Sec. 8922 Policy regarding criminal justice system referral
(a) In general
No funds shall be made available under this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency."
There IS discretion. They could have "referred" him to the truant officer, and directed him to tell the kid "be more careful next time, OK?"
This is a shakedown, period.
Sec. 8922 Policy regarding criminal justice system referral
(a) In general
No funds shall be made available under this chapter to any local educational agency unless such agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by such agency."
Indeed, there is a zero-tolerance law involved. But not that one. The article did mention those armed police officers who responded to the school and arrested Adam Liston....
Title 18 United States Code; U.S. Criminal Code, Section 242; -
Deprivation of rights under color of law:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death
U.S. Constitution; Amendment II:
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
United States Code, Title 10, Section 311.
- Militia: composition and classes:
(a)
The militia of the United States consists of all able-bodied males at least 17 years of age and, except as provided in section 313 of title 32, under 45 years of age who are, or who have made a declaration of intention to become, citizens of the United States and of female citizens of the United States who are members of the National Guard. The high-schooler purchased a shotgun, legally, for his 18th birthday. Being an avid sportsman, he enjoyed shooting before and after school and during lunch breaks, off campus.
United States Code; U.S. Criminal Code, Section. 241.
- Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured - They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death
Good thing noone was actually harmed by the armed police or the school administrators when they conspired to deprive Adam Liston of his constitutional right and obligation as a member of the Militia of the United States under Federal law, or they could be facing the death penalty; and as charged felons, any citizen could use such force necessary to effect their arrest and take them into custody. Unfortunately for them, however, federal sentencing guidelines will require the maximum sentences should they be so convicted, since the police involved used weapons in the commission of that violation of Liston's civil rights. And there is no parole in the federal penal system... but at least they're not looking at a gurney and a needle. Yet.
They want zero tolerance? Okey-fine.