Concealed laws pertaining to schools

This is a discussion on Concealed laws pertaining to schools within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hi all, I was wondering if anyone can help me out. I know that it is illegal in AZ to carry on a school grounds ...

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Thread: Concealed laws pertaining to schools

  1. #1
    Distinguished Member Array pcon's Avatar
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    Concealed laws pertaining to schools

    Hi all, I was wondering if anyone can help me out. I know that it is illegal in AZ to carry on a school grounds (primary, secondary and collegiate). What I'm not sure of though, is if that is restricted to only public-funded institutions? I work at a privately funded graduate school and am not sure if I can carry here legally or not. I've asked a few cops before, but they've either not wanted to get into the conversation or gave me the whole "if no one knows you have it, then don't tell anyone". While that's all well and good, I want to make sure that when I carry, I carry legally.

    Help!
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    TOF
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    Here are two sites that should be able to answer your question

    Arizona Department of Public Safety-Concealed Weapons Permit Unit

    Handgunlaw.us
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    Ex Member Array Ram Rod's Avatar
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    I think it's federal law about schools and carry. Whether or not the terms public or private are definitively described is a good question. Webster's dictionary would give us a clear and concise definition of 'school', but we all know very well that technicalities are rather technical. To me, a school is a school and I would imagine encompasses even community colleges and vocational/technical institutions. I could also be wrong. I'll be watching this thread. Excellent question BTW.

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    Member Array bonehead's Avatar
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    I don't believe any distinction is made b/w public and private schools. My interpretation of this would mean it's verboten at ANY school. I would call DPS for clarification.

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    VIP Member Array AllAmerican's Avatar
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    Quote Originally Posted by Ram Rod View Post
    I think it's federal law about schools and carry. Whether or not the terms public or private are definitively described is a good question. Webster's dictionary would give us a clear and concise definition of 'school', but we all know very well that technicalities are rather technical. To me, a school is a school and I would imagine encompasses even community colleges and vocational/technical institutions. I could also be wrong. I'll be watching this thread. Excellent question BTW.
    If its federal, I wonder why folks are trying to get it changed in SC? We're tired of being made into criminals because we pick our kids up from school.

    Im not argung the federal point here but if SC decides its OK to go through the schools parking lot if you are a CWP holder Im wondering how that will play out.

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    Member Array KralBlbec's Avatar
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    For what its worth, my interpretation of http://handgunlaw.us/documents/USOffLimitsA-M.pdf in AZ says that private schools are clear as it specifies public schools and state universities.

    Here in WA it specifies both public and private elementary/secondary school. I assume that if it would say both in AZ too if it applied.

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    Senior Member Array Frogbones's Avatar
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    Well, it was explained to me that here in TX. I could carry in my car, CC on grounds, but once I enter any door (premises) that's when the law is broke and the felony begins.

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    Quote Originally Posted by Ram Rod View Post
    I think it's federal law about schools and carry. Whether or not the terms public or private are definitively described is a good question. Webster's dictionary would give us a clear and concise definition of 'school', but we all know very well that technicalities are rather technical. To me, a school is a school and I would imagine encompasses even community colleges and vocational/technical institutions. I could also be wrong. I'll be watching this thread. Excellent question BTW.
    It's not Federal. It is state by state. In Alabama, the law is written in such a way that makes it legal for a permit holder to carry on school grounds as long as the person has no ill intent. It was tested in Mobile County in the late 19990's and the man arrested for carrying on campus at the elementary school where my kids went got the charges thrown out because he was not breaking the law.

    Quote Originally Posted by KralBlbec View Post
    For what its worth, my interpretation of http://handgunlaw.us/documents/USOffLimitsA-M.pdf in AZ says that private schools are clear as it specifies public schools and state universities.

    Here in WA it specifies both public and private elementary/secondary school. I assume that if it would say both in AZ too if it applied.
    I read that the same way on Hangunlaw.us. I would have to agree but I would sure check it out completely with the state first.
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    Member Array Darkwater's Avatar
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    Quote Originally Posted by Frogbones View Post
    but once I enter any door (premises) that's when the law is broke and the felony begins.
    You can also ask the principal for permission. (know how that would end).

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    Member Array ChiWeiSz's Avatar
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    Yep, and in TX if you have a CHL, you can have your loaded gun in your vehicle - just not in the building. Even if you're a teacher.
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    The Federal law says it is illegal to have a concealed hand gun within 1000 feet or yards, can’t remember which right now, of a school. The exception in the Federal law is that, if you have a state issued carry permit it is up to the state to allow or disallow carrying.

    Therefore each state can craft their own regulations regarding carry, for permit holders, in or around, schools. I live in Oregon and we have no state law regarding carry in schools for CHL holders.

    Brian

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    Member Array Darkwater's Avatar
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    Quote Originally Posted by Brian P View Post
    The Federal law says it is illegal to have a concealed hand gun within 1000 feet or yards, can’t remember which right now, of a school.
    The U.S. Congress once barred guns at schools nationwide, but the U.S. Supreme Court struck the law down, although state and local communities could adopt their own laws. Texas bars guns at schools without the school's permission.

    Harrold Independent School District is going to start allowing teachers to carry in the classroom.

    Perhaps things will get safer!

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    New Member Array Brian P's Avatar
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    Quote Originally Posted by Darkwater View Post
    The U.S. Congress once barred guns at schools nationwide, but the U.S. Supreme Court struck the law down!
    The Gun-Free School Zones Act of 1990 was enacted as section 1702 of the Crime Control Act of 1990 (Pub.L. 101-647, 18 U.S.C. § 922(q)) on November 29, 1990.

    It was subsequently declared to be an unconstitutional exercise of Congressional authority under the Commerce Clause of the United States Constitution by the United States Supreme Court, and was therefore voided. This case, United States v. Lopez (1995), was the first time in over half a century that the Supreme Court limited Congressional authority to legislate under the Commerce Clause.

    Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding section 3(A) placing the burden on the prosecutor to prove an additional element that the gun, " has moved in or otherwise affects interstate commerce."[1].

    The amended federal Gun Free School Zones Act says, in part…

    (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;


    Definitions
    The term school zone means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    The term school means a school which provides elementary or secondary education, as determined under State law.

    Brian

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    Senior Member Array 380ACP's Avatar
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    Quote Originally Posted by TN_Mike View Post
    It's not Federal. It is state by state. In Alabama, the law is written in such a way that makes it legal for a permit holder to carry on school grounds as long as the person has no ill intent. It was tested in Mobile County in the late 19990's and the man arrested for carrying on campus at the elementary school where my kids went got the charges thrown out because he was not breaking the law.
    I went to the state Alabama State laws myself...and you're right...

    c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.

    d) Possession of a deadly weapon with intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.

    e) Law enforcement officers are exempt from this restriction, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from provisions of subsection (c) of this section.

    Having read this over several times...there is no different way to interpret it other than a person with a concealed carry permit is allowed to carry on campus.

    Then again, on the back of my permit, it says that "Your permit is void in certain buildings / properties under control of municipal, county, state, or federal authorities." Which would include public schools, but not colleges, right? Is it legal to carry on college grounds in Alabama?
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    VA law prohibits carry in all elementary, middle and high schools, be it public, private or parochial. Colleges and university's are allowed to set their own rules.
    I could swear at one time I read Virginia Commonwealth University was also off limits by law, but cannot find it now.
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