18 USC 922(q)(2) Federal Law - 1000 feet of a school zone

This is a discussion on 18 USC 922(q)(2) Federal Law - 1000 feet of a school zone within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I just became aware of 18 USC 922(q)(2) which prohibits possession of a firearem within 1000 feet of a school zone. The good news is ...

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Thread: 18 USC 922(q)(2) Federal Law - 1000 feet of a school zone

  1. #1
    Senior Member Array cwblanco's Avatar
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    18 USC 922(q)(2) Federal Law - 1000 feet of a school zone

    I just became aware of 18 USC 922(q)(2) which prohibits possession of a firearem within 1000 feet of a school zone. The good news is that statute includes an exception for those who are liscensed to carry. The bad news is likely to apply to those who have no permit. I wonder how many non-permitted Texans are improperly relying on the state law that permits a firearm in a vehicle without a permit.

    ==============

    18 USC 921(a)(25) The term “school zone” means

    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    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.

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    There are probably many, not only in TX but in other states that have similar laws. Of course if they do the research they should before carrying they hopefully would be aware of the laws that affect carrying.

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    VIP Member Array AllAmerican's Avatar
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    Then why are we duking it out in SC about car carry while picking up our children from school?

    BTW, S593 will allow us to have our weapon on property while picking up the kids but we will have to remove it from the holster and place it in a glove box or console.

    So if passed, anyone will be able to have their weapon on school grounds to pick up the kids if the weapon is transported according to current law.

    More BS is what it is.
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    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by AllAmerican View Post
    Then why are we duking it out in SC about car carry while picking up our children from school?

    BTW, S593 will allow us to have our weapon on property while picking up the kids but we will have to remove it from the holster and place it in a glove box or console.

    So if passed, anyone will be able to have their weapon on school grounds to pick up the kids if the weapon is transported according to current law.
    However, South Carolina's proposed statute will not supecede Federal 18 USC 922 [1000 feet of a school], and will be of no benefit to parents without a concealed carry permit.

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    VIP Member Array AllAmerican's Avatar
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    Quote Originally Posted by cwblanco View Post
    However, South Carolina's proposed statute will not supecede Federal 18 USC 922 [1000 feet of a school], and will be of no benefit to parents without a concealed carry permit.
    I think you may be mistaken. Word Im getting from Grass Roots is that anyone may go onto the grounds as long as the gun is transported in a glove box or console. So, no it doesnt just apply to CWP holders.
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    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by AllAmerican View Post
    I think you may be mistaken. Word Im getting from Grass Roots is that anyone may go onto the grounds as long as the gun is transported in a glove box or console. So, no it doesnt just apply to CWP holders.
    Go back and read the Federal statute. Unless you have a CWP permit, it must be both unloaded and locked up. I assume that a locked glove box or console would comply.

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    It does.
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    Question Then there is the "the"s

    Quote Originally Posted by cwblanco View Post
    I just became aware of 18 USC 922(q)(2) which prohibits possession of a firearem within 1000 feet of a school zone. The good news is that statute includes an exception for those who are liscensed to carry. The bad news is likely to apply to those who have no permit. I wonder how many non-permitted Texans are improperly relying on the state law that permits a firearm in a vehicle without a permit.
    There is another worry.

    Note the "the"s

    (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;
    Some antis are contending that "the" means that out-of-State recognition & reciprocity does not permit carry.

    Don't know of a court case, yet.
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    Member Array C Paul Lincoln's Avatar
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    I did some research on this last year (I work in the school security field), and couldn't find an instance where anybody had been charged or prosecuted under this federal statute. The intent seems to have been to compel the states to pass gun free school zone laws.

    There are so many violations of this law during hunting season that it isn't reasonable to even try to enforce it.

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    Member Array alienbogey's Avatar
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    I have a vague memory of reading that that law was overturned by a court or rendered moot in some fashion......sorry I can't be any more specific than that, but I do recall that law not being current.

    Perhaps someone more versed can chime in.

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    Quote Originally Posted by alienbogey View Post
    I have a vague memory of reading that that law was overturned by a court or rendered moot in some fashion......sorry I can't be any more specific than that, but I do recall that law not being current.

    Perhaps someone more versed can chime in.
    Supreme court in 2005

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    Heck I live across from a elamentry school 16 yrs had CWL for 7
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    Quote Originally Posted by alienbogey View Post
    I have a vague memory of reading that that law was overturned by a court or rendered moot in some fashion......sorry I can't be any more specific than that, but I do recall that law not being current.

    Perhaps someone more versed can chime in.
    If I remember correctly it was not the complete law that was ruled unconstitutional, just one part of it.

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    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by archer51 View Post
    If I remember correctly it was not the complete law that was ruled unconstitutional, just one part of it.
    After further searching, I have learned that you are indeed correct. In the case of United States v. Lopez the U.S. Supreme Court did rule that the school zone statute was unconsititutional because the school zone had nothing to do with interstate commerce.

    I am glad that you (and others) pointed that out. The statute is still on the books, but the school zone portion is unconstitutional, so says the United States Supreme Court.

    That case plus the more recent Heller case suggests that the Supreme Court falls in the right direction much of the time.

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    I live within 1000 feet of 2 schools,as soon as I leave my house and drive in any direction
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