New member: School zone question

Front Royalty said:

Hello all! Ive recently been looking into open carry and have been lurking here on the forums for a few days. Lots of valuable info here! Thanks to all...

That said, I live near a high volume of schools, making it near impossible to open carry from my home to just about any places that I frequent. My question is this: while transporting a firearm in my vehicle, without a chp, through a school zone, said firearm must be unloaded and in a LOCKED container, no exceptions. Is this the concensus? Just looking for some feedback as I have found no evidence to the contrary. Thanks in advance!

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Federal law allows you to transport a firearm unloaded in a locked container:
http://www.law.cornell.edu/uscode/text/18/922
18-922.(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—
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

VA law allows similar, but without the "locked" stipulation:
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
The provisions of this section shall not apply to... (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;

IANAL

davidmcbeth said:

Yeah! In in the USA .. so my federal suggestion was good, right?

Take only advice from people who have gone through civil or criminal trials - like me !

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No. States and Commonwealths have boundaries as well, and people living in the Commonwealth of Virginia are well advised to accept advice from those who actually live here and have studied our laws and statutes. Going "through civil or criminal trials" in other states provides no relevant advice regarding how Virginia treats infractions of federal law.

ChristCrusader said:

Federal law allows you to transport a firearm unloaded in a locked container:
http://www.law.cornell.edu/uscode/text/18/922
18-922.(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—
(iii) that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack that is on a motor vehicle;

VA law allows similar, but without the "locked" stipulation:
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
The provisions of this section shall not apply to... (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;

IANAL

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As I said earlier, Virginia law only applies to ON the property.
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

peter nap said:

As I said earlier, Virginia law only applies to ON the property.
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

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Remember, there is an exception to this where you may carry a firearm onto school property in Virginia. You may carry a concealed handgun on your person, permit required of course, when dropping off or picking up a student or students at a school. You may not exit your vehicle while doing this.

If it were me, I'd abide by the laws of the Virginia Commonwealth. And those laws do not say anything about a 1000' school zone for firearms. They only address firearms on the school property.

I have never heard of the GFSZA being enforced in Virginia. In fact, I'd bet most state and local police are unaware of the federal GFSZA.

Carry on. Stay safe.

cirrusly said:

.... In fact, I'd bet most state and local police are unaware of the federal GFSZA.

....

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I'll take that bet.

Most cops are not willing to hang around within 1000 feet of a school waiting for a Federal Marshal to show up and make the actual arrest for violation of the GDSZA. Since it's not a violation of a law of the Commonwealth and they do not have the authority to arrest you for violation of federal law the best they can do is detain you.

Or they could arrest you for whatever is being used to cover "contempt of cop" and hold you for the Federal Marshal to do the paperwork on the GFSZA matter - which they may or may not be able to get a federal Magistrate to accept.

And finally, the GFSZA is most often an "enhancer" for some other crime. But even then it's not used that often that I can see. (Cf the gun control advocate who goofed and brought his gun into a school. Busted under state law and nothing happened about GFSZA violation - which would have been a slam dunk.)

stay safe.

I am of the opinion that the feds, do not want a stand alone case regarding the GFSZA.

The original (Gun Free School Zone Act of 1990) was found to be unconstitutional.
http://www.doe.k12.de.us/infosuites/students_family/climate/files/climate_gunfreeschoolzonesact.pdf

IMO and that of many others, the new act (Gun Free School Zone Act of 1995) will likely suffer a similar fate.
http://gunowners.org/fs9611.htm

Grapeshot said:

IMO and that of many others, the new act (Gun Free School Zone Act of 1995) will likely suffer a similar fate.
http://gunowners.org/fs9611.htm

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How has no one challenged the 1995 GFSZA in federal court for 19 years? Seems to be a simple non-law which could be repealed through due process.


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cirrusly said:

How has no one challenged the 1995 GFSZA in federal court for 19 years? Seems to be a simple non-law which could be repealed through due process.


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There have been a handful of challenges, but all of them from actual criminals, drug dealers, weapons dealers, etc. All convictions have been upheld. It has yet to be used as a standalone charge against an otherwise law abiding individual for the exact reason Grapeshot stated.