locked in car on school property - Page 3

locked in car on school property

This is a discussion on locked in car on school property within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by DaveH Reinstated / re-enacted with a hook to the interstate commerce clause in order to get pass the "it's not a federal ...

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Thread: locked in car on school property

  1. #31
    VIP Member Array Janq's Avatar
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    Quote Originally Posted by DaveH View Post
    Reinstated / re-enacted with a hook to the interstate commerce clause in order to get pass the "it's not a federal issue" court decision.
    Additional reading as to that point, which was resolved 40 years ago (!).

    1.1.2 Title II of the Gun Control Act of 1968. Title II amended the NFA to cure the constitutional flaw pointed out in Haynes.3 First, the requirement for possessors of unregistered firearms to register was removed. Indeed, under the amended law, there is no mechanism for a possessor to register an unregistered NFA firearm already possessed by the person. Second, a provision was added to the law prohibiting the use of any information from an NFA application or registration as evidence against the person in a criminal proceeding with respect to a violation of law occurring prior to or concurrently with the filing of the application or registration.4 In 1971, the Supreme Court reexamined the NFA in the Freed case and found that the 1968 amendments cured the constitutional defect in the original NFA.5

    Source - http://www.atf.gov/publications/down...-chapter-1.pdf
    - Janq
    "Killers who are not deterred by laws against murder are not going to be deterred by laws against guns. " - Robert A. Levy

    "A license to carry a concealed weapon does not make you a free-lance policeman." - Florida Div. of Licensing


  2. #32
    Member Array golfnutcasey's Avatar
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    Anyone know how they laws on this read in North Carolina? I'm not sure but I don't think you can have it anywhere on the property, parking lots included.

  3. #33
    Member Array DZcarry's Avatar
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    Quote Originally Posted by golfnutcasey View Post
    Anyone know how they laws on this read in North Carolina? I'm not sure but I don't think you can have it anywhere on the property, parking lots included.
    In NC it is a misdemeanor to have an unloaded gun in a lock box in the trunk on campus if you are not a student. Having a gun on campus under any other circumstances is a class I felony. Leave the gun at home if you are headed to campus.

    NC Firearms Law

    Scroll down to section III, subsection E:
    North Carolina General Statute 14-269.2 provides that it is a Class I Felony

    for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other

    firearm of any kind, on educational property or to a curricular or extra-curricular activity

    sponsored by a school.
    It is a misdemeanor, rather than a Class I Felony, for any person to possess or carry,

    whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational

    property or to a curricular or extracurricular activity sponsored by a school if:

    a. The person is not a student attending school on the educational property, or an

    employee employed by the school working on the educational property; and

    b. The person is not a student attending a curricular or extra-curricular activity

    sponsored by the school at which the student is enrolled, or an employee

    attending a curricular or extracurricular activity sponsored by the school at

    which the employee is working; and

    c. The firearm is not loaded, is in a motor vehicle, and is in a locked container or

    a locked firearm rack.
    Last edited by DZcarry; March 26th, 2010 at 10:15 AM. Reason: clarification

  4. #34
    Ex Member Array hamlet's Avatar
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    The Horse's Mouth:

    You can get a lot of good advice here and you have, but, bottom line, you don't need advice, you need the LAW for your area. Call the Pistol Permit Office or the police. If they say don't do it - even if you think they're incorrect - don't do it. If one office says OK, and the other says NO, don't do it. No need to spend thousands in legal fees with some complicated case that lasts for months, maybe more. Just do what the authorities say. It's simpler.

    By the way, in my area, you're supposed to have your gun under your control at all times. So, leaving it in a car, locked or not, wouldn't be good.

    Find that out where you live too.

  5. #35
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    Quote Originally Posted by hamlet View Post
    You can get a lot of good advice here and you have, but, bottom line, you don't need advice, you need the LAW for your area. Call the Pistol Permit Office or the police. If they say don't do it - even if you think they're incorrect - don't do it.
    No offense meant and as always YMMV.

    For that matter, on one hand, I agree -- if your objective is to fly under the radar as a temporary tactic, for whatever reason.

    On the other hand, I and a fair number of RKBA folk regularly work at educating the police and others in authority as to what the law actually is.

    1) First stage is research the issue. Get a strong fix on who is right, under the law.

    2) Second stage is usually an email or letter confirming the PD's/jurisdiction's official position, or if it is clearly posted wrong skipping this and moving to phase three.

    3-a) Third phase (if they are wrong) is a letter explain/complaining about where they are wrong and asking that they review the State's statute & case law and reconsider. That usually solves the issue.

    Where it doesn't things can escalate to legislative initiative or judicial involvement.

    3-b) Third phase (if they are right or is it is a gray area) is legislative initiative to make their position clearly wrong, under the law.

    A right un-exercised is a right lost. Subjects just comply. Citizens don't just roll over and lose their rights, by default.

    That said, each of us need to decide if a "particular hill" is worth dieing for, metaphorically. And, I'll concede, it's a lot easier to be up front for someone in their 70's w/o a family to support. However, even if you can't be the up-front guy/gal, you need to be part of the struggle.

    Join & support a local grass-roots RKBA organization. Work behind the line, if you need to. Eyes and ears as to what's going on are important. Grass roots donations are important. The Pro-RKBA side isn't bankrolled by deep pockets, such as his-dishonor-from NYC.

    We are in a fight for our rights, folks.

    "Yes officer/bureaucrat, whatever you say" is the reply of a "subject" -- if that's the end of it. OTOH, it can be a good tactic to delay until you have your act together. It is often the best tactic in the heat of the moment. However, it is a losing strategy.

    Last edited by DaveH; March 27th, 2010 at 12:12 PM. Reason: syntax
    Μολὼν λαβέ

    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

  6. #36
    Distinguished Member Array PastorPack's Avatar
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    Quote Originally Posted by hamlet View Post
    You can get a lot of good advice here and you have, but, bottom line, you don't need advice, you need the LAW for your area. Call the Pistol Permit Office or the police. If they say don't do it - even if you think they're incorrect - don't do it. If one office says OK, and the other says NO, don't do it. No need to spend thousands in legal fees with some complicated case that lasts for months, maybe more. Just do what the authorities say. It's simpler.
    I agree with your statement ("you don't need advice, you need the LAW for your area").

    However, in my experience, the police are not always the best ones to ask. Place a call--or even better, write a letter--to your state's Attorney General. That's his/her job.
    God is love (1 John 4:8)

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