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Thread: Need help interpreting this letter.

  1. #1
    Regular Member renoglock22's Avatar
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    Need help interpreting this letter.

    http://upload.wikimedia.org/wikipedi...za1995_ccw.pdf

    From my understanding of this letter from the ATF, if you have a CCW permit you are permitted to carry in a school zone and the GFSZA doesn't apply. Am I reading this right?

  2. #2
    Campaign Veteran MAC702's Avatar
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    Yes, that is the interpretation.

    I've not dissected it myself, but many are also going with the interpretation that you must be licensed by the state in which the school is located. In other words, if you are a WV resident on vacation in NV, your WV CCW permit is recognized here, but your exemption to the FGFSZ is not.

    Also keep in mind, that this is completely unenforced in NV and most of the free states unless you are a gang-banger or drug dealer or something.

    You can open carry without a permit in these FGFSZ's here, and no one will care (assuming you are not loitering.)
    Last edited by MAC702; 12-30-2012 at 05:31 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  3. #3
    Regular Member renoglock22's Avatar
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    Quote Originally Posted by MAC702 View Post
    Yes, that is the interpretation.

    I've not dissected it myself, but many are also going with the interpretation that you must be licensed by the state in which the school is located. In other words, if you are a WV resident on vacation in NV, your CCW permit is recognized here, but your exemption to the FGFSZ is not.

    Also keep in mind, that this is completely unenforced in NV and most of the free states unless you are a gang-banger or drug dealer or something.

    You can open carry without a permit in these FGFSZ's here, and no one will care (assuming you are not loitering.)

    Thank you. I know NV doesn't enforce this act but to be protected from federal charges if a gung ho LEO wanted to start something (especially after the CT shooting) or if a teacher freaked out and called the cops, I would have to conceal.

    Mostly I am just surprised that the government would put something in like that.

    I just read through NRS 202.3673 again and it says that conceal carry at public schools is prohibited. Does the GFSZA trump this or is it still illegal for me to conceal due to state law?
    Last edited by renoglock22; 12-30-2012 at 07:47 PM. Reason: new info

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    In Nevada you may not have a gun on school Property. Not even in your car in the parking lot. That is different thanthe feed law. Tough can be on the sidewalk or driving down a street in a school zone, bit not on property.

  5. #5
    Regular Member renoglock22's Avatar
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    Quote Originally Posted by Vegassteve View Post
    In Nevada you may not have a gun on school Property. Not even in your car in the parking lot. That is different thanthe feed law. Tough can be on the sidewalk or driving down a street in a school zone, bit not on property.

    Ok, also as MAC said OC is legal on school grounds because the local cops don't enforce federal law and state law only applies to conceal carry so OC on school property is legal in a sense.

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    NRS 202.265 is the state law prohibiting "A pistol, revolver or other firearm" "on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility".

    There is no reference to concealed carry. The law prohibits pistols, revolvers and other firearms, regardless of carry methods or permits.

    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.

    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:

    (a) An explosive or incendiary device;

    (b) A dirk, dagger or switchblade knife;

    (c) A nunchaku or trefoil;

    (d) A blackjack or billy club or metal knuckles;

    (e) A pistol, revolver or other firearm; or

    (f) Any device used to mark any part of a person with paint or any other substance.

    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.

    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:

    (a) A private or public school or child care facility by a:

    (1) Peace officer;

    (2) School security guard; or

    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

    5. For the purposes of this section:

    (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

    (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

    (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.

    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.

    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)


    The Federal law if enforced would prohibit possessing a firearm within 1000ft of school property, unless you meet the listed exceptions. Having a license to carry, for the state you are in, is one such exception. It references having a license but does not require that you also conceal it, just that the license be for the state that you are in.
    Last edited by FallonJeeper; 12-30-2012 at 11:37 PM.
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  7. #7
    Regular Member renoglock22's Avatar
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    Quote Originally Posted by FallonJeeper View Post
    NRS 202.265 is the state law prohibiting "A pistol, revolver or other firearm" "on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility".

    There is no reference to concealed carry. The law prohibits pistols, revolvers and other firearms, regardless of carry methods or permits.

    NRS 202.265 Possession of dangerous weapon on property or in vehicle of school or child care facility; penalty; exceptions.

    1. Except as otherwise provided in this section, a person shall not carry or possess while on the property of the Nevada System of Higher Education, a private or public school or child care facility, or while in a vehicle of a private or public school or child care facility:

    (a) An explosive or incendiary device;

    (b) A dirk, dagger or switchblade knife;

    (c) A nunchaku or trefoil;

    (d) A blackjack or billy club or metal knuckles;

    (e) A pistol, revolver or other firearm; or

    (f) Any device used to mark any part of a person with paint or any other substance.

    2. Any person who violates subsection 1 is guilty of a gross misdemeanor.

    3. This section does not prohibit the possession of a weapon listed in subsection 1 on the property of:

    (a) A private or public school or child care facility by a:

    (1) Peace officer;

    (2) School security guard; or

    (3) Person having written permission from the president of a branch or facility of the Nevada System of Higher Education or the principal of the school or the person designated by a child care facility to give permission to carry or possess the weapon.

    (b) A child care facility which is located at or in the home of a natural person by the person who owns or operates the facility so long as the person resides in the home and the person complies with any laws governing the possession of such a weapon.

    4. The provisions of this section apply to a child care facility located at or in the home of a natural person only during the normal hours of business of the facility.

    5. For the purposes of this section:

    (a) “Child care facility” means any child care facility that is licensed pursuant to chapter 432A of NRS or licensed by a city or county.

    (b) “Firearm” includes any device from which a metallic projectile, including any ball bearing or pellet, may be expelled by means of spring, gas, air or other force.

    (c) “Nunchaku” has the meaning ascribed to it in NRS 202.350.

    (d) “Switchblade knife” has the meaning ascribed to it in NRS 202.350.

    (e) “Trefoil” has the meaning ascribed to it in NRS 202.350.

    (f) “Vehicle” has the meaning ascribed to “school bus” in NRS 484A.230.

    (Added to NRS by 1989, 656; A 1993, 364; 1995, 1151; 2001, 806; 2007, 1913)


    The Federal law if enforced would prohibit possessing a firearm within 1000ft of school property, unless you meet the listed exceptions. Having a license to carry, for the state you are in, is one such exception. It references having a license but does not require that you also conceal it, just that the license be for the state that you are in.


    Ok, so there is a state law prohibiting firearms on school property. I thought there was but when I tried to find it again I came up empty. So I should just never carry on school property.

  8. #8
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by renoglock22 View Post
    Ok, also as MAC said OC is legal on school grounds because the local cops don't enforce federal law and state law only applies to conceal carry so OC on school property is legal in a sense.
    Whoa, I didn't say "school grounds!"

    My comments in this thread were specifically related only to the Federal GFSZ, which is the public property within 1000' of a school grounds (yes, this includes the grounds, but I assumed (my bad) we were talking about the part outside.) Sorry for the confusion.

    Nevada State law forbids the carrying of a firearm on the grounds of a public or private school or a day care facility. This one will most certainly be enforced.

    Not having a permit makes carrying a firearm into these places a felony. Having a permit means it is only a misdemeanor. Getting written permission from the school president or dean will grant you an exemption. Some private schools might do that, but the public universities are known to ignore these requests, with blood on their hands because of it.
    Last edited by MAC702; 12-31-2012 at 12:32 AM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  9. #9
    Regular Member renoglock22's Avatar
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    Quote Originally Posted by MAC702 View Post
    Whoa, I didn't say "school grounds!"

    My comments in this thread were specifically related only to the Federal GFSZ, which is the public property within 1000' of a school grounds (yes, this includes the grounds, but I assumed (my bad) we were talking about the part outside.) Sorry for the confusion.

    Nevada State law forbids the carrying of a firearm on the grounds of a public or private school or a day care facility. This one will most certainly be enforced.

    Not having a permit makes carrying a firearm into these places a felony. Having a permit means it is only a misdemeanor. Getting written permission from the school president or dean will grant you an exemption. Some private schools might do that, but the public universities are known to ignore these requests, with blood on their hands because of it.

    Sorry about that, I wasn't trying to put words in your mouth. So to sum this up for my understanding is, according to the GFSZA I can carry ON school property with a permit but as per state law I cannot without written permission. Also according to GFSZA I can't carry within 1000' of school property but there is no state law to that effect so I can OC up to the property line without a problem.

  10. #10
    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by renoglock22 View Post
    Sorry about that, I wasn't trying to put words in your mouth. So to sum this up for my understanding is, according to the GFSZA I can carry ON school property with a permit but as per state law I cannot without written permission. Also according to GFSZA I can't carry within 1000' of school property but there is no state law to that effect so I can OC up to the property line without a problem.
    Correct, the FGFSZ makes no distinction between off the grounds and on the grounds within that zone. If you are exempt from the FGFSZ, the feds don't care if you bring the gun into the classroom, only the state, and the state law starts on school property, not the public property right out front.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

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