Carry in school parking lot (NH specific but general question)

Carry in school parking lot (NH specific but general question)

This is a discussion on Carry in school parking lot (NH specific but general question) within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hello - I am a new owner (Glock 19 was what I finally decided on after range time with a few that felt alright and ...

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Thread: Carry in school parking lot (NH specific but general question)

  1. #1
    Member Array riseforms's Avatar
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    Carry in school parking lot (NH specific but general question)

    Hello -

    I am a new owner (Glock 19 was what I finally decided on after range time with a few that felt alright and after taking Sig academy's "101" and "102" handgun courses). I am also a holder of a Concealed Carry license up here in NH.

    I am trying to sort out the gun free school zone act for when I start daily carrying (not going to carry until I at least take the first concealed carry course and get more time at the range.. no sense in making myself an armed sheep ;) )

    I can't seem to find a straight answer and reading the law confuses me. I am not asking for legal advice but is it the opinion out here that one can have their handgun with them in a school parking lot (droppingg kids off at school in the morning on the way to work) as long as it is unloaded with the ammo separate? In NH we don't meet the exception requirements for our permits because the selectmen in town can also issue permits according to our law (and I don't want to become a test case).
    Last edited by riseforms; November 30th, 2008 at 10:01 AM. Reason: Subject Line - Oops


  2. #2
    Member Array ChiWeiSz's Avatar
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    I can't speak for NH, but in Texas as follows:

    Without a carry permit. According to the Castle doctrine you can carry a concealed loaded handgun in your vehicle even on school parking lot/driveway while picking up your kids. If you work for the school (i.e. a teacher) you cannot have a weapon in your vehicle, on any part of the school property.

    With a permit. You are allowed to have a loaded concealed in your vehicle while in the school parking lot. Say you want to visit with your kids teacher...lock up your gun in your car, no problem. Just don't carry INTO the school - bad, bad karma.

    I know it's Texas, hope it helps.
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  3. #3
    Senior Member Array jofrdo's Avatar
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    The answer to your question varies state-by-state. I googled New Hampshire gunlaw and found this site which might help you: Frequently Asked Questions about New Hampshire Gun Laws | Free State Blogs

  4. #4
    Member Array riseforms's Avatar
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    Thanks, I actually hit that site before and it didn't really answer the question. After reading and re-reading 18 USC 922 (section q) a couple times, I think I am fine if it is unloaded and locked.. The working in this "fine" piece of federal legislation is just crazy. To make it constitutional they are saying this law is authorized by the interstate commerce clause and applies to any firearm that has any pieces made in interstate commerce.

    So I guess if you had all the materials to make a firearm in your state with nothing imported you can make a homemade firearm and carry it into a school.. ;-) "That has moved in or otherwise affects interstate commerce"

  5. #5
    Member Array Ropedartman's Avatar
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    I wouldn't bring a gun on school property under any circumstances, just to be safe. That's a bad scenario waiting to happen. Just my $.02 though...

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    Distinguished Member Array Stetson's Avatar
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    Same here ,not a good idea to bring a firearm on school property.Why take the chance of getting yourself in hot water that's going to cost you big time.

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    I'm unfamiliar with NH, but in NC, you CANNOT even have 1 in your vehicle anywhere on public or private school grounds. This includes colleges and universities. If I have to pick up my son at school, I have leave my cc and my vehicle weapon at home
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    Senior Member Array ronwill's Avatar
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    As far as I can see from New Hampshire law the only place you can't carry a gun is a court house. The federal "school safety zone" as defined in the following: "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." affects only interstate transportation of a firearm. Here in Georgia we have a school safety zone in the state law, however, with a license you can carry while dropping off or picking up students. You just can't carry into the buildings. The best thing to do is contact your local authorities that handle firearms licensing.
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    Distinguished Member Array Agave's Avatar
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    The federal gun free schools act only applies to K-12 and then doesn't apply to vehicles on the parking lot.
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  10. #10
    Member Array riseforms's Avatar
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    Thanks for the posts.

    To agave - I actually believe it does apply to the parking lots from reading the actual statute as it applies to a school zone which is 1,000 feet from the school. But it seems like there is an exception for unloaded and locked under 18 USC 922 (q) 2(B) III US Code Title 18 Section 922

    To Ronwill - after searching the web a bit, it actually seems that they are just saying interstate commerce and it is actually used (search google for 18 USC 922 and Lopez and you can see an appeal.. basically guy was arrested for a few things, fought the charges from this particular chapter but the answer in the writ of the court was that he was in state A, and his shotgun was manufactured in state B and his rifle in state C, so those guns did in fact travel interstate). Clearly this is a stretch of a clause in the constitution (and justices like Alito agree) but under most circuit courts and even the current supreme court it is unlikely that we would be in the right here.

    This should not be a federal law at all. It should be a state by state decision with state laws but the good folks at the brady center and in Obama's friends and family network obviously would like to see much more cleaning at the federal level.

    To those suggesting not to bring it just to be safe, I understand your sentiments and agree in part. If I am carrying concealed to exercise my right and to provide for my own defense, aren't I just becoming a sheep by only arming myself on weekends and weeknights? I bring my children to a Christian school between work and home and I bring them on the way into work. This means I either have to not carry at work and out to lunch (sometimes I hit the mall food court) on weekdays or backtrack each morning and even then rearrange my route so I never pass within 1,000 feet of a K-12 school private or public.

  11. #11
    Distinguished Member Array GWRedDragon's Avatar
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    18 USC 922 (q) was found to be unconstitutional by the Supreme Court. See:

    United States v. Lopez - Wikipedia, the free encyclopedia

    Only state law applies to this question. NH law does not appear to ban carrying in schools, but that is just from a brief look at the common websites on the topic.
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  12. #12
    Member Array Tim the Teacher's Avatar
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    In Texas, unless the school parking lot is posted with the legal sign you can carry on to the lot. It must remain in the vehicle. Our school resource officer knows I have a CHL and a loaded weapon in my car.

  13. #13
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    Actually in Texas, you can carry in the parking lot or on the open school grounds, as long as you are not attending a school sponsored function or sporting event. It only becomes illegal if you enter one of the school buildings.
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  14. #14
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    IF you have a NH resident license, it seems to me that 18 USC 922 2(B)(ii) protects you from a potential federal charge:

    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

    I may be missing something? Your state law would, of course, also apply.
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  15. #15
    Senior Member Array gddyup's Avatar
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    There is no law in NH that states you cannot carry in school. NH RSA is really only specific to court houses in which you cannot carry. I have gone over this with multiple different people. NRA instructors, local LEO, and lawyers and all have stated to me that it is not afoul of the law to carry in a school zone in NH. I drop my son off at school 3-4 times a week and havenever disarmed myself to do so. Nor will I in the future until NH changes the RSA to strictly prohibit it.
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