Amarillo teen arrested for possession in school parking lot

[joe817]

As in many cases of first reports, there's more than meets the eye:

"A tip led Amarillo police to find two handguns, one bulletproof vest, one baton and drug paraphernalia at 11:30 a.m. in a student’s vehicle on the Tascosa High School campus, at 3921 Westlawn Ave., police said."

http://www.amarillo.com/stories/021710/ ... pons.shtml" onclick="window.open(this.href);return false;

We don't know what we don't know. I'd be interested in seeing follow up articles.

[Sewer_Ice]

This would have to be tried in a federal court, and a FEDERAL law enforcement division (ATF) would have to bring the charges. The 1000' gun safe zone law your referring to IS federal, and to my knowledge the state of Texas has no laws pertaining to schools.

HOWEVER, now that drug paraphernalia has been involved the motor vehicle protection act NO LONGER applies, as he is currently commiting a crime, and possibly on his way to commit a crime if he was selling the drugs...

Wonder how this pans out, kid is expelled for sure though.

[The Annoyed Man]

An Amarillo teen remains jailed after police say they found two unloaded handguns, a bulletproof vest and a baton in his vehicle at a high school.

An armed twirler? What's this world coming to?

This is what I'm saying...

[HGWC]

This would have to be tried in a federal court, and a FEDERAL law enforcement division (ATF) would have to bring the charges. The 1000' gun safe zone law your referring to IS federal, and to my knowledge the state of Texas has no laws pertaining to schools.

HOWEVER, now that drug paraphernalia has been involved the motor vehicle protection act NO LONGER applies, as he is currently commiting a crime, and possibly on his way to commit a crime if he was selling the drugs...

Wonder how this pans out, kid is expelled for sure though.

The original article implied he was arrested for possession in a prohibited place 46.03. Even if he was engaged in criminal activity, he couldn't be convicted under 46.03. The parking lot is not a prohibited place. They could charge him under 46.02 for unlawful carry, but they'll have to prove he was engaged in criminal activity. If they stopped the kid while he was in control of the car, they might be able to make that case. If on the other hand, they pulled the kid out of school and searched his unoccupied and unattended car, they may have a hard time proving he was in possession of drug paraphernalia.

I suspect a good defense attorney will make mince meat out of this whole thing. The illegal possession under 46.02 is a Class A misdemeanor, and the paraphernalia is a Class C misdemeanor. Yet, they're putting a 17 year old up on a 3rd degree felony for possessing a gun in a place that's not prohibited. This is all about harassment over possession in a school parking lot, which isn't illegal.

[PetrucciFan]

Charges were dropped
http://www.amarillo.com/stories/021910/new_news6.shtml

Authorities on Thursday afternoon dropped weapon charges against a 17-year-old who was accused of bringing guns into the Tascosa High School parking lot the day before, Amarillo police announced. Police said the 47th District Attorney's Office determined it could not prosecute the teen for possession of a weapon in a prohibited place because the Texas Penal Code's definition of a "prohibited place" does not include a parking lot or parking area.

The two unloaded handguns, a bulletproof vest, a baton and drug paraphernalia were reportedly found in a vehicle parked at the school located at 3921 Westlawn Ave.

Though the charges were dismissed, the teen remained in the Potter County Jail on Thursday night on two misdemeanor charges: minor in possession of tobacco and possession of drug paraphernalia, jail officials said. Bond has been set at $500 on each.

[5thGenTexan]

Ok the fine upstanding young man is off of the weapons charge from PD.

Just wondering why a high school student out there would need a bullet resistant vest, a couple of handguns, and an Asp. Looks more like the trunk loadout of an offduty officers car except for the drug paraphenalia.

If he was headed for school at certain locations in DISD or FWISD the vest might be a good idea.

[chabouk]

Charges were dropped
http://www.amarillo.com/stories/021910/new_news6.shtml

Called it.

Though the charges were dismissed, the teen remained in the Potter County Jail on Thursday night on two misdemeanor charges: minor in possession of tobacco and possession of drug paraphernalia, jail officials said. Bond has been set at $500 on each.

Wait, what? Jail with $500 bond on each count?

Possession of tobacco products by a minor (Health and Safety Code 161.252) has a maximum penalty of a $250 fine.

Possession of drug paraphernalia is HSC 481.125:
Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.
(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
...
(d) An offense under Subsection (a) is a Class C misdemeanor.

So you've got a Class C, and an offense with a maximum $250 fine. The fact that he's still in jail means they're determined to punish him no matter what else happens.

Here, have a hankie and wipe that egg off your face, officers.

[Keith B]

Charges were dropped
http://www.amarillo.com/stories/021910/new_news6.shtml

Called it.

Though the charges were dismissed, the teen remained in the Potter County Jail on Thursday night on two misdemeanor charges: minor in possession of tobacco and possession of drug paraphernalia, jail officials said. Bond has been set at $500 on each.

Wait, what? Jail with $500 bond on each count?

Possession of tobacco products by a minor (Health and Safety Code 161.252) has a maximum penalty of a $250 fine.

Possession of drug paraphernalia is HSC 481.125:
Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA.
(a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.
...
(d) An offense under Subsection (a) is a Class C misdemeanor.

So you've got a Class C, and an offense with a maximum $250 fine. The fact that he's still in jail means they're determined to punish him no matter what else happens.

Here, have a hankie and wipe that egg off your face, officers.

Probably a misquote by the paper. I will bet $500 total.

[budroux2w]

Just wondering why a high school student out there would need a bullet resistant vest, a couple of handguns, and an Asp. Looks more like the trunk loadout of an offduty officers car except for the drug paraphenalia.

I was wondering the same.

[joe817]

Just wondering why a high school student out there would need a bullet resistant vest, a couple of handguns, and an Asp. Looks more like the trunk loadout of an offduty officers car except for the drug paraphenalia.

I was wondering the same.

Same here. The first thought that popped into my mind "another Columbine in the making?"

[KD5NRH]

The only exception to this act is to have a CHL issued by the state in which the school is located.

Not quite: there's also an exception if the guns have not traveled in interstate commerce. Slim chance, but it would be an exception.

[KD5NRH]

I notice they're also being careful not to mention just what sort of drug paraphernalia was found.

I'm betting a lot of people have something in their home, car, or pocket right now that could be construed as such.

[hirundo82]

I notice they're also being careful not to mention just what sort of drug paraphernalia was found.

I'm betting a lot of people have something in their home, car, or pocket right now that could be construed as such.

Wanna bet it was a pipe for the tobacco they also found? A surprising number of younger people ore taking up pipe smoking.

[tacticool]

Wanna bet it was a pipe for the tobacco they also found? A surprising number of younger people ore taking up pipe smoking.

Is there still a big tax difference between pipe tobacco and manufactured cigarettes?

[hirundo82]

Wanna bet it was a pipe for the tobacco they also found? A surprising number of younger people ore taking up pipe smoking.

Is there still a big tax difference between pipe tobacco and manufactured cigarettes?

I seem to recall an effort to close the gap a few years ago (by raising the tax on the lower-taxed items of course), but I don't know.

I'm not a smoker, but my two younger brothers (mid-20's) both smoke from time--one smokes a pipe, the other cigars.