Legal Point of view

Legal Point of view

This is a discussion on Legal Point of view within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I asked this to a LEO the other day he could not give a 100% legal awnser.It is ilegal to have a gun within 1000 ...

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  1. #1
    New Member Array Marc45's Avatar
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    Legal Point of view

    I asked this to a LEO the other day he could not give a 100% legal awnser.It is ilegal to have a gun within 1000 feet from a school here in Florida,but when you are picking up your kids,and your gun is in your glove box of your vehicle, you are in the school property with a weapon,how the law applies?.I dont have time to go home leave my weapon and then go to school everyday. that also applies when you are dropping your kids at school. My cuestion will be, having a gun in my property (My car) Passing thru the school property, is it ilegal?.


  2. #2
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    You need to check with the Fl. guys here.

    I beleive that the 1000 feet thing was overturned by Federal Courts years ago.

    However, the state laws are all different. What is legal here, may be illegal there and vice versa.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  3. #3
    Senior Member Array Gary Slider's Avatar
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    The federal 1000 foot rule is on the books. If you have a permit issued in the state you are in then you are legal up to the property line of the school property. If you have a permit not issued by the state even if that state honors the permit you must stay 1000 foot away from any school. That is the law.

    The law was struck down but the Feds passed it again and it is on the books. It is not being inforced and is one of those laws that the feds use to tack on to someone arrested for another crime.

    If you wish to read the letter the BATF put out on the subject go to Handgunlaw.us and click on "All US CCW Links" in the left column and then click on:

    "BATF on Gun Free School Zones"

    Under the "United States" listings.

    As for taking your firearm onto school property that is illegal in Florida. Just drop off and pick up your child outside the property line of the school and you will be OK. Hope this helps.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

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  4. #4
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    The law was struck down but the Feds passed it again and it is on the books.
    Yeah...that figures.

    Why I am not suprised ?
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
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  5. #5
    Distinguished Member Array Dakotaranger's Avatar
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    So how does the 1000 ft lawwork when you have to drive with in 30 ft to get to where your going of any school in town? Or am I just misconstruing the the law totally?
    "[T]he people are not to be disarmed of their weapons.
    They are left in full possession of them."

    Zacharia Johnson (speech in the Virginia Ratifying Convention,25 June 1778)"The best we can hope for concerning the people at large is that they be properly armed." ~Alexander Hamilton

  6. #6
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    IRRC, that was one of the reasons that the first law was struck down because it was basically unenforcable.

    I've been told by our Prosectuing Attorney that here in Ar. we could drive on campus as long as we didnt enter into any building we'd be OK. That meant that you could drop your kid off at school and have a gun in the car or on your person and you were legal...get out of the vehicle to enter into the buiilding and you had to remove your gun and lock your vehicle.

    But thats here. Its probably different were you are at.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
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  7. #7
    Member Array DizTbone's Avatar
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    Quote Originally Posted by HotGuns View Post
    IRRC, that was one of the reasons that the first law was struck down because it was basically unenforcable.

    I've been told by our Prosectuing Attorney that here in Ar. we could drive on campus as long as we didnt enter into any building we'd be OK. That meant that you could drop your kid off at school and have a gun in the car or on your person and you were legal...get out of the vehicle to enter into the buiilding and you had to remove your gun and lock your vehicle.

    But thats here. Its probably different were you are at.
    Hmmm...just a few weeks ago, David (Pros. Atty. for Pope, Johnson, Franklin Co. Judicial District) said that possession of a firearm on a K-12 campus was a mandatory felony prosecution with a mandatory sentence...no room for wiggle by Pros. Atty's. It doesn't matter if it's in a lock box and you have no ammo, IIRC. I asked him the question about "picking up your kid" and he very plainly said, "drop the gun somewhere before you go...or don't go. Have someone else pick up your kid. If you are found on K-12 property in possession of a firearm, I have to put you in jail for a felony."

    NOTE: This is a discussion of Arkansas law...where HotGuns and I both live.

    Michael
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  8. #8
    Distinguished Member Array p8riot's Avatar
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    Here in Virginia, the law allows the holder of a valid concealed handgun permit to possess a handgun on school property while in a motor vehicle in a parking lot, traffic circle, or other similar location in the curtilage of the school.
    "You can get more with a kind word and a gun than you can with a kind word alone." - Al Capone

    The second amendment is the reset button of our Constitution.

  9. #9
    Senior Member Array BlueLion's Avatar
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    Here in NC, this situation is bad mojo and you could get federal time. This goes for any school campus, grade school to university. I use to hate picking my sister up from college because I had to travel such a long distance unarmed.
    Listen, Think and React.....Nuff Said.....

  10. #10
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    Florida CWL Restrictions

    Here is a link to information regarding possession restrictions in Florida. http://licgweb.doacs.state.fl.us/wea...ossession.html
    Of course you can go to Florida Statute 790 also, specifically 790.06 and 790.15 which covers school activities etc.

    Taurus
    NW Florida

  11. #11
    Member Array soundwave's Avatar
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    I'd go look on the link that taurus gave. As for in Arizona, it's a little less complicated, as long as we don't leave our vehicle, we're good. From what I understood from the Fed laws, they reserve the right to prosecute rather than outright vigorously prosecute everything on it.

    The idea is that they're "hoping" that someone that was armed would be around when something like Columbine happens, but reserve their right to prosecute if the situation turns out to not be anything close to justified or politically too hot to toss aside. As far as BATF is concerned the carry issue is relatively null for someone with a state-issued CCW in the state it was issued from, but firing your weapon is a whole different ballgame. Then again, the US Attorney General is responsible for prosecuting the law, not BATF.

    Cheers.

  12. #12
    Member Array PeterCartwright's Avatar
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    Michigan law specifically exempts the firearms restriction for legal CPL (CCW) holders who are dropping off/picking up people from school. The CPL holder may NOT leave his/her vehicle while carrying on school property, however.

  13. #13
    Senior Member Array Gary Slider's Avatar
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    Again if you have a permit issued by the state you are in then you can carry up to the scholl property line. If not you are breaking the federal law. The law is not inforced and would be struck down again if someone wanted to test it.

    Some states do allow guns on school property as long as you are dropping off your kids or picking them up as long as the firearm stays in the vehicle.

    The problem is there are so many laws it is very difficult to stay up with all of them.
    Stay Safe,
    Gary Slider

    Co-Owner Handgunlaw.us

    Member Armed Citizens Legal Defense Network

  14. #14
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    The problem is there are so many laws it is very difficult to stay up with all of them.
    Aint that the truth. It seems like you are doing as good a job as anyone out there though...you run an exellent website. Thankyou for that...
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


    AR. CHL Instr. 07/02 FFL
    Like custom guns and stuff? Check this out...
    http://bobbailey1959.wordpress.com/

  15. #15
    Senior Member Array jofrdo's Avatar
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    As p8riot says, in Virginia, permit holders may carry concealed in a vehicle on school property. The gun must remain concealed and in the vehicle. If the gunowner leaves the vehicle, he may not leave the loaded gun concealed in the vehicle. In that case he should have unloaded it and stored it in a locked case (car trunk) before enterring school property.

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