Gun Free School Zone? Gray Area?

This is a discussion on Gun Free School Zone? Gray Area? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I noticed this law was put into force in 1990,amended in 1995.As I read it,Federal law,as in a posted,GUN FREE SCHOOL ZONE,requires guns 1000 feet ...

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Thread: Gun Free School Zone? Gray Area?

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    Distinguished Member Array mr.stuart's Avatar
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    Gun Free School Zone? Gray Area?

    I noticed this law was put into force in 1990,amended in 1995.As I read it,Federal law,as in a posted,GUN FREE SCHOOL ZONE,requires guns 1000 feet away from a school?A person with a CHL must have gun unloaded and seperate from ammo?Texas law does not allow a CHL inside the buildings with a gun.But as far as I know we can drive past a school legally.Is it a crime under Federal law to drive your car within 1000 feet of a school while you carry?I went to the GunLaw website,but I am still confused on this issue,help me out.

    Thanks,
    Stuart

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    Member Array Sgt.Sausage's Avatar
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    I can't tell you the laws, but I've got a rental unit that's about 250 feet from the front door of an elementary school (across the street) with the old "Gun Free Zone" signs posted out front. I'm well under 1,000 ft -- but laws or not I'll be damned if I let anyone tell me I can't carry on my own property. That's ridiculous.

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    Member Array silver dollar's Avatar
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    www.gunlaws.com/Gun_Free_School_Zones_Act.pdf
    The act makes it a federal offense to possess a firearm within 1000 ft. of a school. There is an exception for a CCH licensee, if the school zone is in a state which requires that the state verifies the qualifications of the licensee, before issuing the license. This exception however, applies only to the possession and not the discharge of a firearm. Knowingly discharging a firearm, even in the act of lawful self defense, within the 1000 ft. zone, could subject the individual to a penalty of up to $5000.00, or 5 years in prison, or both.

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    Member Array silver dollar's Avatar
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    Quote Originally Posted by Sgt.Sausage View Post
    I can't tell you the laws, but I've got a rental unit that's about 250 feet from the front door of an elementary school (across the street) with the old "Gun Free Zone" signs posted out front. I'm well under 1,000 ft -- but laws or not I'll be damned if I let anyone tell me I can't carry on my own property. That's ridiculous.
    There is an exception for private property that is not part of school grounds. This exception applies to the possession as well as the discharge of a firearm.

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    VIP Member Array havegunjoe's Avatar
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    I do not believe this law is still in effect. I believe it was repealed. Here in MN for example we can carry a loaded gun in our car while dropping off our children. We must disarm and lock in the trunk if we go into a school building if we don't have written permission of someone in charge of the school. I don't think they would have written our law in this way if the federal law still existed.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

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    Member Array silver dollar's Avatar
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    Quote Originally Posted by havegunjoe View Post
    I do not believe this law is still in effect. I believe it was repealed. Here in MN for example we can carry a loaded gun in our car while dropping off our children. We must disarm and lock in the trunk if we go into a school building if we don't have written permission of someone in charge of the school. I don't think they would have written our law in this way if the federal law still existed.
    The law is most certainly in effect. It was originally enacted by Congress in 1990, overturned by the Supreme Court in 1995, then reenacted by Congress in 1996. The law provides no exception for carrying a loaded gun in the car while dropping off children.

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    Member Array joffe's Avatar
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    Quote Originally Posted by havegunjoe View Post
    I do not believe this law is still in effect. I believe it was repealed. Here in MN for example we can carry a loaded gun in our car while dropping off our children. We must disarm and lock in the trunk if we go into a school building if we don't have written permission of someone in charge of the school. I don't think they would have written our law in this way if the federal law still existed.
    Perhaps your permit qualifies for the exception found in the law.

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    All of those ridiculous "FREE" zones around the schools are a joke plain and simple.


    SleepingZ

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    Senior Member Array ronwill's Avatar
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    In most cases, and you should call your local authorities to verify this, if you are passing on a public road your good to go. Here in Georgia the law was amended to state that you could carry if you are dropping off or picking up your kids. You still can't carry inside though.

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    Member Array Catalina's Avatar
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    So certain states can modify the federal gun free school zone law? In Ohio you can't even enter the driveway of a K-12 school property with a gun in the trunk.
    Go Glock - until you can afford H&K

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    Member Array ropinghorns's Avatar
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    Don't ask - Don't tell.

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    Senior Member Array ronwill's Avatar
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    Quote Originally Posted by silver dollar View Post
    The law is most certainly in effect. It was originally enacted by Congress in 1990, overturned by the Supreme Court in 1995, then reenacted by Congress in 1996. The law provides no exception for carrying a loaded gun in the car while dropping off children.
    If you read the law carefully the prosecuter must prove the gun was moved by or affected interstate commerce. Here's a reading that may help.

    http://wise.fau.edu/~tunick/courses/conlaw/gunlaw.html

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    New Member Array gfcrane's Avatar
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    I live in the only state, as far as I can determine, which specifically allows concealed only carry in any taxpayer supported school. This includes visitors and staff of the school. The wording of the law is specific and not accidental. The Univ of Utah in Salt Lake has for years insisted that it could prohibit CC and did, threatening to expel anyone found in possession. It took a state supreme court decision to finally affirm the law last year. While the Univ is still fuming and threatening a federal lawsuit, students are now carrying. Don't know about profs, but it's doubtful. The law further prohibits any political subdivision (counties, cities) from banning CC in facilities, with exceptions for courtrooms or secure areas like jails.

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    Member Array silver dollar's Avatar
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    Quote Originally Posted by ronwill View Post
    If you read the law carefully the prosecuter must prove the gun was moved by or affected interstate commerce. Here's a reading that may help.

    http://wise.fau.edu/~tunick/courses/conlaw/gunlaw.html
    That's correct, however all the prosecuter needs to do is to establish that the gun, any of its component parts, the ammunition or any of the raw materials from which it is manufactured have moved in, or affected interstate commerce, and he has met the requirement. I cannot imagine a case where this couldn't be easily established.

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    Senior Member Array ronwill's Avatar
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    Quote Originally Posted by silver dollar View Post
    That's correct, however all the prosecuter needs to do is to establish that the gun, any of its component parts, the ammunition or any of the raw materials from which it is manufactured have moved in, or affected interstate commerce, and he has met the requirement. I cannot imagine a case where this couldn't be easily established.
    Doesn't quite work that way. That's why the individual states have so much latitude on how they do it. Another reason the Constitution gave so much power to each individual state.

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