Results 1 to 17 of 17

Thread: Gun-Free School Zones Act of 1990

  1. #1
    Regular Member
    Join Date
    Jul 2015
    Location
    Wa
    Posts
    12

    Gun-Free School Zones Act of 1990

    Could someone explain how this works and is enforced in Washington?

    I live near a school, and need to walk by it to get anywhere. I open carry, no permit yet.

    I have seen mixed things on this online.

  2. #2
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,619
    The Gun-Free School Zones Act of 1990 was found to be unconstitutional. IMO - the replacement Gun-Free School Zones Act of 1995 is equally so.

    This should have been the end of it:
    http://cnsnews.com/blog/craig-bannis...mass-shootings
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  3. #3
    Regular Member Dave_pro2a's Avatar
    Join Date
    Nov 2007
    Location
    , ,
    Posts
    2,227
    Thanks Bush.

    "I'm just a no-account screed-peddler" Dave Workman http://goo.gl/CNf6pB

    "We ought to extend the [1994] assault weapons ban" George W Bush

    "The Bush Administration declared a permanent ban today on almost all foreign-made semiautomatic assault rifles." George Bush Sr, New York Times on July 8, 1989

    "I support the Brady bill and I urge the Congress to enact it without delay." Ronald Regan.

    "Guns are an abomination." Richard Nixon

  4. #4
    Campaign Veteran MSG Laigaie's Avatar
    Join Date
    Jan 2011
    Location
    Philipsburg, Montana
    Posts
    3,137
    Quote Originally Posted by Latro View Post
    I open carry, no permit yet..
    Well......Welcome to OCDO and I hope you enjoy your time here.
    "Firearms stand next in importance to the Constitution itself. They are the people's liberty teeth (and) keystone... the rifle and the pistol are equally indispensable... more than 99% of them by their silence indicate that they are in safe and sane hands. The very atmosphere of firearms everywhere restrains evil interference .When firearms go, all goes, we need them every hour." -- George Washington

  5. #5
    Activist Member golddigger14s's Avatar
    Join Date
    Apr 2010
    Location
    Lacey, Washington, USA
    Posts
    1,991
    Although I don't agree with the need for CPL, just get one. It is too easy, and makes things easier.
    "The beauty of the Second Amenment is that it will not be needed until they try to take it." Thomas Jefferson
    "Evil often triumphs, but never conquers." Joseph Roux
    http://nwfood.shelfreliance.com

  6. #6
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by golddigger14s View Post
    Although I don't agree with the need for CPL, just get one. It is too easy, and makes things easier.
    Some people are proud of telling the government that they do not wish to be corralled, fingerprinted, and photographed to make things "easier."
    "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

  7. #7
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Sadly, the GFSZA is used as an excuse to harass and accost... I have yet to see anyone charged under that law... even the lunatic mass shooters who so obviously violate it.

    As Grape said, it is wholly unconstitutional and if we can ever get it to court it shall be found so... which is why the government refuses to bring charges under that law against anyone... but it makes a nice handy excuse to detain and arrest people.
    Last edited by Baked on Grease; 07-30-2015 at 07:00 PM.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  8. #8
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by gutshot View Post
    Sorry, you may not have "seen anyone charged under" the GFSZA, but it has been to court several times, post Lopez, and found to be constitutional. In those cases, the persons accused of violating it were sent to prison...
    And in every single case you just cited, the charge was a secondary charge to people actually DOING bad things with the guns.

    So, yes, your conclusion that the charge was upheld is valid, but mere possession within the magic line is not going to get someone detained or arrested in most states.
    Last edited by MAC702; 07-30-2015 at 09:12 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

  9. #9
    Regular Member
    Join Date
    Mar 2009
    Location
    Long gone
    Posts
    2,575
    The GFSZA is something I expect the Feds to eventually start enforcing that is why I maintain permits in all the states that I frequent enough to know where school zones are.
    Throw me to the wolves and I will come back leading the pack.

  10. #10
    Regular Member Baked on Grease's Avatar
    Join Date
    Jul 2011
    Location
    Sterling, Va.
    Posts
    652
    Quote Originally Posted by MAC702 View Post
    And in every single case you just cited, the charge was a secondary charge to people actually DOING bad things with the guns.

    So, yes, your conclusion that the charge was upheld is valid, but mere possession within the magic line is not going to get someone detained or arrested in most states.
    Uh... people get arrested quite often for having a firearm (even obviously fake onea) within the imaginary 1000 foot line... some even get arrested outside it because "won't someone think of the children!"

    Seriously, Google it. 'Man arrested near school for gun' provides many such examples of people being arrested for merely having a firearm near a school.
    Last edited by Baked on Grease; 07-30-2015 at 11:42 PM.
    "A Right Un-exercised is a Right Lost"

    "According to the law, [openly carrying] in a vehicle is against the law if the weapon is concealed" -Flamethrower (think about it....)

    Carrying an XDm 9mm with Hornady Critical Defense hollowpoint. Soon to be carrying a Ruger along with it....

  11. #11
    Campaign Veteran MAC702's Avatar
    Join Date
    Jul 2011
    Location
    Nevada
    Posts
    6,520
    Quote Originally Posted by Baked on Grease View Post
    Uh... people get arrested quite often for having a firearm (even obviously fake onea) within the imaginary 1000 foot line... some even get arrested outside it because "won't someone think of the children!"

    Seriously, Google it. 'Man arrested near school for gun' provides many such examples of people being arrested for merely having a firearm near a school.
    Uh, I said "in most states."

    Also, some states have state laws against it, but that would not be part of this discussion.

    I would guess that if I Googled it, there would be a handful of states where it was an issue. Is Washington one of them?
    Last edited by MAC702; 07-31-2015 at 12:38 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

  12. #12
    Regular Member Freedom1Man's Avatar
    Join Date
    Jan 2012
    Location
    Greater Eastside Washington
    Posts
    4,690
    Most spaces in a town and city are within the 1000' magical border.
    333yards plus 1foot.

    What would that path look like in, for example, Seattle? Mind you this would have to be while school is in session.

    I have had police officers bring up that rule, but never a tape measure to verify. So the OP is not far off base for being concerned about arrest within the 1000' line.

    Sent from my SM-G386T using Tapatalk
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

  13. #13
    Regular Member Difdi's Avatar
    Join Date
    Mar 2010
    Location
    Seattle, Washington, USA
    Posts
    996
    Quote Originally Posted by Dave_pro2a View Post
    Thanks Bush.

    Bush wasn't President in 1995, so you have Clinton to thank as well.

    Quote Originally Posted by Baked on Grease View Post
    Uh... people get arrested quite often for having a firearm (even obviously fake onea) within the imaginary 1000 foot line... some even get arrested outside it because "won't someone think of the children!"
    Here's something I wonder about -- if people can get arrested despite fitting into one of the exempt categories, and the prosecutor goes forward on the charges, wouldn't that mean you could make a citizen's arrest of a police officer for the same reason? After all, if the exemptions are not valid law...

  14. #14
    Regular Member Dave_pro2a's Avatar
    Join Date
    Nov 2007
    Location
    , ,
    Posts
    2,227
    Quote Originally Posted by Difdi View Post
    Bush wasn't President in 1995, so you have Clinton to thank as well.



    Here's something I wonder about -- if people can get arrested despite fitting into one of the exempt categories, and the prosecutor goes forward on the charges, wouldn't that mean you could make a citizen's arrest of a police officer for the same reason? After all, if the exemptions are not valid law...
    I agree 100%

    Both republicans and democrats are anti-gun. Which really means they are pro-being elected (at all costs). Bush 1 and Clinton are proof that both parties are stuffed with pandering ninnies -- just like Bush 2 and Obama.

    Bush 1 started gun control, Clinton finished it.
    Bush 2 started TARP, Obama finished it.

    Be it a Donkey or an Elephant, they still spread poop wherever they go.
    Last edited by Dave_pro2a; 08-02-2015 at 09:27 PM.
    "I'm just a no-account screed-peddler" Dave Workman http://goo.gl/CNf6pB

    "We ought to extend the [1994] assault weapons ban" George W Bush

    "The Bush Administration declared a permanent ban today on almost all foreign-made semiautomatic assault rifles." George Bush Sr, New York Times on July 8, 1989

    "I support the Brady bill and I urge the Congress to enact it without delay." Ronald Regan.

    "Guns are an abomination." Richard Nixon

  15. #15
    Regular Member Dave_pro2a's Avatar
    Join Date
    Nov 2007
    Location
    , ,
    Posts
    2,227
    Quote Originally Posted by gutshot View Post
    Bush and Clinton?? Why blamer either one of them? The real culprit is the guy that introduced the bill in the first place and that is our current Vice President, Joe Biden. All Bush and Clinton did is sign the thing once Congress had voted on it and passed it.
    http://www.ontheissues.org/Celeb/Geo...un_Control.htm
    "I'm just a no-account screed-peddler" Dave Workman http://goo.gl/CNf6pB

    "We ought to extend the [1994] assault weapons ban" George W Bush

    "The Bush Administration declared a permanent ban today on almost all foreign-made semiautomatic assault rifles." George Bush Sr, New York Times on July 8, 1989

    "I support the Brady bill and I urge the Congress to enact it without delay." Ronald Regan.

    "Guns are an abomination." Richard Nixon

  16. #16
    Regular Member DeSchaine's Avatar
    Join Date
    Nov 2013
    Location
    Kalamazoo, MI
    Posts
    604
    The big thing about them is that I've never seen one that was clearly marked. I know full well I live inside the zone of the local middle school, but there are no signs anywhere beyond the fence line surrounding the schools property. If a person is new to the area and walking down a street three blocks over, how do they know the school is even there?
    Guard with jealous attention the public liberty.
    Suspect everyone who approaches that jewel.
    Unfortunately, nothing will preserve it but downright force.
    Whenever you give up that force, you are inevitably ruined.
    -Patrick Henry, Virginia Ratification Convention, June 5, 1788

  17. #17
    Regular Member JustaShooter's Avatar
    Join Date
    Jul 2013
    Location
    NE Ohio
    Posts
    728
    Quote Originally Posted by DeSchaine View Post
    The big thing about them is that I've never seen one that was clearly marked. I know full well I live inside the zone of the local middle school, but there are no signs anywhere beyond the fence line surrounding the schools property. If a person is new to the area and walking down a street three blocks over, how do they know the school is even there?
    It is a good thing that there are no signs since the law says you have to know or have reasonable cause to believe you are in a school zone to be in violation:

    8 U.S. Code 922 - Unlawful acts
    (q)
    (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.
    Christian, Husband, Father
    NRA Life Member
    NRA Certified Range Safety Officer
    NRA Certified Pistol & Rifle Instructor

    Anything I post in these forums is my personal opinion formed by my own interpretation of the topic.
    IANAL and anything I say is not intended to be nor should it be taken as legal advice.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •