A Norfolk (VA) man found himself wrongfully charged after he was caught with a rifle on school property. The student was violating school rules, but completely within compliance of state law (more on that later).

19-year old Corey Benton had an unloaded rifle securely locked in the trunk of his car. Police questioned him after he left school during the day and came back. When asked to search his car, Benton volunteered that he had a rifle in his trunk. (oy!) Always exercise the right to remain silent when you can.

Benton was subsequently arrested and jailed for 4 days, even though he broke no laws.

Here's a follow up story, where the reporter shows his ignorance in all its glory.

A Norfolk High School student won't be prosecuted after bringing a gun to school.

Because he didn't break the law.

19-year-old Corey Benton is a senior at Lake Taylor High School.

He brought a rifle to school Monday.

Actually, he left it securely locked in his vehicle trunk, as prescribed by state law. (more on this later)

The stalk had been cut off the gun.

What the fuck is a stalk?

Benton was arrested.

Even though he didn't break the law.

On Friday he was freed from jail after four days behind bars because according to state law, he did nothing wrong.

There's the real story. Why did it take 4 days for him to be released?

Now Corey's father is speaking out.

"We're trying to weigh our options and see what we need to do next," said Rory Rankin.

Sue.

Rankin says his son learned a valuable lesson Monday. But that lesson wasn't in any classroom.

Keep your mouth shut and don't surrender your Constitutional rights.

Benton aroused the suspicion of a school police officer when he drove off school grounds, then returned.

Police asked to search his vehicle. That's when Benton told police about the unloaded rifle in his trunk. Police also found ammunition. Benton was arrested.

Never, ever, surrender your rights. Even if you have nothing to hide, never give police permission to enter your home or vehicle and start poking around. If they insist on doing so, make sure they know that it is being done under duress.

You cannot physically stop them, but I'd at least tell them politely: "You have no reason to search my vehicle and I DO NOT give you permission. If you continue to search my vehicle any way, it is under duress and against my will."

But the charges didn't stick, and after four nights in jail, Benton was freed.

Hello. Because he didn't break the law.

Rankin picked up his foster son.

"Right now he's just trying to relax and get something to eat. You know, he's been in jail for five days," said Rankin.

The Commonwealth Attorney's office says Benton was within his rights.

The gun was in a closed trunk, and Benton had a concealed handgun permit while the weapon was secured in the parking lot. Both are required by Virginia Code to have a gun on school property.

NO NO NO! Virginia doesn't issue carry permits to 19-year olds, and the Virginia Concealed HANDGUN Permit only applies to HANDGUNS, not rifles. The right to keep a rifle in your vehicle is preserved by Virginia law. Benton was released because he complied fully with the law.

Benton passed every test.

But parents like Peggy Brown see a loophole in the law that sends the wrong message to students.

If you don't like the law, change it. But it's not a loophole.

"I think that anytime a child brings a gun or any weapon to school they should be expelled and not be allowed in school for the safety of the other children," Brown said.

First of all Benton is an adult, not a child. Second, he did not take a gun into the school. He kept it locked in his car, as provided for by state law. Third, he is still subject to expulsion for violating school policy, which is more stringent than the law.

Norfolk Schools don't allow guns of any kind on school grounds. Not even toy guns. Benton could still face expulsion.

As for Benton, his father says the family is considering a civil suit against the Norfolk Police Department.

Benton's case was helped from gun rights advocates, who called the Commonwealth Attorney's office and said that Benton didn't break any laws.

What happened was that the Norfolk police insisted on filing charges, even though no crime was committed. It took four days for the Commonwealth's Attorney to force the Norfolk PD to drop the charges. All the while, Benton was held illegally. The Norfolk PD may well have an expensive lawsuit on their hands.

Now, you may be asking yourself about this so-called "loophole" in the law. Why would Virginia law allow a student (or anybody) to keep an unloaded rifle in their car? Well, aside from Hampton Roads, Richmond, and Northern Virginia, the Commonwealth is pretty much rural. There are a lot of red counties out there, where kids go hunting after school. Rather than make kids drive home 20 miles, grab their hunting gear, and then try to squeeze in a few hours of hunting before dark, they simply let them keep their guns in their car.

Personally, I love the policy. And if some wacko does start shooting up the school, you've got a trained marksman with a rifle and manstopper ammo just a few feet away. There is too much killing going on in "gun-free" zones.

Now I don't know what Benton's motives were. I doubt he was going hunting after school, because it's not hunting season. He's also an inner city black youth, who doesn't fit the stereotype of a hunter. But quite frankly, that doesn't matter. The law is the law and Benton was abiding by it. Expel him if you want, but throwing him in jail is an abuse of power.