Weapon in car on school property

This is a discussion on Weapon in car on school property within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; This appears to say that in Oklahoma, it is lawful to have a gun in your car while on school property while not leaving the ...

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Thread: Weapon in car on school property

  1. #1
    Member Array maat's Avatar
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    Weapon in car on school property

    This appears to say that in Oklahoma, it is lawful to have a gun in your car while on school property while not leaving the car. See if I am wrong.

    21-1280.1 Possession of Firearm on School Property
    A. It shall be unlawful for any person to have in his or her possession on any public or private school property or while in any school bus or vehicle used by any school for transportation of students or teachers any firearm or weapon designated in Section 1272 of this title except as provided in subsection C of this section or as otherwise authorized by law.
    B. "School property" means any publicly or privately owned property held for purposes of elementary, secondary or vocational-technical education, and shall not include property owned by public school districts or private educational entities where such property is leased or rented to an individual or corporation and used for purposes other than educational.
    C. Firearms and weapons are allowed on school property and deemed not in violation of subsection A of this section as follows:1. A gun or knife designed for hunting or fishing purposes kept in a privately owned vehicle and properly displayed or stored as required by law, or a handgun carried in a vehicle pursuant to a valid handgun license authorized by the Oklahoma Self-Defense Act, provided such vehicle containing said gun or knife is driven onto school property only to transport a student to and from school and such vehicle does not remain unattended on school property.

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  3. #2
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    You are correct on your reading of the law, as long as you are dropping off or picking up a student. If you were dropping off or picking up say a teacher, you would be in violation of the law.
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    This is just like in FL...and you may be armed during drop off/pick up on school property. It just cannot be left in the car to go inside a school building.
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    Senior Member Array jem102's Avatar
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    Same for TN.
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    Member Array Ksthumper's Avatar
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    Same for Kansas

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    Member Array maat's Avatar
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    This is one my instructor missed. He told me that you could not have a gun on school property, period.

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    VIP Member Array smolck's Avatar
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    My state law says I can't carry on school grounds if I have "intent to do harm". So I read it to mean that if I don't intend to do harm, I am good to go carrying in schools. That said, the last time I went to my sons school play, I left my gun at home. I wear it all the time picking him up though.

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by Ksthumper View Post
    Same for Kansas
    No that isn't the same as it is in Kansas.

    Kansas :
    You may want to read up on HB2528, and SB306; it is legal to carry if you have a CC permit to carry on any school property at any time, and "grounds and public areas " cannot be posted... only buildings. You are only restricted to carry in the buildings "IF" they are posted per the AG signage requirements.... otherwise it's legal to carry in the school. Only 1 of 15 school buildings close to me, is posted. If you are going into a posted building, it's legal to leave the gun locked in the vehicle.

    In Kansas, if you don't have a CC permit, it's legal to have it in the trunk, in a case separate from the ammo per the Fedl transportation requirements.

    What bothers me about Oklahoma is (which I do a lot) is... what if I'm traveling thru Okla and turn around in a school parking lot because I got lost ? I think per the law, I'ld have problems if carrying even with a permit.
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    Member Array Flippinstk's Avatar
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    same 4 Va.
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    Pretty close to how Wisconsin's is laid out.
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    Georgia allows carry and storage in a locked compartment (passenger compartment, say) on school property. The law says you can carry while picking up/dropping off, but I don't think anyone wants to be the test case clarifying that means outside the car.

    Slightly off-topic, AIUI unless you have a permit issued by the State you are physically in, you can't carry on public property (the street) within 1,000 feet of a school property line. Reciprocity doesn't help, so you must have, say, a GA WCL to be near a school on a public street in GA even if your out of state permit is recognized. Don't even think about being on school property.

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    Member Array Doubledown's Avatar
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    Quote Originally Posted by jfnixon View Post
    Georgia allows carry and storage in a locked compartment (passenger compartment, say) on school property. The law says you can carry while picking up/dropping off, but I don't think anyone wants to be the test case clarifying that means outside the car.

    Slightly off-topic, AIUI unless you have a permit issued by the State you are physically in, you can't carry on public property (the street) within 1,000 feet of a school property line. Reciprocity doesn't help, so you must have, say, a GA WCL to be near a school on a public street in GA even if your out of state permit is recognized. Don't even think about being on school property.
    I have not read your laws specifically but in WI there is exceptions listed for driving down the street near a school and for visiting homes or businesses within 1000' of a school. I cannot say with certainty how this applies in all States but seems to be a reasonable assumption.

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    Member Array mandalitten's Avatar
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    There is also the Federal Gun Free School Act to take into consideration (18 U.S.C. 922(q)(1)). You
    www.atf.gov/publications/download/p/atf-p-5310-1.pdf
    If you have a CCW license by your state, you should be OK.

  15. #14
    VIP Member Array Eagleks's Avatar
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    I might make the point, many States have "laws" related to carrying in , around, or on school property.....

    But also have clauses, it does not apply to people who are not residents of that state, even if they have a license with a reciprocal state. That is one thing I really look at when reviewing other states laws and I am going there, becuase they may not be the same for me as a non-resident recripricol license holder.

    Just like the above... "IF" it is a permit issued under Oklahoma laws.... mine was obviously issued by Kansas, so that's a disqualifier right there.
    Last edited by Eagleks; November 30th, 2011 at 06:28 PM.
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  16. #15
    Member Array jfnixon's Avatar
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    It is the Federal law that causes problems for out-of-state licenses, so it doesn't matter what the State regulations are. The Federal law preempts State law. The important part of the Federal Gun-Free School Zones Act is this:

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    The State can choose, but is not required, to permit licensed carry in a school zone, but only because the GFSZA permits the State to choose. Additionally, only licenses issued by the State the school is in qualify for the exemption. Reading this, it would appear that a school near a border could cause problems for a license holder in the adjoining State. Technically speaking, of course, but it is stuff like this that bother me.

    I'd also note that off-duty LEOSA carry is not permitted either. Only law enforcement officers performing official duties are exempted from compliance with the GFSZA. So even LEOSA qualified individuals commit a felony if they carry in a school zone without a license from the correct State.

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