Apparently Superintendents are above the law

[Guest WyattEarp]

apparently the Superintendent at a Hardin County, TN school thinks he's special and can do what he wants. Even worse, the prosecutor decides not to press charges even though the law was clearly and deliberately broken. Anyone else, or someone on this forum, or an HCP elsewhere, we'd be in jail and charged with a crime.

Why is it that prosecutor's are allowed to give preferential treatment to who they choose?

http://www.courieranywhere.com/news-menu/local-news-menu/4146-da-declines-to-prosecute-superintendent-for-carrying-gun-on-school-property

[sigbrown1297]

So according to the DA, as long as its holstered and you don't brandish it in an offensive or defensive manner, its okay to have guns on school grounds??????

[Guest WyattEarp]

So according to the DA, as long as its holstered and you don't brandish it in an offensive or defensive manner, its okay to have guns on school grounds??????

that sounds like a copout to me. I don't see how that's a legal defense to prosecution. I wouldn't be surprised to find out that this fella and the prosecutor go to church together or are high school buddies or something similar, and that he's just going to look the other way and let it slide.

[Guest 270win]

It is a dumb law. I am glad the guy didn't get in trouble if he is an otherwise decent person. It is nice to see prosecutors not enforce such a stupid law.

[Guest mcgyver210]

It is a dumb law. I am glad the guy didn't get in trouble if he is an otherwise decent person. It is nice to see prosecutors not enforce such a stupid law.

Why not go & try the same exact thing this Super did & see if the same DA lets you off, I would be willing to bet you wouldn't even have left the property without a new sat of bracelets. Can we say Conflict of interest, Corruption, Favoritism etc etc?

[Dolomite_supafly]

No matter how stupid we think the law is it is still a law. And that law must be enforced regardless of who breaks it. And think about this, from now on anytime someone does enter these school grounds, or perhaps any school grounds, armed they can use this ruling as precedent to have their charges dismissed. Probably a good thing as I do not believe the current law protects anyone. If they really wanted to protect the children and stafff they would allow the staff to carry in a safe, yet easily accessible, manner.

Dolomite

[Fallguy]

I would like to know more how the DA came to the conclusion that a school superintendent falls into the exceptions in the law.

DAs do have discretion, that said this DA is the same one that has used seized property for his personal use. There have been a couple of inditments of members of the 24th Judicial Task Force...it's hard for me to believe he hasn't been indited yet....

[JayC]

No matter how stupid we think the law is it is still a law. And that law must be enforced regardless of who breaks it. And think about this, from now on anytime someone does enter these school grounds, or perhaps any school grounds, armed they can use this ruling as precedent to have their charges dismissed. Probably a good thing as I do not believe the current law protects anyone. If they really wanted to protect the children and stafff they would allow the staff to carry in a safe, yet easily accessible, manner.

Dolomite

If they really wanted to protect, they'd let any law abiding citizen to carry anywhere they wanted, with the exception of secured areas jails/prisons, and maybe courtrooms.

This is not case law, no judge ruled on this... So it won't help anybody else.

This is a perfect example of the corruption and favoritism in our current legal system.

[JayC]

I would like to know more how the DA came to the conclusion that a school superintendent falls into the exceptions in the law.

DAs do have discretion, that said this DA is the same one that has used seized property for his personal use. There have been a couple of inditments of members of the 24th Judicial Task Force...it's hard for me to believe he hasn't been indited yet....

I can tell you from reading between the lines... His job responsibilities include the security of the schools and the students, and they used the private security loop hole... I know that requires a 15 feet one legged jump to get from reality to there, but my bet that is the 'working legal theory' on the matter.

[Lumber_Jack]

I can tell you from reading between the lines... His job responsibilities include the security of the schools and the students, and they used the private security loop hole... I know that requires a 15 feet one legged jump to get from reality to there, but my bet that is the 'working legal theory' on the matter.

These were my thoughts exactly. it's a stretch but I'd say that the loophole.

[DaveTN]

Why is it that prosecutor's are allowed to give preferential treatment to who they choose?

You call it preferential treatment; they call it discretion. You can put whatever name on it you want but I can absolutely assure you that you don’t want it taken away.

If the Deputy felt that strongly about it he should have taken him into custody right then. He didn’t. The guy got a warning and he said he wouldn’t do it again…. End of story.

[analog_kidd]

I'm glad he didn't get in trouble, and I would hope that would be the case with any of us too. The real test will be when another stand up, never had a run in with the law, regular guy who forgot he had a gun on does the same thing. They should get the same dose of discretion.

[Guest TresOsos]

'Good Ole Boys Club" in action. I think the current law is bad but it should enforced equally.

[Tuffus]

I don't know if the DA, Hansel McCadams is his buddy or not but check this out. Adds a bit of understanding why he is so lenient.

[Trekbike]

I don't know if the DA, Hansel McCadams is his buddy or not but check this out. Adds a bit of understanding why he is so lenient.

Unbelievable.

[Guest 6.8 AR]

Nah, there ain't no bad cops out there. Don't post that rubbish.

[Guest 270win]

I am glad there are some prosecutors in this state that realize how dumb charging an otherwise decent person with a felony charge is a waste of time. This is one of the dumbest points of TN weapons law that a decent person who has a license has no legal out on school property. What is the point of a license when you can still get fined? A license is supposed to keep you from getting fined. I totally understand why a lot of people, especially older people, never mess with getting a license when you can still get hassled by the law AFTER you've been checked out, paid your fees to the state. Some of these licenses aren't worth the paper/plastic they are printed on.

As bad as my home state Arkansas is on weapons, at least there are a couple 'defenses' I can fall back on and never even have a license to carry a weapon, even at schools. Tennessee has none and that is a joke.

Edited December 24, 2011 by 270win

[hornett22]

The arrogance of today's civil servant is mind boggling!

[DaveTN]

If I read that story right the Deputy made an observation, he informed the Sherriff, the Sherriff gave the information to the DA, and the DA told him not to do it again and dropped it.

Is that not how we want it handled? Should we be pizzed off because he wasn’t cuffed and hauled off to jail? How did this become a “Bad Cop†issue?

Do I think I could walk into that same school carrying and get a warning instead of being arrested? Probably not, but one can hope.

[Guest mcgyver210]

If I read that story right the Deputy made an observation, he informed the Sherriff, the Sherriff gave the information to the DA, and the DA told him not to do it again and dropped it.

Is that not how we want it handled? Should we be pizzed off because he wasn’t cuffed and hauled off to jail? How did this become a “Bad Cop†issue?

Do I think I could walk into that same school carrying and get a warning instead of being arrested? Probably not, but one can hope.

Dave sorry you are living in a Fantasy World if you really believe that is how it would have gone for a regular HCP carrier. Government & its cronies are not our friends in situations like this. They will take every oprotunity they can to discredit an HCP holder as long as they aren't one of their own.

Dave I know lately we aren't agreeing on much but I still respect your opinions.

P.S. Not a BAD COP issue IMO but maybe BAD DA or good ole boys club at least.

Edited December 25, 2011 by mcgyver210

[DaveTN]

Dave sorry you are living in a Fantasy World if you really believe that is how it would have gone for a regular HCP carrier. Government & its cronies are not our friends in situations like this. They will take every oprotunity they can to discredit an HCP holder as long as they aren't one of their own.

Dave I know lately we aren't agreeing on much but I still respect your opinions.

P.S. Not a BAD COP issue IMO but maybe BAD DA or good ole boys club at least.

If I were a school resource Officer and I noticed you were carrying (printing, whatever) while in there for something to do with your kid, I would quietly ask you step outside and I would remind you of the law. If you said you didn’t know you couldn’t carry there, or forgot you were carrying; I would just ask that you make sure it doesn’t happen again. I think most of the cops I know would do the same thing as long as no one else saw it or had complained.

We didn’t have carry permits where I was a cop, but we let a lot of stuff slide when we could. Most of the cops I knew were pro-gun and wanted our state to adopt carry laws. I know that’s not the popular consensus around here, but it’s just my observation from having been a street cop. I have only had the opportunity to talk to a couple of Tennessee cops, and we talked about carrying past a sign. They said they would simply ask people to leave, and arrest them if they refused; but they said they had never had an HCP holder refuse to leave.

I understand that a school is a whole other issue, especially if the Resource Officer has been approached by a freaked out soccer mom, teacher, or a 911 call has been made.

I’m on a gun forum on the internet…. Of course its a fantasy world.

[Fallguy]

I can tell you from reading between the lines... His job responsibilities include the security of the schools and the students, and they used the private security loop hole... I know that requires a 15 feet one legged jump to get from reality to there, but my bet that is the 'working legal theory' on the matter.

More like 30 feet....

I wonder what constitutes "private police" for the purpose of 39-17-1309? Because he wasn't acting as a security guard, because it says they have to meet the requirements of Title 62, Chapter 35.

[Fallguy]

I'm glad he didn't get in trouble, and I would hope that would be the case with any of us too. The real test will be when another stand up, never had a run in with the law, regular guy who forgot he had a gun on does the same thing. They should get the same dose of discretion.

I could be wrong...but I strongly feel that had it been just about ANYONE else..at least for sure anyone not associated with the school system, they would have been arrested on the spot.

Now...if the case was that any HCP holder did the same thing and the same thing happend...then fine.

[Fallguy]

I am glad there are some prosecutors in this state that realize how dumb charging an otherwise decent person with a felony charge is a waste of time. This is one of the dumbest points of TN weapons law that a decent person who has a license has no legal out on school property. What is the point of a license when you can still get fined? A license is supposed to keep you from getting fined. I totally understand why a lot of people, especially older people, never mess with getting a license when you can still get hassled by the law AFTER you've been checked out, paid your fees to the state. Some of these licenses aren't worth the paper/plastic they are printed on.

As bad as my home state Arkansas is on weapons, at least there are a couple 'defenses' I can fall back on and never even have a license to carry a weapon, even at schools. Tennessee has none and that is a joke.

If the DA didn't charge him because he thought the law was bad, I'd be jumping for joy... But he didn't charge him because of who he is, not because he thinks a stupid law.

As JayC pointed out....the DA had to come up with some real first class legal loophole wrangling to justify not charging him.

[Fallguy]

If I were a school resource Officer and I noticed you were carrying (printing, whatever) while in there for something to do with your kid, I would quietly ask you step outside and I would remind you of the law. If you said you didn’t know you couldn’t carry there, or forgot you were carrying; I would just ask that you make sure it doesn’t happen again. I think most of the cops I know would do the same thing as long as no one else saw it or had complained.

Dave I am glad you would handle it this way, but I really don't think too many others would. Mainly because it is a felony I think. Of course we know your a bit different already...you didn't ask to search unless you already had PC to do so, but there are others that just go fishing...

We didn’t have carry permits where I was a cop, but we let a lot of stuff slide when we could. Most of the cops I knew were pro-gun and wanted our state to adopt carry laws. I know that’s not the popular consensus around here, but it’s just my observation from having been a street cop. I have only had the opportunity to talk to a couple of Tennessee cops, and we talked about carrying past a sign. They said they would simply ask people to leave, and arrest them if they refused; but they said they had never had an HCP holder refuse to leave.

Good deal....but I think that is mainly because this is a misdemeanor. ...and I do think anyone that didn't leave should be charged.

I understand that a school is a whole other issue, especially if the Resource Officer has been approached by a freaked out soccer mom, teacher, or a 911 call has been made.

No doubt.

I’m on a gun forum on the internet…. Of course its a fantasy world.

LOL