by Bob Walsh
Charles Burns was convicted in April of 2017 by a federal court in the Peoples Republic of San Francisco of the serious offense of possession of a gun in a school zone. He was sentenced to a year and a day, but has been free on appeal.
Federal law prohibits a person from possessing a gun in a place the possessor knows, or reasonably should know, is a school zone, which is within 1,000 feet of a public or private school.
Burns' lawyer argued that the "school" in question was in fact more of a day care center than a school. The "school" is a preschool that bills itself as an "active participatory learning center" for children under 5.
The 9th Circuit reversed the conviction, stating that Burns' lawyer should have been allowed to argue that the "school" meets the legal definition of a school under the applicable law.
In addition, Burns had the gun on him in order to sell it to a man who turned out to be an undercover informant who somehow managed to erase about 80% of the text messages between himself and Burns about the possible sale.
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