From the Shadows

I have been a forum lurker for so long I feel as though I know some of you personally. I figure it is time to come out from the shadows and participate in some of these discussions.

I try to open carry as often as possible but I am still much more comfortable with concealed carry, I hope that will change over time.

The one thing I am still confused on is open carry within 1000ft School Zone. I have seen posts of people saying this doesn't apply to people with a CCW. Does anyone know of statutes (Federal or State) that back up this argument?

Hi, ColoradoTech - Welcome to the forums!

The Wikipedia entry has cites of the law, as well as the text, and copies of the BATF letters which wrongly (in my opinion) make claims contrary to the law.

The crux of the issue is:

The Gun Free School Zones Act states:
(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;

As since9 posted to carry in a school zone you must be licensed by the state. The method of carry is not covered.

That helps but I don't like how murky the language is. It could easily be read that you have to be licensed to carry in a school zone by the state, and our license grants no such thing (short of stowing it in your car while you are on school grounds). Does anyone know of someone being ticketed or arrested for such a violation (that had a ccw)?

Seth

I am not licensed for concealed carry, but I am backed up to an elementary school. To be honest I don't pay any attention as I drive up and down the streets in my daily ramblings. Even on my scooter. (that's right, I ride a scooter )

jhco50 said:

I am not licensed for concealed carry, but I am backed up to an elementary school. To be honest I don't pay any attention as I drive up and down the streets in my daily ramblings. Even on my scooter. (that's right, I ride a scooter )

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Ain't nothin' wrong with a scooter. In the metro area it really is all you need.

40 miles per hour. 100 miles per galon. $100 per year to insure. You can park it anywhere for free. I don't see why everyone don't have one.

ColoradoTech said:

That helps but I don't like how murky the language is. It could easily be read that you have to be licensed to carry in a school zone by the state, and our license grants no such thing (short of stowing it in your car while you are on school grounds). Does anyone know of someone being ticketed or arrested for such a violation (that had a ccw)?

Seth

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A CCW issued by the state trumps the 1000' School Zone. You still cannot carry, open or concealed, on the 'real property' of the school but can have/leave it in your car with a CCW. If you have a CO CCW, don't worry about it. Even without a CCW, on your property or in your car is ok. Just don't take it out of the car. Technically, as I live within 1000' of a school, when I step on the street to get my mail carrying a pistol, I violate the law. However, as I have a CCW, that is an affirmative defense.