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Thread: GFSZ/private property question

  1. #1
    Regular Member Blueslant's Avatar
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    GFSZ/private property question

    So I am currently looking at a new house with my wife, and I just had a question pop up. Thought someone here may happen to know the answer off hand or have material they could cite for it.

    The property line of the new back yard is shared with the sports field for an elementary school. So over my fence, is exclusive school property. Does the 1990 GFSZ have any impact on my private property?

    I figured I would ask here before trying to deal with Federal LE.

    Thanks in advance.

  2. #2
    Opt-Out Members BigDave's Avatar
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    Private property is just that and there is no issue of having weapons.
    The only issue is off your property and within the School Zone Restriction of 500 ft., which is relieved with just having your CPL.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
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    Regular Member Blueslant's Avatar
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    Thanks. I remember reading somewhere that there is an exemption for passing through a GFSZ with a firearm, but I was just unsure of any stipulations for being within that zone on private property. Probably a silly question, but I felt that is was worth looking into before I sunk money into property.

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    Quote Originally Posted by Blueslant View Post
    Thanks. I remember reading somewhere that there is an exemption for passing through a GFSZ with a firearm, but I was just unsure of any stipulations for being within that zone on private property. Probably a silly question, but I felt that is was worth looking into before I sunk money into property.
    I believe the limitation on possession under the Act is within 1000 feet of a school zone. The Act was ruled unconstitutional sometime ago in the Lopez case, with the U.S. Supreme Court finding that Congress' powers under the Commerce Clause did not extend to banning gun possession, and that the issue was left to the States.

    Congress tweaked the law a bit, but there is legal opinion that the Act is still unconstitutional. However, there haven't been any cases to settle the matter since Congress reinvented the law.

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    Regular Member SpyderTattoo's Avatar
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    You need to cite a source for this statement.
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  6. #6
    Opt-Out Members BigDave's Avatar
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    Quote Originally Posted by ed2276 View Post
    I believe the limitation on possession under the Act is within 1000 feet of a school zone. The Act was ruled unconstitutional sometime ago in the Lopez case, with the U.S. Supreme Court finding that Congress' powers under the Commerce Clause did not extend to banning gun possession, and that the issue was left to the States.

    Congress tweaked the law a bit, but there is legal opinion that the Act is still unconstitutional. However, there haven't been any cases to settle the matter since Congress reinvented the law.
    Yes it is 1000 ft.

    Text of the law

    The Gun Free School Zones Act states:[6]

    (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.

    (3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm—

    (i) on private property not part of school grounds;

    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;

    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or

    (iv) by a law enforcement officer acting in his or her official capacity.

    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
    Definitions

    Title 18 U.S.C. §921(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. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
    • Being prepared is to prepare, this is our responsibility.
    • I am not your Mommy or Daddy and do not sugar coat it but I will tell you simply as how I see it, it is up to you on how you will or will not use it.
    • IANAL, all information I present is for your review, do your own homework.

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    Quote Originally Posted by SpyderTattoo View Post
    You need to cite a source for this statement.
    United States vs. Lopez, 514 U.S. 549 (1995)

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    Regular Member Blueslant's Avatar
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    Thank you for the excellent responses. This has helped me greatly and we have moved forward with the purchase.

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