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Thread: 18 USC 922 School Zones

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    18 USC 922 School Zones

    I was reading here and found this statement:

    "There are also federal statutes you must be cognizant of: 18 USC 922 (q), which prohibit the carrying of a handgun within 1000 feet of a school unless you are licensed to carry or meet another exemption to this law."
    I looked into 18 USC 922 (q) and could not find the provision that stated we cannot have firearms within 1000 feet of a school. Can someone help me find that little clause?

    Assuming I'm blind, at it's there... how do I go about carrying my guns if I live within 1000 feet of a school? It would seem I would not be allowed to walk to the grocery store with my gun merely if I bought a house too close to a school. OR it could be viewed the other way, a school opened up near me and now I can't walk about without breaking the law.

    Thoughts?
    Last edited by jfslicer; 06-09-2013 at 06:56 PM.

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    Regular Member Stretch's Avatar
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    (2)(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;


    And for the definition of a school zone: \http://www.law.cornell.edu/uscode/text/18/921

    (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.

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    "There are also federal statutes you must be cognizant of: 18 USC 922 (q), which prohibit the carrying of a handgun within 1000 feet of a school unless you are licensed to carry or meet another exemption to this law."


    I would think that living within the "1000 feet of a school" would qualify as an exemption.
    Perhaps if you would use a real computer you wouldn't have to apologize for not being able to do so many things on the internet!

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    Regular Member XD40sc's Avatar
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    How the hell are you supposed to 'know' where this 1,000 foot perimeter from a school is? It is posted on every street that you are 1000' from a school. What about main highways and thoroughfares that are near schools. Even in the town I have lived in all my life, I'm unsure where all the schools are, and certainly don't have a clue where this magical 1,000' DMZ line might be.

    Is it even enforceable? Is it enforced?

    Here the boundary is school property, the public street that goes by the school is not a GFZ, but the school property and drive is.
    Last edited by XD40sc; 06-09-2013 at 03:48 PM.

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    Quote Originally Posted by jeeper1 View Post
    I would think that living within the "1000 feet of a school" would qualify as an exemption.
    Would it? I like to take walks through my neighborhood and to the local grocery store. It seems to me that it is not allowable under this law. The exemptions don't seem to mention local residents.

    Quote Originally Posted by XD40sc
    How the hell are you supposed to 'know' where this 1,000 foot perimeter from a school is?

    ...

    Is it even enforceable? Is it enforced?
    This is what I would like to know. I'm sure it's not enforceable, but that it would be enforced should there be an incident. Someone accused of shooting up a school is likely to get charged under this law.

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    18 USC 922 School Zones

    I do not know for sure any of my firearms are or were affecting interstate commerce.

    I have at least an affirmative defense.

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    Quote Originally Posted by jfslicer View Post
    This is what I would like to know. I'm sure it's not enforceable, but that it would be enforced should there be an incident. Someone accused of shooting up a school is likely to get charged under this law.
    Well, we have no history of that to look at, do we?
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    Regular Member WalkingWolf's Avatar
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    I am not so sure about Washington state, but as far as I know the law is not being enforced as a standalone law. You may need to do a search in your state database for arrests for GFSZA. Considering the Arizona ruling in the immigration law, it may not even be possible for local and state police to enforce a federal law. Unless they also carry a federal law enforcement commission. If you live in a city it is darn near impossible not to cross a GFSZ. And notice the wording of the law, "knowingly", I am sure a attorney will explain that you just did not know. If all else fails OC a antique firearm which is not in the law.
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    Quote Originally Posted by Nightmare View Post
    Well, we have no history of that to look at, do we?
    I have no idea. My statement was simply saying that it's probably used as a tack on charge for other crimes. This article proves my point stating that it is tacked on with drug charges:

    http://billingsgazette.com/news/stat...#ixzz1RnNxqBCy

    Regardless, my question is how do we avoid breaking the law? If you drive down highway 9, you will unintentionally & unknowingly pass through a GFZ and could be charged with committing this crime.
    Last edited by jfslicer; 06-09-2013 at 10:35 PM.

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    Quote Originally Posted by jfslicer View Post
    I have no idea. My statement was simply saying that it's probably used as a tack on charge for other crimes. This article proves my point stating that it is tacked on with drug charges:

    http://billingsgazette.com/news/stat...#ixzz1RnNxqBCy

    Regardless, my question is how do we avoid breaking the law? If you drive down highway 9, you will unintentionally & unknowingly pass through a GFZ and could be charged with committing this crime.
    I think in some state I read that it is illegal to drink beer with a moose. How many arrests have been made for it? If arrests are not being made, personally I don't get too excited. YMMV
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    Regular Member hermannr's Avatar
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    This is the WA state Law on schools etc, http://apps.leg.wa.gov/RCW/default.aspx?cite=9.41.280

    Unless you are involved in some other Federal Criminal Activity, you can just follow state law and be safe. The federal school GFZ garbage is attempt #2. Their first attempt was thrown out by the US Supreme Court, They do not want there second one to suffer the same fate.

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    Quote Originally Posted by XD40sc View Post
    How the hell are you supposed to 'know' where this 1,000 foot perimeter from a school is? It is posted on every street that you are 1000' from a school. What about main highways and thoroughfares that are near schools. Even in the town I have lived in all my life, I'm unsure where all the schools are, and certainly don't have a clue where this magical 1,000' DMZ line might be.

    Is it even enforceable? Is it enforced?

    Here the boundary is school property, the public street that goes by the school is not a GFZ, but the school property and drive is.
    On the streets, do you not have signs that say "School Zone Speed Limit 20mph" or something to that effect? Like this: Click image for larger version. 

Name:	175px-SchoolZone-SpeedLimitSignAndLight.JPG 
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ID:	10516 In WA state, the school/playground safety zone is 300' before and after crosswalks. http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.440 I'd venture if you can see/read the sign, you're within 1000'.

    But yeah, I agree the 1000' rule is arbitrary and idiotic.

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    Regular Member Vitaeus's Avatar
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    Not a lawyer, but as far as I can tell, no one has been charged under JUST the Federal Law, they are justifiably afraid that someone with standing will get the revisited USC stricken. The first attempt at it was found unconstitutional so they rewrote it and passed it a second time.

    Wikipedia article on the history of the two versions...

    http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990

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    Quote Originally Posted by mikeyb View Post
    On the streets, do you not have signs that say "School Zone Speed Limit 20mph" or something to that effect? Like this: Click image for larger version. 

Name:	175px-SchoolZone-SpeedLimitSignAndLight.JPG 
Views:	69 
Size:	6.8 KB 
ID:	10516 In WA state, the school/playground safety zone is 300' before and after crosswalks. http://apps.leg.wa.gov/rcw/default.aspx?cite=46.61.440 I'd venture if you can see/read the sign, you're within 1000'.

    But yeah, I agree the 1000' rule is arbitrary and idiotic.
    You won't see those signs on a highway or freeway, but you'll still pass within 1000'. And even in the case that you did see them, there's a good chance you're already in that zone by the time you saw the sign.

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    Regular Member 1911er's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    I think in some state I read that it is illegal to drink beer with a moose. How many arrests have been made for it? If arrests are not being made, personally I don't get too excited. YMMV
    I hope not I have been drinking with Moose for years every fall when we go hunting. Get back to camp pop A cold one I'm sure there are moose close by.
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