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Woman Arrested for Protecting Children from Snake

Who would have thought that it would be illegal to defend children from a poisonous snake?

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This is where the insanity of extreme gun restrictions have brought us.

In Florida, a mother was at a school event during a football practice session.  A water moccasin was discovered on the practice field, but attempts to kill it with sticks were not successful.  From newsherald.com:

April Dawn DeMarco, 30, was arrested for discharging a .380-caliber handgun on the practice football field of Bay High School, 300 E. 15th St., during practice last week for the local Pop Warner football team. Demarco apparently borrowed the pistol from Miren Gregory, 31, to protect nearby children after a group of parents found a water moccasin on the field, police reported.

Coaches and parents told the children to get out of the area after finding the moccasin. Gregory told DeMarco she had a concealed carry permit and a handgun after some of the coaches tried to kill the snake by hitting it with sticks.

Dawn DeMarco

Dawn DeMarco

Snakes can be difficult to kill with a stick, if there are obstacles nearby.  As this was a football practice field, the snake may have been hiding under equipment on the field.  From personal experience, I can say that a firearm is often the only means to stop the threat from a poisonous snake that is in a semi-concealed position.   You do not want the snake to escape from view and remain in an area frequented by children.   It is like allowing a living land mine on the school grounds.

Here is where the law gets crazy.  Even if a person has a concealed carry permit, it is illegal to possess a firearm on school grounds during a school related event.   The penalty is a misdemeanor.  From statute 790.06(12):

(d) Any person who knowingly and willfully violates any provision of this subsection commits a misdemeanor of the second degree,

It is illegal to discharge a firearm on school grounds, but  there is an exception for using a firearm in defense of self or others.  From statute 790.115 2.(d)

(d) A person who discharges any weapon or firearm while in violation of paragraph (a), unless discharged for lawful defense of himself or herself or another or for a lawful purpose, commits a felony of the second degree,

SnakeIf I were Dawn DeMarco’s attorney, I would certainly be pleading that this was a clear case of defense of others.   It does not matter that Dawn missed the snake with the borrowed firearm.

One parent forewarned the women that having a firearm on school grounds was against the law when DeMarco said, “I will take the blame,” the parent told police.

This might be a good test case for reform of the silly gun free school zone law in Florida.   Even the federal gun free school zone law has an exception for those with concealed carry permits.

The person that Dawn DeMarco borrowed the pistol from was also arrested.   It is unknown if DeMarco had a concealed carry permit.

Gun free school zone laws have been a disaster from the beginning.  It is time to stop the idiocy.

About Dean Weingarten;

Dean Weingarten

Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

Source: AmmoLand
Under Creative Commons License: Attribution

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