Complicated situation in NH--CCW, Gun-Free School Zones, References...

This is a discussion on Complicated situation in NH--CCW, Gun-Free School Zones, References... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Valid point sir. I read that as an individual with a contract, but I can see your interpretation is also reasonable. I know a teacher ...

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Thread: Complicated situation in NH--CCW, Gun-Free School Zones, References...

  1. #16
    Senior Member Array Shizzlemah's Avatar
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    Valid point sir.
    I read that as an individual with a contract, but I can see your interpretation is also reasonable.

    I know a teacher who carries in NH, maybe I'll ask the principal? NOT :-)

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  3. #17
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by Shizzlemah View Post
    Valid point sir.
    I read that as an individual with a contract, but I can see your interpretation is also reasonable.

    I know a teacher who carries in NH, maybe I'll ask the principal? NOT :-)
    Heck, you might be indeed right though. I just throwing the thought out there as I am no lawyer! I read it more your first way too but I was open to the argument I put forth.

  4. #18
    Member Array BlackBear's Avatar
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    Quote Originally Posted by cphilip View Post
    Actually Gary, you see that a person would need to have a CWP and it be a clear function of their job or position too on that school grounds. The reason I said several times that it is not enough JUST to have a CWP from NH. The Exceptions clearly defines who can and who cannot. Its my contention from reading that Federal law that its not enough just to "not have a law precluding carry" but that the state "must have a law allowing carry" for it to be valid. Or an individual condition of employment or something else besides just a CWP process alone. It must be specific to school carry.

    This is the important part of that Clause:

    by an individual for use in a program approved by a school in the school zone; by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual

    It is not enough to simply have a CWP.
    Almost, but not quite.

    Here is what you quoted (I'm guessing from a summation, as there are no subparagraph delineations):
    Quote Originally Posted by cphilip View Post
    Exceptions

    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 obtain 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; which is--

    not loaded; and in a locked container, or a locked firearms rack which is in a motor vehicle; by an individual for use in a program approved by a school in the school zone; by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; by a law enforcement officer acting in his or her official capacity; or that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    The "or" is the important part. This makes it clearer: (Link to source - scroll halfway down, to "q")
    18 USC 922(q)(2)
    • (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    • (B) Subparagraph (A) does not apply to the possession of a firearm—
      • (i) on private property not part of school grounds;
      • (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;
      • (iii) that is—
        • (I) not loaded; and
        • (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
      • (iv) by an individual for use in a program approved by a school in the school zone;
      • (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
      • (vi) by a law enforcement officer acting in his or her official capacity; or
      • (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.


    The "or" before the last clause indicates that any single one of those conditions in sufficient to exclude the law from applying to an individual.

    Do not take this for legal advice as applicable to any specific situation, I am merely trying to clarify my understanding of this particular piece of (utterly absurd and unconsitutional) legislation. I am not a lawyer, I just do their dirty work.
    I would love to change the world, but they won't give me the source code

    Semper Vigilans et Paratus

  5. #19
    VIP Member Array cphilip's Avatar
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    Ah... reads a little different don't it? But... confusing none the less eh? What it almost read to me was that a CWP gave you ability to have one unloaded or locked in container or rack. And that was all it gave to that status. Did you try looking at it that way? But I see your point too.

    And rediculous and unconstitutional I do agree.

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