Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Case Against Student Who Wore NRA T-Shirt to School Dismissed

Friday, June 28, 2013

On June 27th, in a positive resolution to a case which has captured the attention of advocates for First and Second Amendment rights, the case against 14-year-old Logan Middle School Honor Student Jared Marcum of Logan, W.V., was dismissed with prejudice.  Marcum had been charged with obstructing an officer following an incident stemming from a Logan Middle School faculty member's reaction to Marcum wearing to school an NRA t-shirt featuring the words "Protect Your Right" and an image of a semiautomatic rifle. The charge against Jared carried a possible sentence of incarceration.

The entire episode started back on April 18th when Marcum was wearing his NRA t-shirt in school and a Logan Middle School band teacher took exception to Marcum's choice of attire.  The Logan County Schools' Dress Code, however, had no restriction on clothing featuring firearms.  Nevertheless, the teacher demanded that Marcum remove his shirt or turn it inside out. Marcum refused, citing his First Amendment rights, at which point the other Logan County school officials became involved.  During the incident, Marcum's classmates were vocal in support of him.

As Jared persisted in asserting his rights and refusing to remove the shirt, school officials called the Logan Police Department, complaining of an "unruly student."  Police arrived to find Jared in the principal's office, still wearing the shirt.   An officer ultimately arrested Marcum, claiming that his repeated assertions of his rights, even after being warned to be quiet, constituted obstruction of a police officer. Marcum was also given a one-day suspension from school.

Upon his return to school, Marcum again wore the t-shirt that sparked the controversy and was greeted by a show of support from his classmates, many of whom chose to wear similar attire in solidarity. In the days that followed, support continued to pour in from students all around the country, along with rights advocates across the political spectrum. In support of his client, Marcum's attorney, Ben White, made clear Jared's motivation for his behavior, stating, "Jared respects firearms and has training to use them, and believes in the Second Amendment... He believes it's being threatened by current legislation. He wore [the shirt] as an expression of political speech and the need to protect the Second Amendment."
 
On June 17th, Logan County prosecutors charged Marcum with obstructing a police officer, claiming that Marcum had hindered the responding officer's ability to do his job by "interrupting" and refusing to be quiet when told to do so. The charge carried with it the possibility of incarceration in a juvenile facility. In contesting the charge, White noted that "In my view of the facts, Jared didn't do anything wrong," going on to say, "I think [the officer] could have done something differently."

Thankfully, on June 27th, common sense prevailed, as the parties agreed no further legal action would arise from the case.  In the agreement underlying the order of dismissal, Jared did not admit guilt to any offense, and the State made clear that "[u]nder [the] circumstances [it] is not interested in the possibility of creating a juvenile criminal record for this Defendant."  For his part, Marcum has offered an apology for any perceived disrespect to the officer, and he and his mother agreed to forego any civil action against the City of Logan, its police department, the police officers involved. During the episode, NRA was in contact with and provided assistance to Marcum's attorney.

TRENDING NOW
Updates to ATF Final Rule on Stabilizing Braces

News  

Monday, January 30, 2023

Updates to ATF Final Rule on Stabilizing Braces

On Monday, January 30, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) published the final Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule for public inspection in the federal register.

U.S. House Judiciary Committee Advances Pistol Brace Resolution

News  

Monday, April 24, 2023

U.S. House Judiciary Committee Advances Pistol Brace Resolution

On April 19, the U.S. House of Representatives Judiciary Committee voted 23-15 to advance H.J.Res.44, which would reign in the Bureau of Alcohol, Tobacco, Firearms and Explosives’ attempt to regulate pistol stabilizing braces. The resolution employs ...

The Disingenuous “Assault Weapons” Ban

News  

Monday, May 8, 2023

The Disingenuous “Assault Weapons” Ban

On April 25, 2023, Washington Gov. Jay Inslee (D) signed HB1240 into law. The legislation is a sweeping, and flagrantly unconstitutional ban on commonly-owned semi-automatic firearms. The law prohibits a host of rifles by name, including America’s ...

Connecticut:  Gun Control Bill Passes the House and Moves to the Senate

Saturday, May 27, 2023

Connecticut: Gun Control Bill Passes the House and Moves to the Senate

On Thursday, the House passed HB 6667 on a vote of 96-51.  This drastic gun control legislation has a bit of everything.  It contains a ban on open carry and strengthens prohibitions and registration of semi-auto "assault ...

Louisiana House Passes Constitutional Carry

Tuesday, May 23, 2023

Louisiana House Passes Constitutional Carry

Last week, the House Administration of Criminal Justice Committee held their “Gun Day,” where multiple pro-gun bills passed out of committee and the lone anti-gun measure was involuntarily deferred. Your active participation was crucial to protecting and ...

Connecticut:  Gun Control Legislation Nearing House Vote

Thursday, May 25, 2023

Connecticut: Gun Control Legislation Nearing House Vote

Gun banners in Hartford have been busy all session cooking up a concoction of more gun control.  In a state where there is already a large buffet of gun laws, it’s time for Connecticut gun ...

Illinois: Gun Seizure Mandate Inserted Into Bill

Monday, May 15, 2023

Illinois: Gun Seizure Mandate Inserted Into Bill

Last week, the House gutted House Bill 676 and amended it to include anti-gun provisions, including mandating that law-enforcement seize firearms from those who have not been convicted of a disqualifying offense. The House then ...

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

Tuesday, May 9, 2023

South Carolina: Constitutional Carry Advances to Floor from Senate Judiciary Committee

The Senate Judiciary Committee voted 12-11 to pass S.109, the NRA-backed Constitutional Carry bill, and it has now been sent to the Senate floor for further consideration. This is a huge step toward South Carolina becoming the next state ...

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

News  

Monday, May 22, 2023

New York State Police Advocate: Governor’s Gun Seizure Mandate is Hindering Crime Fighting

Proponents of so-called “red flag” laws like to claim they are a “public safety” measure. But a union representing state police investigators in New York is sounding the alarm that a mandate handed down by ...

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Tuesday, May 23, 2023

South Carolina Final Constitutional Carry Vote Soon - Contact Your Senator Today!

Senate Bill 109/House Bill 3594, NRA-backed constitutional carry bills, could be up for a Senate floor vote as early as this week. Your active participation has been pivotal in safeguarding and upholding our fundamental right to ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.