roseblood wrote:Not that I have much to say here, but this could be RAS:
"The person had a visible firearm on their person, it is against federal law to have a firearm within 1000 ft of a school. The person is likely to be in violation, but may be exempt."
While I could see this passing the RAS test. I still feel that a simple inquiry, without detention, would achieve the same results without the legalities being expressed here.
Exactly. It is Illegal to have a firearm within 1000ft of a school. A very small subset of the population (less than 9% according to the sources i quoted a few pages ago) has a "get out of jail free card" in the form of a CFP that provides them an exemption to that law. But which is the more reasonable (and not just according to the people here who may be biased, but reasonable to the average person on the street) course of action when you see someone with a gun in a school zone.... assume that anyone you see with a gun there is among the <9% of the population who is exempt from the law, or to assume that the person is not exempt, and stop them to verify this?
Heres a real world analogy that may be more relevant than the CDL or other examples that have been used.
Lets say youre a LEO, and youre doing a patrol of a residential neighborhood at 2am, and you see someone who appears to be breaking into the front window of a home. Which is the more "reasonable" assumption ?
A) The person is probably committing a burglary
B) The person is the rightful owner of the home, who just got dropped off at home by his buddies after a night on the town, only to discover he forgot his keys, and therefore has to break into his own house.
Just as with a gun in a school zone, its entirely possible that the person is committing no crime (because as the homeowner he is exempt from the law against breaking and entering, just as someone with a CFP is exempt from the law against carrying a gun in a school zone), but the odds are probably higher that they are. You as the LEO have no way of knowing which is true without stopping them to ask a few questions. Try to step outside your libertarian shell for a moment, and look at it objectively. If an LEO has RAS to stop the guy breaking into a house at 2am, he has RAS to stop someone carrying a gun in a school zone.
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