Car Knocker wrote:Sure, the police can lie about a MWAG call. But, in turn, the person stopped has the option of filing a GRAMA request for a recording or a transcript of the call (I'd guess the personal information about the caller would be redacted). If it turned out that there was no call, there are legal options available to the person who was illegally stopped.
UtahJarhead wrote:Someone calling MWAG is not RAS, either. I still point you back to Lund vs SLC which is exactly what happened there, if I remember correctly.
Regardless of what someone calls in, merely having a gun is not RAS. If someone had called and said "and they are waving it around and pointing it at the students", then they've got RAS to stop/detain.
By itself, mere possession of a firearm in public is not unlawful and may well represent the exercise of a fundamental constitutional right guaranteed by the Second Amendment to the United States Constitution and Article I, §6 of the Utah Constitution (recognizing the “individual right of the people to keep and bear arms for security and defense of self, family, others, property, or the state, as well as for other lawful purposes,” subject to the power of the Legislature to define the “lawful use of arms.”). Se e Distric t of Columbia v. He lle r, 128 S. Ct. 2783, 2799 (2008) (“There seems to us no doubt, on the basis of both text and history, that the Second Amendment conferred an individual right to keep and bear arms.”);
DaKnife wrote:Enter a school zone and you've broken the federal law. You have a CFP which acts as a stay out of jail card. The officer has RAS.
Re-read Lund. I read it last night.
DaKnife wrote:I fail to see how you can come to that conclusion. It does not compute. The Federal code say's it's a felony to have a firearm within a school zone. How is not a crime to have a firearm within a school zone?
DaKnife wrote:Yes the CFP gives us the stay out of jail card, but it's still a federal crime until that status is determined.
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