was talking about when she brought up the case in Montana.
This guy didn't. I get the conflation, but it seems like this guy was up to something.
The 1000-foot rule is bunk. I live within 1000 feet of school property. It's a maintenance facility that kids no longer are around. My daughter went to classrooms there when she was young, but all the classrooms were demolished, and only a gym and maintenance sheds still stand. I carry daily. Luckily, I live in a free state, so it's not a problem. But cops and courts could make it a problem. Laws like this are just traps to ruin law-abiding citizens' lives. I know nothing of the man in this case but unless more evidence is provided, I'm going to assume he got screwed just like the guy in Montana.
It's crazy how much of a mockery of a real justice system the US "justice" system really is.
Jewdicial system
Bringing Terrorism Charges after the trial sounds a bit FISHY to me.
Also unconstitutional.
I don't think she said he was charged with terrorism, they just presented a story that he was in order to influence the judge in sentencing.
you guys are ridiculous. He had just as much right to contest those allegations during sentencing as during the trial. Her theory that they possibly fabricated those allegations because they were not mentioned during the trial is just as stupid as your comment. if those allegations had been mentioned or even proven during trial, the trial results could be easily thrown out on appeal because those facts are obviously highly prejudicial to the jury and strictly immaterial to the matter in question. you guys don't even stop to consider the possibility that the guy is a known salafist, that maybe he indeed wrote a bunch of crap about wanting to shoot up a school, but the stupid gun free zone BS was unfortunately the best they could get him on
@@knuthamsun6106it seems the story found it's audience (you)
@@knuthamsun6106a salafist wouldn't have a weed grinder or harm children in any way. A salafist would ONLY engage active military to defend himself.
The whole scenario is squirrelly, from every angle.
honestly the whole 1000 feet from a school thing is BS. I live fairly close to a school luckly more than 1000 feet but there are houses across from the school and if god forbid one of the families decides to won a gun for home protection they become a felon if anyone where to report them. total bullshit in my opinion
Arrested for a plastic license plate frame.
it's a phony charge they used to illegally stop an armed jihadist who wrote that he wanted to kill a bunch of american kids
I'm with you on this, if there is evidence that this man was part of a plot to commit a terroristic act ... why were there no terror related charges? Where is the evidence and what was it?
There is a whole lot more to this case than what the media has reported.
Why would a grown man sit in front of a school that long??? Armed or not THAT’S an issue for me. I’m sorry. 😡
He was planning to attack the school.
The parking outside the school is creepy.
especially following his jihadist ramblings about killing american kids in revenge. her theory that they must have fabricated this because they didn't mention it at trial is stupid. Mentioning it would have been far too prejudicial to the matter at hand and would have gotten the trial results thrown out
I used to work with a retired cop. He told me he'd use something small like the license plate thing if he thought there was something more going on. He was a cop in California back in the 70's.
Was this guy suspicious? Sure. Is being suspicious in and of itself a crime? No, but it does tend to bring unwanted attention.
The thousand foot school rule needs to be set aside as unconstitutional. It doesn't make sense it's never made sense. It restricts free travel of law abiding citizens who are allowed to carry legally.
Actually the law does not restrict travel at all; it was applied here because after sitting on the side of the road for multiple hours, at some point he wasn't traveling. I don't think the courts have really decisively determined when traveling stops, but 5 hours of sitting parked is pretty clearly no longer traveling. I think 1,000' is insane though; however, in this case is was 40', under very suspicious circumstances.
@@andycole5957 so if you are a truck driver and you pull over on the side of the road to sleep for five hours, you’re no longer traveling and the cops can come arrest you because you keep a gun in your truck and the rest stop just happens to be within 1000 feet of a church that has a school attached to it?
@@Matt-yg8ub Pretty much, unfortunately; especially in the case of sleeping. Like I said, 1,000' is an insane distance. However... In the real world, first the truck driver would need to do something to get searched by cops, then officer discretion on actually charging for it, then the DA has discretion on prosecuting the charges or not, THEN a jury has to decide that a truck driver sleeping 950 yards away from a school was the intent of the law. Basically don't go to New York or California and your probably fine.
@@andycole5957 unless of course you’re an Arab American in Texas out-of-state plates from New York….. then you’ll spend five years in jail because you had a legal firearm in your car
Suspicious behavior. Obscured license. Failed to follow a cops lawful order. At that point any officer has probable cause, and dosen't need a warrant to search your car, or belongings.
Nonsense. A license plate frame is not PC for a search, nor is that an arrestable offense in the vast majority of the country.
@@OtisFlint I like how you ignored the other 2 reasons I gave for the probable cause. 🍒 Here's the cherry you picked. 😆 No one said that the license plate frame was the reason that the man got arrested either. 🤫 But she did say that it violated texas law, meaning they could arrest him IF they wanted to.
@@OtisFlint You are right, but that's not how it happened. His vehicle was in violation of state law. He was given warning and sufficient time to correct it. That gives them the right to tow the car to remove it from the public roadway till he corrects the issue. That allows them to search the car's plane view and inventory the contents in plane view. Additionally, he refused to cooperate, which is arrestable, and also gives a second reason to tow the car, as they can't just leave it illegally parked.
My back yard is literally an Elementary School. I own several firearms. So basically anyone who lives within that 1000' Zone would be in violation if they own firearms.
I just looked up my home town, using the center of the school (as I'm not exactly sure how they measured it), like half of it would be screwed if certain exceptions weren't made. It isn't a big town (like 2.6k people with few multi living structures), but just two schools (one being rather small) really would mess with most people. I grew up like 2 blocks away from the nearest school and even the farthest corner of that property is just barely within that limit. I could travel like literally another block or two and hit the other limit. Its insane people think that is acceptable. Especially in towns where a business may just be a block away from said school.
1,000 feet is ridiculous. That's 4 to 5 city blocks! My house is within 1,000 feet of a school. Does that mean I can never go to the range with my gun because I can't leave my house?
The Federal Gun-Free School Zones Act prohibits an individual from possessing a firearm within 1,000 feet of a school. However, there are several exceptions to this prohibition. The three most common exceptions are:
1. You have an unloaded firearm that is locked in a container or secured on a rack in your vehicle;
2. You possess a concealed carry license from the state in which the school is located. So, under federal law, a Concealed Weapon/Firearm License (CWFL) holder would be allowed to possess a firearm within 1,000 feet. But if that CWFL holder travels to another state, he or she would not be allowed within a thousand feet of a Texas school with a TX CWFL; or
3. You are on private property. For example, your house is located within 1,000 feet of a school.
Note: The Gun-Free School Zones Act (GFSZA) does not recognize constitutional carry or any form of permitless carry in a "school zone".
The Federal Gun-Free School Zones Act of 1990 was initially ruled unconstitutional by the U.S. Supreme Court in the case of United States v. Lopez on April 26, 1995. The Court found that the Act exceeded Congress’s authority under the Commerce Clause. However, the law was later amended to apply only to firearms that had moved in or affected interstate or foreign commerce. This would apply to just about any firearm.
Bad Government. Bad Law.
Did the police have guns within the "forbidden zone"? Then, technically, they were also in violation. "Equal protection of the law?"
I literally can't leave where I live without passing a school and I live in Texas. How am I ever supposed to carry a gun?
This is insanity!!!
The restriction doesn't apply to incidentally traveling past, so you're good. Just don't sit across the street 10 time for hours at a time and disregard police repeatedly investigating why you are there.
HMMM!! Why was he parked near the school for so long ? There is more to this story.
within 1,000 feet (a city block?) is not especially ‘near.’
We’re missing the details of what was actually close to where he was parked.
A lot of the background begs for a lot of questions.
But, he was arrested for a plastic license plate frame.
I lived 300 feet from an elementary school and owned guns. I carried my guns and ammo "California legal" in a locked box, in my camper shell. I often parked in the school parking lot to have lunch.
Without knowing more, I'm not so sure he wasn't up to no-good.
I don't believe this is a second amendment issue . If the DOJ believed this to be a terrorist act in progress and had the evidence to back it up, then this person should have been handled as an enemy combatant and treated as such. His actions were highly suspect and he should have been fully investigated.
I doubt there was that much thinking involved. Local PD got a bunch of calls, it seemed genuinely suspicious, so they found a minor infraction as a gateway to search the vehicle, and this is how it unfolded.
Unfair to get him to plead guilty and THEN tag on this other thing at sentencing. It's like getting him to plead guilty to a blank check (charge).
Seriously, why would a grown man park and sit in front of a school with a gun and ammo for hours at a time? Pretty sure these cops stopped a tragedy.
1000% and he was a muslim fanatic......who was mad at the killing of Al Qaeda leader, Ayman al-Zawahiri just days earlier.....
@@I_Like_Turtle390
This is a hard case that I'm afraid is going to make some very bad law.
It’s Texas, every third vehicle probably has a gun and ammunition, and anyone who parks anywhere for any period of time could be considered creepy by that definition
@@Matt-yg8ub not a muslim extremist that drove all the way from Brooklyn and had anti christian propaganda on his person.....foh
@@Matt-yg8ub I doubt you'll find many people who stop and sit in their cars for hours every day for weeks in the same spot anywhere. Even if I was somehow pressed to spend hours in my car every day, I'd change locations for a change of scenery.
what is this insanity
The "new normal"
he was hanging outside of a school, his plate frame is illegal
Texas law regarding weapons is car is clear. It is legal to have a firearm in your vehicle, even in the parking lot. That being the case, I’m not going to trust this clip. Maybe she believes what she says. Why would he sit there for that many hours if he’s innocent?
Congratulations on 300k subscribers! I love your channel!
I don’t know what this guy’s motive was for lingering by the school. The prosecution presented no evidence at trial to indicate he was a threat. EVIDENCE used to be the standard by which an individual was supposed to be tried & convicted/exonerated.
What I do know is when I went to high school in Georgia most of us carried a knife in our pockets and a hunting rifle or shotgun in our vehicles. No one was ever stabbed or shot. We also weren’t taking tons of antidepressants, antipsychotics, or ADHD meds & we all had a firm understanding of what our gender was. Correlation does not equal causation but it is something to consider.
This is the kind of person the cops should be watching, not violating his rights. Now, they won't know if he was part of a bigger plot. Cops too often take the lazy way out.
Can't imagine someone in gun free NY traveling to Texas to commit such a crime,
Marihuana is the legally accepted term based from the Marihuana tax act of 1937. Even though it was a state specific act, almost all court systems have adopted that spelling. Having written 100 plus search warrants, I have used this spelling on court documents. Also state labs that test marijuana for court refer to a positve test for marihuana.
Malicious prosecution plain and simple.
The law is abusable and meant to make legally transporting a firearm hard but that guy was being a total creep and might have actually been planning an attack
So you support what happened. Saved the day did they?
Like Liberty Doll, I’m stumped there too. Why sit outside of a school like that with a rifle? Of course there’s no actual evidence to support he was planning a terroristic attack, but still…
Ever heard of innocent until proven guilty? If they thought he was actually planning something, they should have assumed probable cause and got a search warrant. It sounds like he parked there several times so it's not like they didn't have a chance to get a warrant.
If theybused Creative License to catch this guy. Odds are 100 to 1 they have done it before and will do it again.
Odds are also high that someone will be innocent.
Do you want to risk letting any LE have unlimited authority?
Hard Pass.
I'll keep the Constitution thank you.
@@shred1894 Spot on!
From what you said his rights were absolutely violated. If they had evidence he was plotting something they would have charged him. Instead what it sounds like is he was parked, and minding his own business when a bunch of Karens decided being parked was suspicious. Police trumped up a license plate obstruction to an arrestable offense, when it should be a ticket at worst, and used it as an excuse to search his property without a warrant. Why he was parked there really doesn't matter unless they can prove any of those allegations they made about him, and once again if they could those would have been charges.
ARs are illegal in NY.
Where did he legally buy an AR if he was a NY resident?
Long cans can be bought in neighboring states, IF they are legal in your state.
No registration rules in Texas though. Wonder if he bought in Texas, as Non-Resident? That would have been a better rap than a license plate frame and failing to roll down the window.
@@joenunya8449that is not true, you can’t be arrested for purchasing something in State A that is illegal in State B, if you’re still in State A. AR15s are also not banned in New York, that would be unconstitutional.
@@joenunya8449 He wasn't in NY though, and texas doesn't enforce NY law. It also doesn't matter where he bought it as the search itself was illegal.
Nobody is free anywhere. Texans even think they are free.
Texans ain't bright.
@@alexm7777 Americans on both sides of the political spectrum are stupid.
Of all places why would he go to Texas?
I can't walk thru the elementary school playground I attended as a child and still reside on the same street I grew up on.
As a citizen of the United States I reject this form of legal abuse toward the common citizen.
Calm down. you're not getting the entire story
Contacted by police multiple times, no sympathy, park somewhere else.
People get less in most big cities for armed robbery
"fear and concern" like the traitors we have in office? what is the judge's name and "affiliation"?
Oh, his rights were violated. The 4th and the 2nd.
Why back the blue?
They are the Boots That Tread.
Sensible gun owners don't. They get all salty about BLM, but that's what their favorite slogan, "don't tread on me" actually looks like.
Anything to go after lawful people.
just say "take children's lives" I don't think that will be censored
I am still waiting for the 14A ruling about the NM Anti-Gun group that created SBR’s in violation of the NFA and then brought them into a High School to be handled and further destroyed by under age children do hard time. So, a good lawyer can argue that if some people can scofflaw and face zero consequences, so should everyone else.
The question is WHY WAS HE HANGING OUT THERE I don't agree with gun free zones as a rule. But why was he there to begin with?
50 bucks says he was using the wifi for work.
Using wifi to job hunt. LOL.
Banana republic.
Kangaroo courts.
@@shred1894 And an Elephant never forgets
Ahmed Allam? New York? Parked for five hours outside of a Catholic school? Very hinky.
Yeah, these anti cop people are ignoring all that.
You got to wonder why he was parking in a school zone for so long and frequently. Sounds really creepy to me. They put him away for anything they could. I don’t blame them.
so if you just randomly happen to get pulled over in a school zone and have a gun you could be committing a felony? that makes no sense.
why would a guy travel that far and then sit outside a school? he needs to answer that first.
No he doesn't.
A New Yorker in Texas acting odd around s parochial school? That's probable cause right there. Book him Danno.
When you start with a him sitting across the street and watching a school for many days I'm already thinking something is wrong. A few other details in there where also red flags. I'm very pro 2A but without knowing anything else it sounds as sketchy as a couple of large buildings falling around the same time.
It’s definitely sketchy. A crime may well have been prevented. I don’t know that his rights were technically violated, the way the statutes are written and the courts interpret them, apart from arms restrictions generally being a violation of 2A. Incidents like this facially validate bad laws that punish law abiding citizens more than criminals.
Not with you on this one.
Proving he violated the proximity rule is a lot easier than proving terrorist motive… even if they’re quite sure one exists.
Couldn't this possibly be racial profiling? Sounds like it to me.
Racial profiling works.
I think the behavour of parking near and observing a school makes it behavioral profiling.
If you have a CCL in Ohio, you can park your car in a school lot as long as the gun is locked up and the car is locked. Common sense.
Sounds kinda terroristy though
Congratulations on 300k subscribers. Eagerly waiting to vote for you for the Gundies again this year
His behavior is very suspicious and I'm gonna say it, his name raises concerns of a lone terrorist plot. I'd like to know more of his background and if he is ideologically driven.
Unbelievable
Believe it or not this is your country.
This school in Beaumont, Texas is in a mostly industrial area and 1200 feet from a set of Railroad tracks. I have to ask if it is a possibility that he was doing some sort of security work or if he is a Bounty Hunter working for a bond company in New York? Some police departments have a serious dislike of Bounty Hunters from other states coming into their area.
We just don't have enough info on this case.
Just say redrum for the "M" word.
So, if I get pulled over for 5mph over the limit, and stop within 1000 feet of a school, it's a felony?
I am a gun owner, and would be creeped out by some guy sitting in his car for 4-6 hours outside a school, gun owner or not. If the terrorist stuff is proven, he deserves what he gets and he ain't getting sympathy from me. Five years seems rather steep to me. Gun free zones are a complete joke. This guy got picked up in a normal neighbourhood but a 20 year old kid with a gun climbing the roof near a former president who is running again - somehow he is left alone. I don't get it.