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View Diary: Stand Your Ground Law PROHIBITS Trayvon's Parents from Suing Zimmerman For Wrongful Death (206 comments)

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  •  Dolly... has the revised version of the 1990 (9+ / 0-)

    Gun Free School Zone Act been ruled unconstitutional?

    If not and if that law is still in place, does that act not void the fallback excuse of self-defense?

    Trayvon was murdered less than 300 feet from an elementary school. According to that Gun Free School Zone Act, no one except law enforcement can carry a gun within 1000 feet of school grounds.

    That self-defense law may not be the final arbiter of this case.

    One may live without bread, but not without roses.
    ~Jean Richepin
    Bread & Roses

    by bronte17 on Tue Mar 27, 2012 at 10:12:01 AM PDT

    [ Parent ]

    •  Interesting new twist. Thanks for that! eom. (3+ / 0-)
      Recommended by:
      Shadowmage36, bronte17, kyril

      What a Police State Looks Like: "On one side: soft human flesh, unprotected human skulls, cardboard signs, slogans they chant, armed with belief in 1st Amendment rights. On the other: helmets, body armor, guns, batons, chemical weapons." -- JanetRhodes

      by YucatanMan on Tue Mar 27, 2012 at 10:47:13 AM PDT

      [ Parent ]

      •  heh... you're welcome. :^) (2+ / 0-)
        Recommended by:
        kyril, YucatanMan

        Glad to see that someone has an interest. I thought it was important. But, no one has an answer to the question yet.

        The closest thing I have found to an answer is on this Business & Law site (International Business Times) and I have no clue as to their political slant.

        Although there are a handful of federal gun control laws on the books, there currently is no national law that strictly forbids the self-defense justification of Stand Your Ground.

        In fact, there is no federal law generally prohibiting the carrying of firearms by U.S. citizens for protection or other lawful purposes, aside from the limited exceptions outlined in the Federal Gun-Free School Zones Act of 1990. Only two regions -- Illinois and Washington, D.C  -- prohibit individuals from carrying guns on their person. However, the open carrying of firearms without a licensing requirement is legal in 31 states, although some of those states require licenses for the carrying of concealed weapons.

        And, after using the satellite on google maps, it does appear that Trayvon died less than 300 feet from the grounds of that school.

        One may live without bread, but not without roses.
        ~Jean Richepin
        Bread & Roses

        by bronte17 on Tue Mar 27, 2012 at 11:12:57 AM PDT

        [ Parent ]

    •  United States v. Lopez (2+ / 0-)
      Recommended by:
      DollyMadison, VClib

      ruled the Gun Free School Zone Act unconstitutional.

      The terribly ironic thing is that Lopez is currently being used to argue against health care, as it was a limit on Congress's power under the Commerce Clause.

      •  My mistake... (1+ / 0-)
        Recommended by:
        white blitz looks like the Act was revised subsequent to Lopez.

        So long as Zimmerman's gun moved in interstate commerce (there's very little chance it didn't), he violated the act if he was in a school zone.

        But I tend to think that has no bearing on his self-defense claim.

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