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Thread: Distance from a school?

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    Regular Member VAopencarry's Avatar
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    I should know this but I don't.......

    Does Virginia have a not within 1000 feet' of a school type law? I was heading to Manassas museum yesterday and noticed a school across the street. So I bagged it and left to be safe.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    This is how I understand the law, you can open or concealed carry within 1000 feet of a school (in accordance withFederal Law)if you have a concealed carry permit. I don't think Virginia has an actual "1000 Feet" law, I couldn't find one. Also, because VA has preemption,I don't think localitiesmake their own "Safety Zones."

    Here is how the state law addresses the issue ofthe "Possession of Weapon on School Property:"

    (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.

    The Gun Free School Zone Act of 1990 makes it "unlawful for any individual knowingly topossess a firearm that has moved in or that otherwise affectsinterstate or foreign commerce at a place that the individualknows, or has reasonable cause to believe, is a school zone."

    This does not apply to license holders: "(B) Subparagraph (A) does not apply to the possession ofa firearm - (ii) if the individual possessing the firearm is licensed to doso by the State in which the school zone is located or apolitical subdivision of the State, and the law of the State orpolitical 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..."

    There are some other exemptions listed too. Here is a link to 18 USC Sec. 922 (check section (q)(2)(A)) - Search for 'school zone'.

    I Googled "Gun Free School Zone Act of 1990." and go this explanation. It is worded a little differently but generally says the same thing.



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    Sorry, I re-read my post and forgot to mention that The Gun Free School Zone Act of 1990 is a Federal law... and I forgot the disclaimer: I AM NOT AN ATTORNEY.

    Hope the info helped.

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    VAopencarry wrote:
    I should know this but I don't.......

    Does Virginia have a not within 1000 feet' of a school type law? I was heading to Manassas museum yesterday and noticed a school across the street. So I bagged it and left to be safe.
    I'm aware of no such law, Gun Free School Zone act does call for 1000 feet radius around all schools but says permit holders are exempt and does not specify method of carry. Virginia prohibits guns on school grounds only. I'm not sure if school grounds would include street or sidewalk across from it. (I doubt it)

    GFSZ was ruled unconstitutional by the courts. Congress supposably "made" changes that it's now within the constitution but that has not be retested by the courts and I doubt it would past muster either. For all intensive purposes, it's pretty much "feel good" law that I haven't heard of being enforced and I doubt many LEO are aware of it. (Most will bag you for carrying at a school though)

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    Regular Member VAopencarry's Avatar
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    Thanks guys. I guess I was ok. But I was on my motorcyle, gun in tank bag, wearing OC holster and spare mag. Then I saw a cop rolling down the street so I just rode out of the area.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    They talked about this some at the last VCDL meeting. Remember, if you have a permit, you are allowed to carry concealed in your vehicle on school property. See the law I hyperlinked above. I guess this is for parents picking up kids and such.

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    Regular Member VAopencarry's Avatar
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    I knew about the 'in the vehicle' thing except I wasn't on school grounds. I wasn't sure about the 'circle of safety' :shock: around the school.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    I knew about the 'in the vehicle' thing except I wasn't on school grounds. I wasn't sure about the 'circle of safety' :shock: around the school.
    You were fine.

    If VA_Permit='False' AND within 1000' of a school = true
    then breaking FEDERAL law = true (rarely enforced, never heard of an example)
    breaking VA law = false

    If VA_Permit = 'True' AND within 1000' of a school = true
    then breaking FEDERAL law = false
    breaking VA law = false

    if VA_permit=False AND on school grounds = true and gun not in trunk enclosed=true
    then breaking VA law = true
    breaking federal law =true

    if VA_Permit = true and on school grounds = true and not in car = true
    then breaking Federal law = false
    breaking VA law = true

    Oh yea
    IANAL



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    rabbit994 wrote:
    VAopencarry wrote:
    I knew about the 'in the vehicle' thing except I wasn't on school grounds. I wasn't sure about the 'circle of safety' :shock: around the school.
    You were fine.

    If VA_Permit='False' AND within 1000' of a school = true
    then breaking FEDERAL law = true (rarely enforced, never heard of an example)
    breaking VA law = false

    If VA_Permit = 'True' AND within 1000' of a school = true
    then breaking FEDERAL law = false
    breaking VA law = false

    if VA_permit=False AND on school grounds = true and gun not in trunk enclosed=true
    then breaking VA law = true
    breaking federal law =true

    if VA_Permit = true and on school grounds = true and not in car = true
    then breaking Federal law = false
    breaking VA law = true

    Oh yea
    IANAL

    Say what?!!!!!

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    cs9c1 wrote:
    Say what?!!!!!
    I will try to make it a little less confusing (no offense, rabbit994):

    If you have a CHP, then where you are in relation to a school is irrelevant, as long as you do not carry onto school property, OC or CC. As a CHP holder, you may carry onto school property as long as the weapon remains conealed and inside your vehicle.

    If you don't have a CHP, to remain legal you must either stay outside the 1000' "circle of safety" entirely, or unload the weapon and lock it in your trunk before coming within 1000' of school property. This only applies to K-12 schools, BTW.

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    jimwyant wrote:
    cs9c1 wrote:
    Say what?!!!!!
    I will try to make it a little less confusing (no offense, rabbit994):

    If you have a CHP, then where you are in relation to a school is irrelevant, as long as you do not carry onto school property, OC or CC. As a CHP holder, you may carry onto school property as long as the weapon remains conealed and inside your vehicle.

    If you don't have a CHP, to remain legal you must either stay outside the 1000' "circle of safety" entirely, or unload the weapon and lock it in your trunk before coming within 1000' of school property. This only applies to K-12 schools, BTW.
    None taken. I was trying to reenforce that in the second scenario, you are only breaking federal law, not state law and last time this law was tried in court, it was ruled unconstitutial.

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