Living near and elementary school and CC'ing

This is a discussion on Living near and elementary school and CC'ing within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My wife and I sold our old house and bought a new house this last February for two reasons. First it had a swimming pool ...

Results 1 to 14 of 14

Thread: Living near and elementary school and CC'ing

  1. #1
    Member Array pschultheis's Avatar
    Join Date
    Oct 2009
    Location
    Clovis Ca
    Posts
    26

    Living near and elementary school and CC'ing

    My wife and I sold our old house and bought a new house this last February for two reasons. First it had a swimming pool and second it was very close to a wonderful elementary school that we wanted our daughter to go to when she started Kindergarten this last August. I never thought much of it and have been CC’ing for years. Today, as I was driving from my house I spotted for the first time a sign listing all the restrictions on and around the schools property that includes firearms within 1000 feet of the school.

    So my question to you is this. Am I breaking the law every time I walk to my truck in my driveway with one of my carry weapons on my hip? Am I risking my permit? What about when I carry my deer rifle to the truck early in the morning for a day in the mountains? What about when I go get the mail and end up closer to that sign and the school grounds off my property and on foot? I drive within 50 feet of the sign every dang time I come and go.

    I will be honest; I don’t intend to ask any questions locally and will continue doing what I have been doing. That being said I will take extra precautions that I am not made anywhere near my home.

    Thanks for the input.

    Paul

  2. Remove Ads

  3. #2
    Senior Member Array Jackle1886's Avatar
    Join Date
    Mar 2008
    Location
    Kendall, MI
    Posts
    941
    I would think that the 1000' law would be pertaining to hunting and OC'ing. If you are on your property then there really isn't much anyone can say. If you are legally CC'ing, why would anyone even know? And if your taking a gun in or out to your car on YOUR PROPERTY, then no one should be able to bother you. If they do, you have a major law suit on your hands. If it really concerns you, talk to a lawyer in your state.
    Better to die on your feet, than to live on your knees.

  4. #3
    Senior Member
    Array Blue Thunder's Avatar
    Join Date
    Aug 2009
    Location
    In the Gun Room
    Posts
    928

    CCW Near a School??

    The way I look at it this is one of the Don't Ask, Don't Tell issues. I CCW and keep a gun in my car and 3 days a week I pick up my Grandaughter at School with the gun in the car but not on me. The signs say Gun Safe Area around the school, which means the BG can have one but I cannot. I have it in my Castle, loaded and not on me. If asked, I do not have one and will not consent to a search in the state of Georgia. I am within my rights on both counts. I also carry in public everywhere except to Church.
    Praise the Lord my Rock, who trains my hands for war, my fingers for battle --- Psalm 144
    NRA Endowment Life
    There are NO Silver Medals for Street Combat
    Blue Thunder

  5. #4
    Senior Member Array Jackle1886's Avatar
    Join Date
    Mar 2008
    Location
    Kendall, MI
    Posts
    941
    MI has adjusted the law so you can carry in the parking lot if picking up someone from school. But not into the building.
    Better to die on your feet, than to live on your knees.

  6. #5
    Member Array fireman836's Avatar
    Join Date
    Jan 2009
    Location
    Eastern Shore, VA
    Posts
    171
    IANAL and don't know Cali law. The federal school law has an exemption for CHP holders. Check state law. In VA we can drive on school property to pickup and drop off as long as we stay in the car.

    I carry a bible and a gun. Your Point?

    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")

  7. #6
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    44,529
    You need to check your state laws and stay legal.
    In FL it's not illegal to drive onto school property (armed) and drop off or pick up one's children...certainly driving by is not illegal either.

    On your property...your car is on your property...you get in an leave, you should be legal. Does everyone who has a permit and a firearm driving by the school break the law?
    I'm sure that the 1000 foot limit pertains to drugs and alcohol also, do you drive by with packaged beer and drugs from the pharmacy?
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  8. #7
    Senior Member Array puncho's Avatar
    Join Date
    Aug 2008
    Location
    South
    Posts
    521
    Depends on the LEO that arrives at the scene...

  9. #8
    Member Array Keith92555's Avatar
    Join Date
    Nov 2009
    Location
    California
    Posts
    35

    Be careful in Ca.

    This is a problem area in California in particular.

    You are OK with your CCW in a school zone (see highlighted sections below, in particular subsection (c)(4) ). Where I would be extreeeemely careful is with open carry and loading weapons in your car. See Theuses Case: The bare facts? - Calguns.net If you are going to be loading weapons into the car, DO NOT carry them to the curb. Bring the car into the driveway, or even better the garage, and load up there. If it is your carry weapon and concealed you should be GTG.

    626.9. (a) This section shall be known, and may be cited, as the
    Gun-Free School Zone Act of 1995.
    (b) Any person who possesses a firearm in a place that the person
    knows, or reasonably should know, is a school zone, as defined in
    paragraph (1) of subdivision (e), unless it is with the written
    permission of the school district superintendent, his or her
    designee, or equivalent school authority, shall be punished as
    specified in subdivision (f).

    (c) Subdivision (b) does not apply to the possession of a firearm
    under any of the following circumstances:
    (1) Within a place of residence or place of business or on private
    property, if the place of residence, place of business, or private
    property is not part of the school grounds and the possession of the
    firearm is otherwise lawful.
    (2) When the firearm is an unloaded pistol, revolver, or other
    firearm capable of being concealed on the person and is in a locked
    container or within the locked trunk of a motor vehicle.
    This section does not prohibit or limit the otherwise lawful
    transportation of any other firearm, other than a pistol, revolver,
    or other firearm capable of being concealed on the person, in
    accordance with state law.

    (3) When the person possessing the firearm reasonably believes
    that he or she is in grave danger because of circumstances forming
    the basis of a current restraining order issued by a court against
    another person or persons who has or have been found to pose a threat
    to his or her life or safety. This subdivision may not apply when
    the circumstances involve a mutual restraining order issued pursuant
    to Division 10 (commencing with Section 6200) of the Family Code
    absent a factual finding of a specific threat to the person's life or
    safety. Upon a trial for violating subdivision (b), the trier of a
    fact shall determine whether the defendant was acting out of a
    reasonable belief that he or she was in grave danger.
    (4) When the person is exempt from the prohibition against
    carrying a concealed firearm pursuant to subdivision (b), (d), (e),
    or (h) of Section 12027.

  10. #9
    Member Array ncglock's Avatar
    Join Date
    Jan 2009
    Location
    Durham, NC
    Posts
    319
    Another great example of different states with their different rules.. for example in California, you can carry on school grounds... North Carolina, not a chance.

  11. #10
    Distinguished Member Array MinistrMalic's Avatar
    Join Date
    Dec 2008
    Location
    Phoenix, AZ
    Posts
    1,414
    Every state is different, and IANAL, but I would think that on your own property you shouldn't have a problem. Check the local statutes, but just CA law as CA does not have uniform laws on guns throughout the state. Every county is different.

    In AZ carrying in the car is acceptable on school grounds, but that will not help you in court if you violate that in CA! So get REALLY familiar with state and local ordinances.
    "...whoever has no sword is to sell his coat and buy one." (Luke 22:36)
    Christianity and Self Defense from a Biblical Perspective

  12. #11
    Member Array BriNik's Avatar
    Join Date
    Nov 2009
    Location
    H.W. Michigan
    Posts
    52
    Quote Originally Posted by Jackle1886 View Post
    MI has adjusted the law so you can carry in the parking lot if picking up someone from school. But not into the building.

    and only if you are their legal guardian.
    NRA Member
    Glock 19,26
    S&W 340PD

  13. #12
    Distinguished Member Array nutz4utwo's Avatar
    Join Date
    Nov 2007
    Location
    yes
    Posts
    1,644
    take a look at this thread and read Janq's excellent post:

    http://www.defensivecarry.com/vbulle...-have-gun.html

    It quotes the federal law that makes the 1000 foot school zone and some specific recent examples.
    "a reminder that no law can replace personal responsibility" - Bill Clinton 2010.

  14. #13
    Member Array Chunkychuck's Avatar
    Join Date
    Apr 2009
    Location
    Minnesota
    Posts
    42
    Quote Originally Posted by fireman836 View Post
    IANAL and don't know Cali law. The federal school law has an exemption for CHP holders. Check state law. In VA we can drive on school property to pickup and drop off as long as we stay in the car.

    There is one important thing to note about the Federal Act as it relates to CHP. Your permit must be issued by the state the school zone is in. An out-of-state permit is not exempted.

    (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;

  15. #14
    Member Array Keith92555's Avatar
    Join Date
    Nov 2009
    Location
    California
    Posts
    35
    Quote Originally Posted by ncglock View Post
    Another great example of different states with their different rules.. for example in California, you can carry on school grounds... North Carolina, not a chance.
    Does the NC legislature bury its head in the sand every time there is a school shooting? For crying out loud, how many school shootings does there have to be before they pull their heads out from where the sun doesn't shine? The first mass shooting that I can think of was the University of Texas tower shooting (Abilene was it?). It keeps happening over and over and over again culminating in the Virginia shooting recently. The bad guys, terrorists, and freaks know where the are stacked the thickest and they will keep shooting up schools until the lawmakers wake the hell up!!

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. Firearm Safety in VA Elementary schools
    By PRSOrator in forum The Second Amendment & Gun Legislation Discussion
    Replies: 4
    Last Post: May 3rd, 2010, 06:45 PM
  2. firearms education/Eddie Eagle in elementary school
    By DaveH in forum The Second Amendment & Gun Legislation Discussion
    Replies: 1
    Last Post: March 6th, 2010, 03:35 PM
  3. Teacher carjacked at elementary school
    By paramedic70002 in forum In the News: The Good, the Bad and the Ugly
    Replies: 13
    Last Post: November 15th, 2008, 06:03 PM
  4. Teacher drops gun at elementary school
    By David in FL in forum Concealed Carry Issues & Discussions
    Replies: 3
    Last Post: December 13th, 2007, 08:18 AM
  5. Grenade in a Tx Elementary school
    By Flippinstk in forum General Firearm Discussion
    Replies: 15
    Last Post: April 25th, 2007, 04:10 PM

Search tags for this page

can you conceal carry when living across from an elementary school
,
is it good to live near an elementary school
,
issues with living next to a school
,
live next to elementary school
,
living across from an elementary school
,
living beside elementary school
,

living near an elementary school

,

living near elementary school

,

living next to a school with guns

,

living next to an elementary school

,

living next to elementary school

,
problems with living next to a school
Click on a term to search for related topics.