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Thread: Pulled over in a school zone...

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    Pulled over in a school zone...

    So I was wondering what your opinions were if you were driving while carrying and happen to be pulled over in a school zone. You can't carry within 1000 feet of a school so does driving and passing by violate federal law? I am wondering because to get into town fromy house I have to pass a school and during school hours it is littered with cops.

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    Regular Member SFCRetired's Avatar
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    Check the GFSZ law again. I do believe it states an exception in it.
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    Regular Member Baked on Grease's Avatar
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    Quote Originally Posted by SFCRetired View Post
    Check the GFSZ law again. I do believe it states an exception in it.
    Exsctly so. Anyone who drives through that imaginary 1000 foot line is a felon according to that law if they dont have a state permit. There is no exemption for driving through let alone stopping... even stopping under orders and threat of force by an officer.

    You could try a defense of entrapment or some such though if pulled over in the 1000 foot zone. .. just don't pull onto the actual property...

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    Quote Originally Posted by Castleninja View Post
    So I was wondering what your opinions were if you were driving while carrying and happen to be pulled over in a school zone. You can't carry within 1000 feet of a school so does driving and passing by violate federal law? I am wondering because to get into town from my house I have to pass a school and during school hours it is littered with cops.
    You are in Nevada. We are one of the free states that has never even thought of having this known unconstitutional law enforced. Even a federal agent wouldn't give it a second thought; neither should you. You could walk down the sidewalk past those cops, and they wouldn't care, as it should be.
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    The GFSZ needs to be repealed. In general only people who have carry permits from the state that the school is located in is exempt from the law.

    So, for instance if someone has a carry permit from Ohio and they pass within 1000 feet from a school in Kentucky. They are not exempt and could be theoretically prosecuted, although I have not heard of anyone being prosecuted under this law. It is a Federal Laws, not a state one. Although...states might have their own laws as well.
    I am not a lawyer, I study the history of gun control laws.

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    Quote Originally Posted by Castleninja View Post
    So I was wondering what your opinions were if you were driving while carrying and happen to be pulled over in a school zone. You can't carry within 1000 feet of a school so does driving and passing by violate federal law? I am wondering because to get into town fromy house I have to pass a school and during school hours it is littered with cops.
    Subparagraph (A) does not apply to the possession of a firearmó

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

    (ii) if the individual possessing the firearm is licensed to do so by the State ...

    (iii) that isó (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 ...
    I am responsible for my writing, not your understanding of it.

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    See always been confused by number two, my state does not require a license to own a firearm. Would that exempt me, and where does it state the license has to be a concealed carry?

    The cops here don't enforce it, I walk to the school to pick up my caught during the warmer months and stand in the sidewalk, have yet to have children flee in terror at the sight of a short slightly chubby man with a gun. Lol.

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    OPie asked about federal law, you make an anecdotal comment on your state law and local enforcement; apples, oranges and onions.

    "But your Honor, a thousand times they didn't enforce some law!"

    This makes me think of the Thanksgiving Turkey meeting its Black Swan. For a thousand days the farmer feeds the turkey, each feeding a datum in its confidence of Turkey Utopia. On the thousand and first day the turkey meets its Black Swan in the farmer and his axe preparing dinner.
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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by 7om5hipp View Post
    See always been confused by number two, my state does not require a license to own a firearm. Would that exempt me, and where does it state the license has to be a concealed carry?

    The cops here don't enforce it, I walk to the school to pick up my caught during the warmer months and stand in the sidewalk, have yet to have children flee in terror at the sight of a short slightly chubby man with a gun. Lol.
    No, you are not confused. The law is very clear.

    (q)(2)(B)(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;
    Does your state license you to possess a firearm???? I bet not.

    The law does not say to carry a firearm.

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    Sorry for mentioning the police, back to my first comment though. Since my state does not require a license to possess a firearm would that make e exempt from said law.

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    Accomplished Advocate color of law's Avatar
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    What is so hard to understand? Does your state license you to possess a firearm? the answer is either yes or no, period.

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    I ANAL but I'll bet that I read like one. "Subparagraph (A) does not apply to the possession of a firearm ... if the individual possessing the firearm is licensed to do so by the State." This reads quite plainly to me.

    But look to your state law, that is what may be enforced.
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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by Nightmare View Post
    I ANAL but I'll bet that I read like one. "Subparagraph (A) does not apply to the possession of a firearm ... if the individual possessing the firearm is licensed to do so by the State." This reads quite plainly to me.

    But look to your state law, that is what may be enforced.
    ????????
    Again, what is so hard to understand? Does your state license you to possess a firearm? The answer is either yes or no, period.
    So, you agree with me.
    Licensed to possess. Not a license to carry.

    What states license persons to possess firearms? I don't know of any.

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    Was getting off topic so I removed my post. Not looking to start an argument or issue, hope I did not offend anyone.
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    Last edited by 7om5hipp; 03-17-2014 at 10:09 AM.

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    (430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a)(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: ...

    http://www.ilga.gov/legislation/ilcs...n%2BCard%2BAct.
    ILL-inois.

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    Accomplished Advocate color of law's Avatar
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    (430 ILCS 65/2) (from Ch. 38, par. 83-2)
    Sec. 2. Firearm Owner's Identification Card required; exceptions.
    (a)(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
    (b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: ...

    http://www.ilga.gov/legislation/ilcs...n%2BCard%2BAct.
    Quote Originally Posted by OC for ME View Post
    ILL-inois.
    Of all states.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by 7om5hipp View Post
    Was getting off topic so I removed my post. Not looking to start an argument or issue, hope I did not offend anyone.
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    You were not starting an argument.

    Sometimes we let the forest get in the way of the trees.

    I've even seen attorneys that try to argue that the plain reading of the statute means license to carry.

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    And that is where my confusion is, Missouri does not require any license to own, carry, or buy a firearm. I don't even have to register my firearms with the state. So I am always confused by the idiotic gfsz law.

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    Accomplished Advocate color of law's Avatar
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    Quote Originally Posted by 7om5hipp View Post
    And that is where my confusion is, Missouri does not require any license to own, carry, or buy a firearm. I don't even have to register my firearms with the state. So I am always confused by the idiotic gfsz law.
    Well, your first mistake is thinking laws have to be logical.

    Look, the law was written specifically to ensure that most people could not carry a loaded gun within a 1,000 feet of a school. They new that only a couple of states meet the criteria the law mandated.

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