CCW Legal Question

CCW Legal Question

This is a discussion on CCW Legal Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm in Virginia. My reading, as I recall, says that you can't be within a 1000 ft of a school while carrying, except in a ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 19
  1. #1
    Member Array GettingOld2's Avatar
    Join Date
    May 2008
    Location
    Virginia
    Posts
    230

    Question CCW Legal Question

    I'm in Virginia. My reading, as I recall, says that you can't be within a 1000 ft of a school while carrying, except in a car.

    My wife and I regularly go for evening walks. Our standard loop takes us right by one of the many schools in the area. For that matter, my house may even be within a 1000 ft straight line projection of one of the schools.

    I've yet to carry or feel the need to carry in my neighborhood, but things change.

    ???


  2. #2
    Member Array wareagleky's Avatar
    Join Date
    May 2007
    Location
    USA
    Posts
    251
    I would contact your local authority and see what they have to say aobut this. I would think it would not be a problem, but I also am not saying to break the law. It all depends on how strict they want to be and under what circumstances they would be coming after you.

  3. #3
    Member Array nkanofolives's Avatar
    Join Date
    Dec 2006
    Location
    Northern Virginia
    Posts
    213
    That is a very good question...because 1000 feet is a big distance. Like what if your neighborhood backs up to the baseball field of a high school. Obviously you can have guns on your property, butttt what are the laws surrounding walking across the street to your neighbors house?

  4. #4
    Ex Member Array TacticalCompact's Avatar
    Join Date
    Feb 2008
    Location
    Nevada
    Posts
    317
    I have the same concern here in Nevada, where there is a 500 foot rule. My CCW instructor, who is active local LEO, said the rule is not enforced. The number of vehicles traveling through school zones is astronomical and it is unreasonable to expect people to follow this rule.

    Still, I'm not satisfied. I suggest contacting your local police cheif. I did through email about another issue, and have a response that I keep with me at all times, should I be hassled by one of his men. Makes me feel better, anyway.

  5. #5
    Distinguished Member Array Anubis's Avatar
    Join Date
    Dec 2004
    Location
    Arapahoe County CO
    Posts
    1,798
    Seems like I read the federal statute somewhere online. I recall that if you hold a recognized CCW permit, or your house is within the 1000-foot distance, you are exempt. Anyone know what the statute ID is?

  6. #6
    VIP Member Array packinnova's Avatar
    Join Date
    Jun 2006
    Location
    VA
    Posts
    4,291
    LIS > Code of Virginia > 18.2-308.1
    18.2-308 is your friend.

    18.2-308.1 spells out about the on the school grounds itself part and covers vehicular carry.

    18.2-308 exemptions also carry over to 308.1 and within your own home or curtilage thereof is also exempt.

    I Don't know about the supposed 1000' rule though.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  7. #7
    Member Array nkanofolives's Avatar
    Join Date
    Dec 2006
    Location
    Northern Virginia
    Posts
    213
    Quote Originally Posted by Anubis View Post
    Seems like I read the federal statute somewhere online. I recall that if you hold a recognized CCW permit, or your house is within the 1000-foot distance, you are exempt. Anyone know what the statute ID is?

    I am fairly certain you are correct about that...but what I think GettingOld2 question was getting at is the situations where you are walking your dog at 7pm (when school is not in session), maybe 1 or 2 blocks away from a school...Are you technically breaking the law? Or does a state law say that CCW permit holders are exempt?

    I am MORE than certain this law is used rarely...and when it is used its for troublemakers/gang bangers

  8. #8
    VIP Member Array havegunjoe's Avatar
    Join Date
    Mar 2005
    Location
    Minnesota
    Posts
    2,206
    You are referring to the Gun-Free School Zone Act I believe which was declared unconstitutional then re-enacted correcting the technical defects.

    (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
    hat 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 way I read this if you have a permit you are OK.
    DEMOCRACY IS TWO WOLVES AND A LAMB VOTING ON WHAT TO HAVE FOR LUNCH. LIBERTY IS A WELL ARMED LAMB CONtestING THE VOTE.

    Certified Instructor for Minnesota Carry Permit
    NRA Pistol and Personal Protection Insrtuctor
    Utah Permit Certified Instructor

  9. #9
    VIP Member Array Supertac45's Avatar
    Join Date
    May 2006
    Location
    Michigan's U.P.
    Posts
    3,657
    The way I read the Federal Law is with a CCW, your good to go if on a public street.
    Les Baer 45
    Sig Man
    N.R.A. Patron Life Member
    M.C.R.G.O.

  10. #10
    VIP Member Array packinnova's Avatar
    Join Date
    Jun 2006
    Location
    VA
    Posts
    4,291
    Quote Originally Posted by havegunjoe View Post
    You are referring to the Gun-Free School Zone Act I believe which was declared unconstitutional then re-enacted correcting the technical defects.

    (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
    hat 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 way I read this if you have a permit you are OK.
    I was looking for that, but haven't had the time today unfortunately...thanks havegunjoe. I was reading it the same way, but I'm not a lawyer.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  11. #11
    Member Array Zach and Holly's Avatar
    Join Date
    Apr 2008
    Location
    Oregon
    Posts
    479
    In Oregon, from what I understand (I've done a ton of research), it's completely LEGAL to carry in a school. But schools go against the law and write in their own pamphlets that you cannot, even with CHL. If you live within 1000 feet, you have gotta be excluded from any state law that bans coming within 1000 feet with a firearm.

    Also, if your walks are on a public street or public path, after hours, I can't imagine how that could be illegal. There are lots of things banned at schools that people very well could have in their cars, on roads, in their houses, and even just walking along the bike path. I would guess it's just a basic rule to try to set the tone that they're serious, but there's no way that could be enforced...especially since you're just minding your own business taking a walk. You're not trespassing anywhere, you're completely off the school grounds.
    It is utterly illogical to believe that passing laws to reduce gun violence will be successful when those who are commiting the gun violence do not obey the law.

  12. #12
    Senior Member Array ronwill's Avatar
    Join Date
    Jun 2006
    Location
    Georgia
    Posts
    816
    I would imagine it's the same as here in Georgia. We have the same basic law, however, if your passing by on a public road and not stopping it's alright. Best thing is check with your local authorities.
    Member NRA, SAF and Georgiacarry.org
    “America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves.” Abraham Lincoln

  13. #13
    VIP Member
    Array DaveH's Avatar
    Join Date
    Feb 2008
    Location
    SW Virginia
    Posts
    5,036
    Quote Originally Posted by GettingOld2 View Post
    I'm in Virginia. My reading, as I recall, says that you can't be within a 1000 ft of a school while carrying, except in a car.

    Where did you read that?

    Check out: LIS > Code of Virginia > 18.2-308.1.

    As far as I know, there is no "1000 ft of a school" rule in play in Virginia. I'm not asserting a negative, here. But I do believe that if that were the rule, I would have heard.
    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

  14. #14
    Member Array GettingOld2's Avatar
    Join Date
    May 2008
    Location
    Virginia
    Posts
    230
    Quote Originally Posted by DaveH View Post
    Where did you read that?
    I don't recall where I originally saw it, (I am "getting old"), but here are a couple links I Googled:

    The Gun Free School Zones Act of 1990 - Associated Content

    Fact Sheet: Gun-Free School Zones

  15. #15
    Member Array braindonor's Avatar
    Join Date
    Oct 2007
    Location
    Out west
    Posts
    116
    The exemption from the federal law for CCW only applies if the jurisdiction awarding the CCW finds the applicant qualified. Around here, we read that to mean a training course and backround check.

Page 1 of 2 12 LastLast

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Mo Legal clarification question..
    By BrianGarms in forum Concealed Carry Issues & Discussions
    Replies: 20
    Last Post: August 13th, 2009, 12:14 PM
  2. ohio ccw legal question
    By MrSigSauer in forum Concealed Carry Issues & Discussions
    Replies: 4
    Last Post: August 5th, 2009, 11:37 PM
  3. Ki nd of a legal question?
    By Jmac00 in forum General Firearm Discussion
    Replies: 13
    Last Post: June 23rd, 2009, 07:23 AM
  4. Legal Question for Maine CFP
    By raysheen in forum Concealed Carry Issues & Discussions
    Replies: 7
    Last Post: March 25th, 2007, 12:32 PM
  5. Legal Question
    By slidelock in forum Concealed Carry Issues & Discussions
    Replies: 16
    Last Post: February 12th, 2007, 05:39 PM

Search tags for this page

ccw legal advice

,
ccw legal questions
Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors