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Andrew CuomoGun ControlNew YorkNews/Opinion

SAFE Act Advocate Who Brought Loaded Gun to Elementary School Avoids Jail Time

A gun control advocate and ardent SAFE Act supporter, Dwayne Ferguson, who was arrested in February for carrying a loaded handgun on public school property, avoided jail time and received an incredibly lenient sentence.  This, despite facing four years in prison on multiple felony charges under the Act he so heavily promoted.

Ferguson claimed he forgot that he was packing heat after being arrested at Harvey Austin Elementary School in Buffalo.  The school was placed on lockdown, and state police provided “over a dozen squad cars,” a Swat team, K9 Units, a helicopter and an armored vehicle, after reports came in of a man with a gun on school grounds.


An anti-violence activist caught carrying a firearm into an elementary school in February has been given a conditional discharge.

A judge says if Dwayne Ferguson completes 100 hours of community service and stays out of trouble, he will not face more serious charges possessing a firearm on schools grounds.

Last February, Ferguson sparked a scare at Harvey Austin Elementary School when a man noticed his weapon and called police. Students were held on lockdown for around three hours while police swept the school. It was during a second search that Ferguson was found with a weapon.

Ferguson also claimed at the time that he had a license for the handgun.  In what should have been an ironic twist, having a license no longer constitutes a defense when carrying a weapon in a gun-free zone, and the SAFE Act, something that the anti-gun Ferguson helped push, makes it a felony to carry a gun on school property.

Ferguson had complained in the past that Cuomo’s SAFE Act wasn’t restrictive enough on legal gun owners. had reported in February that Ferguson lamented that the SAFE Act “needs to go further than what it is.”

Further adding to the irony after his arrest, one of his friends claimed that had there actually been a gunman on scene, Ferguson could have come to the aid of law enforcement.

George Johnson, president of Buffalo United Front and friend of Ferguson, pointed out that had there been an actual gunman at the school, Ferguson could have been a valuable asset to law enforcement, contradicting the very idea of gun-free school zones which they advocate.

“Dwayne probably was in a position to help the police not knowing that he was the one they were looking for,” Johnson said.

And yet, anti-gun zealots vehemently oppose arming teachers, and frequently mock Second Amendment supporters who state that the only thing that stops a bad guy with a gun is a good guy with a gun.

Despite facing four years in prison on felony charges that he himself advocated for, Ferguson will get off with a relative slap on the wrist.

Would a card-carrying member of the NRA been granted such leniency in light of the SAFE Act?

Rusty Weiss

Rusty Weiss is a freelance journalist focusing on the conservative movement and its political agenda. He has been writing conservatively charged articles for several years in the upstate New York area, and his writings have appeared in the Daily Caller, American Thinker,, Big Government, the Times Union, and the Troy Record. He is also Editor of one of the top conservative blogs of 2012, the Mental Recession.

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