Concealed carry in school zones

This is a discussion on Concealed carry in school zones within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is from opencarry.org and I'm not sure how it should be interpreted. NOTE: The Federal Gun-Free School Zones Act Restricts Carry to Permit Holders ...

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Thread: Concealed carry in school zones

  1. #1
    Member Array NECCdude's Avatar
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    Concealed carry in school zones

    This is from opencarry.org and I'm not sure how it should be interpreted.

    NOTE: The Federal Gun-Free School Zones Act Restricts Carry to Permit Holders

    Is this interpreted to mean that permit holders can't carry into/through a school zone or that permit holders are allowed to carry into/through school zones?

    From Nebraska statutesl:

    018.06 Except as prohibited by federal law, a permit holder may carry a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area which is open to the public and used by any of the places or premises listed in Section 018.01 above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle.

    Section 018.01 has subsections of which a school zone is listed in one of them.

    It's my interpretation that a permit holder can carry into a school zone as long as the gun isn't removed from the vehicle and locked away (as described above) before getting out of the vehicle and you're parked on a public roadway or public parking lot.

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  3. #2
    Senior Member Array patri0t's Avatar
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    Check with the State's Attorney General's Office, any other source is secondary, at best.

    Many States allow various CPL citizens to carry on school property &/or school events off school property. Some only allow open carry.

    In my State, the AG allows the School District's Superintendent to make such decisions as school policy regarding armed teachers, employees, parents, visitors, etc.
    'Gun-Free-Zones' require a special permit from the State's AG, but expire in 4 90 days, renewal is cost prohibitive.
    However, 40% of our schools have had armed staff for the past decade. But, I moved to a Free State.

    NE is a Free State, I just do not know their particulars.

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    Member Array GunSafeAcademy's Avatar
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    You are reading that section correctly. You can carry into the public parking lot of prohibited places listed in section 018.05 (including the school) in A VEHICLE, so long as the firearm is not removed from the vehicle. This means you can park in the lot on school property and have the gun on your hip, or pull through the drop off lane with the gun on your hip, and that's legal. If you get out of the car, you have to secure it in the car, you can't carry on school grounds or into the building if you're out of your car.

    If you are going to secure it, get a steel gun safe with a cable like you talked about in your November post. The glove box, console, and trunk are not adequate without a safe. I'm assuming you made it through the appeals process and have the permit now?

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    Member Array Djroulette's Avatar
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    From what I understand, the GFZ act. Allows for permit holders to carry in schools. As long as the permit you have is issued by the state the school is in.

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    Member Array NECCdude's Avatar
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    Quote Originally Posted by GunSafeAcademy View Post
    You are reading that section correctly. You can carry into the public parking lot of prohibited places listed in section 018.05 (including the school) in A VEHICLE, so long as the firearm is not removed from the vehicle. This means you can park in the lot on school property and have the gun on your hip, or pull through the drop off lane with the gun on your hip, and that's legal. If you get out of the car, you have to secure it in the car, you can't carry on school grounds or into the building if you're out of your car.

    If you are going to secure it, get a steel gun safe with a cable like you talked about in your November post. The glove box, console, and trunk are not adequate without a safe. I'm assuming you made it through the appeals process and have the permit now?
    Thanks for the info. State law says that the glove box is adequate but I know that portable gun safes secured to the vehicle is a better choice.

    I'm not the one in Omaha that has the appeal going on. I got my CHP in mid-July of this year (no appeal necessary). So far, I've stayed out of trouble and plan to stay that way.

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    Member Array uberrogue's Avatar
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    It's like that in Colorado too.... needs to be double locked. Only people allowed to carry are leo and paid security guards... Google Dove Creek School. Super and Principal put themeselves on the payroll as security guards with an annual salary of $1.00 and now they carry... too bad not many school districts see the Gun Free Zones as Target Rich Zones.

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    Senior Member Array sdprof's Avatar
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    Quote Originally Posted by Djroulette View Post
    From what I understand, the GFZ act. Allows for permit holders to carry in schools. As long as the permit you have is issued by the state the school is in.
    You're only partially correct. GFSZA allows those with permits issued in the state in question to posses firearms within the 1000 foot school zone (extending 1000 feet from perimeter of school property) Whether once can possess a firearm on the school premises (building, parking lots, etc) is a matter for the respective state law.

    The big catch in GFSZA is that a permit issued by another state DOES NOT allow for one to enter into the 1000 foot zone. So most any of us that travel out of our home states are bound to run afoul of that law, in the strictest sense. You can't drive through any urban area and not be within 1000 feet of a school somewhere along major routes.
    ~~~~~
    The only common sense gun legislation was written about 224 years ago.

    I carry always not because I go places trouble is likely, but because trouble has a habit of not staying in its assigned zone.

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by NECCdude View Post
    This is from opencarry.org and I'm not sure how it should be interpreted.

    NOTE: The Federal Gun-Free School Zones Act Restricts Carry to Permit Holders

    Is this interpreted to mean that permit holders can't carry into/through a school zone or that permit holders are allowed to carry into/through school zones?
    It should be interpreted as it was intended: that schools are to be considered as Gun Free Zones, and that licensed carriers are to be exempt from those restrictions unless the resident's state has some restrictions.

    Basically, so long as the state has a formal licensing program and the person in question is licensed, then it's the state's restrictions that matter. For everyone else, it's the Fed code that comes into play.

    So. Know your state's statutes regarding carrying on K-12, university campuses. Know whether your state restricts for universities and colleges as well. Know whether your state's GFZ signage holds the force of law by itself, or whether merely failure to leave when asked constitutes criminal trespass. Know the case law in your state, as sometimes the individual state's statutes and case law is muddy in practice.

    I've lived in various states. In some, carry at K-12+university is verboten. In some, carry at K-12 is verboten, but on university campuses is okay. In others, there aren't any state-based restrictions at all, assuming you're licensed to carry in that state. And, traveling from state to state can make things interesting, if you're heading across any school campuses during such travels (ie, heading to a concert/event at a college in some other state). Know your statutes in the state where you're intending on carrying. That's about as complicated as it gets, but it's what we all must do.
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