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School zones

davidmcbeth

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not really sure, I actually don't even know if we currently have any type of law in regards to storage of a firearm in a vehicle. I actually just posted something rather long in the thread about the CPTV/NPR live panel discussion.
with my above post about leaving myself unarmed, I was on my motorcycle that day, so yeah... no possible way to leave it in my "vehicle" :p

Here's one:

See 29-38 :)

Sec. 29-38. Weapons in vehicles. Penalty. Exceptions. (a) Any person who knowingly has, in any vehicle owned, operated or occupied by such person, any weapon, any pistol or revolver for which a proper permit has not been issued as provided in section 29-28 or any machine gun which has not been registered as required by section 53-202, shall be fined not more than one thousand dollars or imprisoned not more than five years or both, and the presence of any such weapon, pistol or revolver, or machine gun in any vehicle shall be prima facie evidence of a violation of this section by the owner, operator and each occupant thereof. The word "weapon", as used in this section, means any BB. gun, any blackjack, any metal or brass knuckles, any police baton or nightstick, any dirk knife or switch knife, any knife having an automatic spring release device by which a blade is released from the handle, having a blade of over one and one-half inches in length, any stiletto, any knife the edged portion of the blade of which is four inches or more in length, any martial arts weapon or electronic defense weapon, as defined in section 53a-3, or any other dangerous or deadly weapon or instrument......continues


If one is looking at interstate transportation, then 29-38(d) is a sub-section about that
 
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motoxmann

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^yes, I know that law. I was referring to a gun being in a vehicle for any amount of time where nobody is in the vehicle. I am not aware of any such law deeming that illegal in any way, or any law specifying how it must be done if it does need to be done.
 

Rich B

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^yes, I know that law. I was referring to a gun being in a vehicle for any amount of time where nobody is in the vehicle. I am not aware of any such law deeming that illegal in any way, or any law specifying how it must be done if it does need to be done.

Only that it must be secure from access by minors.

Sec. 29-37i. (Formerly Sec. 29-37c). Responsibilities re storage of loaded firearms with respect to minors. No person shall store or keep any loaded firearm on any premises under his control if he knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor unless such person (1) keeps the firearm in a securely locked box or other container or in a location which a reasonable person would believe to be secure or (2) carries the firearm on his person or within such close proximity thereto that he can readily retrieve and use it as if he carried it on his person. For the purposes of this section, "minor" means any person under the age of sixteen years.

Sec. 53a-217a. Criminally negligent storage of a firearm: Class D felony. (a) A person is guilty of criminally negligent storage of a firearm when he violates the provisions of section 29-37i and a minor obtains the firearm and causes the injury or death of himself or any other person. For the purposes of this section, "minor" means any person under the age of sixteen years.

(b) The provisions of this section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

(c) Criminally negligent storage of a firearm is a class D felony.
 

hermannr

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Nor does it say that your pistol permit is adequate.

It is interesting that the jury instruction states you must "knowingly". With your thought process, you would be guilty/ With my thought process (that which is not specifically forbidden, is permitted) I would not be guilty.

The word "licensed" is the key...if there is nothing in CT law that is a specific "license to carry in a school zone". To my knowledge there is no such specific provision in CT law... therefore, I would be of the opinion that you license to carry, would license you to carry in a school zone...I do know you would not be in violation of the Federal law if you had a CT license to carry, and you were in a CT school zone.

It appears that the law was changed in 98 and that change "muddied" the waters a bit. go to www.handgunlaw.us, and click on Gary's link. Gary seems to think that the "safe" interpertation is not carry on school ground.

I do not practice law in CT, nor do I have a license to do so, but personally, if I have a CT license to carry, I would not worry about dropping off or picking up my child. I would not go walking around, and I would not enter a building, without the agreement of the school administration.
 

davidmcbeth

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It is interesting that the jury instruction states you must "knowingly". .

Little is actually required for them to establish "knowingly", surprising little.

But if you actually had no knowldge ... like 1 person had the car before and tossed a firearm into the trunk and did not tell you. Then you could have that person testify to this fact and you may be OK. MAYBE...the jury will believe him? Maybe. Maybe not.

Other option is to park outside the zone and walk to the location. I had to do this with an employer who did not want guns on his land .. so when I wanted to do some plinking during lunch I would park outside his property.
 

Shawn Mitola

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I'll look into this again but I seem to remember that in general you could store your firearm in your vehicle as long as it was secured. There was a stipulation to it though that a property owner could prevent you from being allowed to store a firearm in your vehicle if the lot you parked in was fenced and secured. I looked it up because of where I work. I am forbidden to have firearms anywhere on the property even in my vehicle; however we have armed security and restricted access to the factory. I'll see if I can find the statute I was reading.
 

Shawn Mitola

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http://www.cga.ct.gov/2006/rpt/2006-R-0658.htm

Found this in relation to having a gun on school property. Note the last sentence.

1. person for use in a program approved by school officials that is on school property or at a school-sponsored activity (e.g. fire-arm safety program);

2. person in accordance with an agreement between the person or person's employer and the school district (e.g. security guard);

3. peace officer while engaged in the performance of his official duties; and

4. person while traversing school premises for the purpose of gaining access to public or private lands open to hunting or other lawful purposes, if the entry is authorized by the board of education and the weapon is unloaded (CGS § 53a-217b).

When this law was originally enacted in 1992, there was an additional exception for the lawful possession of a firearm by a person holding a valid state or local permit. However, this exception was eliminated in 1998
 

BFDMikeCT

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Apr 19, 2012
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Bridgeport, CT
But in what I read it says licensed to do so and we( permit holders) are licensed to carry. Again it doesn't say that our permit is not adequate just as it doesn't say that you can open carry. However we know that because it doesn't say we can't open carry that we are allowed. There for IMHO it doesn't say our license is not a valid license for school zones so it should be.
 

Rich B

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I'll look into this again but I seem to remember that in general you could store your firearm in your vehicle as long as it was secured. There was a stipulation to it though that a property owner could prevent you from being allowed to store a firearm in your vehicle if the lot you parked in was fenced and secured. I looked it up because of where I work. I am forbidden to have firearms anywhere on the property even in my vehicle; however we have armed security and restricted access to the factory. I'll see if I can find the statute I was reading.

I am confident that there is nothing like this.
 

SPOProds

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But in what I read it says licensed to do so and we( permit holders) are licensed to carry. Again it doesn't say that our permit is not adequate just as it doesn't say that you can open carry. However we know that because it doesn't say we can't open carry that we are allowed. There for IMHO it doesn't say our license is not a valid license for school zones so it should be.

This has always been my opinion. We are the minority though.
 

motoxmann

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How do we get a definitive answer on it? A lawyer?

yes, that would finalise the debate.

BUT, I'm not a lawyer but I am fairly good at interpreting laws as written, and it appears as if: all the legislature and OCR reports state, the only way ANYone (non- peace officer) can bring a gun onto school property is if they have specific permission directly from the school district. and I would say it's safe to assume that person must also hold a valid permit to carry if the gun in question is a handgun.
 

brk913

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All you have to do is look at the history of the statute to understand the intent, at one time (prior to 1998) individuals who held CT Pistol Permits were allowed on school grounds as they were exempted just like a peace officer is today. They removed that specific wording and exemption in 1998.
 

SPOProds

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All you have to do is look at the history of the statute to understand the intent, at one time (prior to 1998) individuals who held CT Pistol Permits were allowed on school grounds as they were exempted just like a peace officer is today. They removed that specific wording and exemption in 1998.

IMO intent means nothing. Actual wording means everything. The intent could have been just to condense the statute because it was redundant.

Statute says you must be licensed. Doesn't specify what kind, my assumption would be a pistol permit.

Statute also say privileged, there is nothing that says what gives a person privilege. There is also no definition if privilege, that i can find, in the statutes. My assumption is my permit makes me privileged. I have not been informed of losing this privilege so i am still privileged.

Just my thought. Could be right, could be wrong. I AM NOT A LAWYER AND IF YOU GET ARRESTED FOLLOWING MY ADVICE I HAVE NO MONEY TO HELP PAY LAWYER FEES NOR DOES MY ADVICE SERVE AS LEGAL OPINION.
 
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