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Thread: GFSZ Question

  1. #1
    Regular Member R027's Avatar
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    GFSZ Question

    I have a question about Gun Free School Zones.

    What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

    Pursuant to 18 U.S.C. § 921(a)(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.

    Thanks in advance.
    Last edited by R027; 04-12-2013 at 08:53 PM.

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    Quote Originally Posted by R027 View Post
    I have a question about Gun Free School Zones.

    What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

    Pursuant to 18 U.S.C. § 921(a)(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.

    Thanks in advance.
    If you don't have a CHP you are breaking the law, however it is unlikely you would be charged unless you were violating another law (like you were robbing the store in question).
    Last edited by mpg9999; 04-12-2013 at 08:59 PM.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by R027 View Post
    I have a question about Gun Free School Zones.

    What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

    Pursuant to 18 U.S.C. § 921(a)(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.

    Thanks in advance.
    There are three answers

    1. If you have a CHP, it's legal.
    2. If you don't have a CHP it's not legal. 1000 feet s 1000 feet.
    3. Don't worry about it, Bigfoot, Vamprilla or King Tuts curse.
    Last edited by peter nap; 04-12-2013 at 09:01 PM.

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    Regular Member JohnM15A's Avatar
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    I live in the area and have the same problem. Can't swing a dead cat without hitting a GFSZ school...

    From what I can tell is that you would technically be in violation.

    The question would naturally be: "Would a LEO arrest you if he saw you packing within the 1,000'?"

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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by JohnM15A View Post
    I live in the area and have the same problem. Can't swing a dead cat without hitting a GFSZ school...

    From what I can tell is that you would technically be in violation.

    The question would naturally be: "Would a LEO arrest you if he saw you packing within the 1,000'?"
    Not if he has a CHP which seems to be deemed an appropriate item for this situation. And if he is OC'ing he need not have the permit on his person. He just needs to have been issued it.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

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    Regular Member R027's Avatar
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    No CHP here. Guess I'll get one just in case.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by R027 View Post
    No CHP here. Guess I'll get one just in case.
    Damn poor reason to sell your soul!

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    Regular Member TFred's Avatar
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    There is lots of discussion on this. Read through old threads for an education.

    My view goes one further, since Virginia does not issue a "license to carry firearms", there is no possible way to comply with this law.

    There are no proofs of any of the assertions presented here, because the Feds know that the first case that does not involve a scumbag that makes it to a court of law will take their little toy away from them.

    JMHO... along with the rest.

    TFred

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    Regular Member WalkingWolf's Avatar
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    Private property is exempt from GFSZA.
    It is well that war is so terrible – otherwise we would grow too fond of it.
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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by TFred View Post
    There is lots of discussion on this. Read through old threads for an education.

    My view goes one further, since Virginia does not issue a "license to carry firearms", there is no possible way to comply with this law.

    There are no proofs of any of the assertions presented here, because the Feds know that the first case that does not involve a scumbag that makes it to a court of law will take their little toy away from them.

    JMHO... along with the rest.

    TFred
    While this is true, it seems that concealed carry permits are the free pass for this federal law. The unfortunate thing is that the folks who write these laws tend not to know firearms very well or the terminology associated with them. And since law can be a thing of precision (words have meaning) left to interpretation (the bane of our sanity at times) we are left with what they write. A good example is the definition of a firearm in Virginia includes the statement (paraphrased here) of a projectile propelled by an explosive action. We all know that the powder in the case does not explode... it burns. But they didn't seem to know this when they wrote those statutes, however what they wrote affects all of us and trying to argue this one in court is certain to be a losing cause.

    The GFSZA is a bad law and really needs to either be completely nulled by the states or rescinded at the federal level once and for all.
    Last edited by SouthernBoy; 04-13-2013 at 05:23 AM.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Re: GFSZ Question

    Quote Originally Posted by WalkingWolf View Post
    Private property is exempt from GFSZA.
    I was going to say this.

    Sent from my DROID RAZR using Tapatalk 2

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    Quote Originally Posted by WalkingWolf View Post
    Private property is exempt from GFSZA.

    So what. There's about a zero chance that one could get TO the private property that's w/in 1000' of a school w/o being on non-private property w/in 1000' of a school...

    Roscoe
    "The very atmosphere of firearms anywhere and everywhere restrains evil interference - they deserve a place of honor with all that's good." - George Washington

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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by roscoe13 View Post
    So what. There's about a zero chance that one could get TO the private property that's w/in 1000' of a school w/o being on non-private property w/in 1000' of a school...

    Roscoe
    I have a question about this and I believe it has been raised before.

    Since the GFSZA is a federal statute doesn't that mean that some agent(s) the federal government would have to witness someone carrying within 1000' of school grounds in order to effect an arrest? In other words, are Virginia police expected or required to carry out a federal law such as this? It certainly appears that they purposely avoid doing anything like this since as you implied, you'd be hard pressed in our suburban areas to NOT be within 1000' of school grounds pretty much wherever you go. We just don't seem huge numbers of folks being carted of to jail for violating this law here.
    Last edited by SouthernBoy; 04-13-2013 at 10:15 AM.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    Regular Member TFred's Avatar
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    Quote Originally Posted by SouthernBoy View Post
    I have a question about this and I believe it has been raised before.

    Since the GFSZA is a federal statute doesn't that mean that some agent(s) the federal government would have to witness someone carrying within 1000' of school grounds in order to effect an arrest? In other words, are Virginia police expected or required to carry out a federal law such as this? It certainly appears that they purposely avoid doing anything like this since as you implied, you'd be hard pressed in our suburban areas to NOT be within 1000' of school grounds pretty much wherever you go. We just don't seem huge numbers of folks being carted of to jail for violating this law here.
    Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

    TFred

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

    TFred
    Exactly!

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    Regular Member Numenor's Avatar
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    Quote Originally Posted by peter nap View Post
    Damn poor reason to sell your soul!
    Bah! I sold my soul so I could pretend to be better than you simpletons who don't have one.

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    Regular Member SouthernBoy's Avatar
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    Quote Originally Posted by TFred View Post
    Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

    TFred
    Well you're not far off with this. Recently a representative, I believe from California (where else), proposed a bill to tax people for emitting carbon dioxide. Yep, a CO2 tax for breathing.
    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

  18. #18
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Numenor View Post
    Bah! I sold my soul so I could pretend to be better than you simpletons who don't have one.
    You could. You're Bona fide now!


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    Regular Member TFred's Avatar
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    Quote Originally Posted by peter nap View Post
    You could. You're Bona fide now!

    LOVE that movie!!! Oh, the never-ending supply of sound bites! If only Clooney wasn't such a tool in real life.

    TFred

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    Sell my soul?

    Quote Originally Posted by peter nap View Post
    Damn poor reason to sell your soul!
    Not necessarily. I OC 100% of the time but I also have my CHP because my BUG is concealed.

  21. #21
    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by TFred View Post
    LOVE that movie!!! Oh, the never-ending supply of sound bites! If only Clooney wasn't such a tool in real life.

    TFred
    Well I have it on good authority that Numenor did sell his soul to the devil! (He said so)

    And now that the records are sealed, he belongs to a secret society he doesn't need to mention the name of.
    Last edited by peter nap; 04-13-2013 at 03:53 PM.

  22. #22
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by bbMurphy View Post
    Not necessarily. I OC 100% of the time but I also have my CHP because my BUG is concealed.
    It's that small huhhh? Just teasing
    It is well that war is so terrible – otherwise we would grow too fond of it.
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  23. #23
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by roscoe13 View Post
    So what. There's about a zero chance that one could get TO the private property that's w/in 1000' of a school w/o being on non-private property w/in 1000' of a school...

    Roscoe
    If one is concerned there are options that can be used to avoid breaking the non law, while transporting a firearm through a GFSZ. Some states a license/permit allows carry in a zone. The weapon can be stored securely while traveling through the zone. One could carry a firearm that has not been in interstate commerce, or a person could carry a antique firearm while going through a zone.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
    Thomas Jonathan "Stonewall" Jackson
    What separates the winners from the losers is how a person reacts to each new twist of fate.
    President Donald Trump

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    Regular Member Numenor's Avatar
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    Quote Originally Posted by peter nap View Post
    You could. You're Bona fide now!

    HAHAHAHA, touché. Actually I did get my CHP before I started carrying given that I wasn't comfortable going OC. Now though I think I'm mostly OC.

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    Quote Originally Posted by WalkingWolf View Post
    Private property is exempt from GFSZA.

    Well couldn't someone consider the glove box of my car private property? Because they would need a search warrant to search the glove box.

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