Newsgroups: talk.politics.guns From: [W--TF--L] at [HOLONET.NET] Subject: CA vs. SCOTT - UPDATE! Date: Mon, 19 Jul 1993 20:39:59 GMT UC BERKELEY STUDENT MAY GET 2-4 YEARS FOR FIREARMS POSESSION David Scott, a Political Science major and student government senator at the University of California, Berkeley, may receive a mandatory prison sentence for keeping a firearm in his home, an off-campus apartment owned by the Regents of the University of California. Section 626.9 of the California State Penal Code states, in pertinent part: Any person who . . . brings or possesses a firearm upon the grounds of any public school, including the University of California, . . . without the permission of the school district superintendent . . . or equivalent school authority, shall be punished by up to one year imprisonment and/or fined up to $1,000. Scott, a military veteran, kept a Glock pistol which he used for target shooting at nearby firing ranges. When his housemates alerted the housing authorities to the presence of the firearm, University Police obtained a search warrant and seized the gun from Scott's bedroom dresser drawer. Initially charging him with a misdemeanor, the District Attorney's office recently "realized" that a 1988 amendment to the penal code makes this offense a felony and upgraded the charge accordingly. Scott kept the gun in his apartment believing that this right was protected by the Second and Fourteenth Amendments, and section 12026 of the California State Penal Code which states: [A]ny citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state . . . shall not be prohibited from owning, possessing, keeping or carrying, either openly or concealed, anywhere within the citizen's or legal resident's place of residence . . . any pistol, revolver, or other firearm. . . . The University of California is not interested in the case, but District Attorney John Meehan is prosecuting Scott under Section 626.9, interpreting the "grounds of any public school" to include all the property owned by the University of California, including off-campus facilities. Scott's attorney, Dana Drenkowski, provided evidence that the statute prohibiting firearms on "the grounds of any public school" was originally added to the penal code in order to prevent the Black Panthers from bringing loaded weapons onto the main campus. Even after Drenkowski had demonstrated that section 626.9 was never intended to be understood to apply to off-campus facilities, Judge Julie Conger denied the motion to dismiss, without stating any justification for her decision. The District Attorney has chosen to use his limited funds to prosecute Scott, who has no criminal history, instead of the violent and drug offenders in Berkeley and Alameda County. If the appeal of this decision is not won the case will go to trial and Scott will face a mandatory prison sentence for posessing a firearm in his California home. As this case progresses, it will become very expensive to fight. If you believe in the Second and Fourteenth Amendments, David Scott needs your support. Please contribute to: David Scott Legal Defense Fund C/O Dana Drenkowski 195 9th Ave. #11 San Francisco, CA 94118 Letters to the District Attorney can be sent to: John Meehan* District Attorney 2120 Martin L. King Jr. Way #105 Berkeley, CA 94704 (510) 644-6683 *Barbara Foo, Deputy District Attorney is handling the case. David Scott can be reached at (510) 540-6629 if you have questions or suggestions for legal recourse. You may also respond to Derek Westfall, [w--tf--l] at [holonet.net] and your comments and questions will be passed on. --- _ WinQwk 2.0b#0 _ Unregistered Evaluation Copy