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Thread: Carry in vicinity of school

  1. #1
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    Alright...I've been researching this for several hours now and I think I know the answer to my question, but thought I would pose the question here for thoughts and feedback. First, I think the answer to the question is "no".

    Now, the scenerio...

    A couple of times this week I have ridden my bicycle (non-motorized) from my house to the grocery store, which is 3 miles away. On the way to the store, I am riding on a bike path on a public road. One section of the public road is bordered by a school zone on either side (one high school and one middle school).

    Is it lawful for me to carry, either concealed or open, on this section of the road that is bordered by the two schools?

    I say no because:

    a) US 18-922(q)(2) prohibits me from possessing a firearm within 1000' of a school
    zone
    b) § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school
    property prohibited provides an exception for a person carrying a concealed
    firearm lawfully while in a motor vehicle, but not one who is on a bicycle.

    I suppose I could possess my firearm if I had it unloaded and in a locked container, but that seems impractical, especially if one carries for self defense. Then comes the logistics of ensureing that the container is properly secured so as to not become seperated from the bicycle.

    Anyone else have any thoughts on this scenerio? Would be good to know because there are questionable neighborhoods along this road and I would prefer to carry my firearm with me. Otherwise, I'll be looking for an alternative route or just driving to that store.

  2. #2
    Founder's Club Member - Moderator longwatch's Avatar
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    vrwmiller wrote:
    Is it lawful for me to carry, either concealed or open, on this section of the road that is bordered by the two schools?

    I say no because:

    a) US 18-922(q)(2) prohibits me from possessing a firearm within 1000' of a school
    zone
    b) § 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school
    property prohibited provides an exception for a person carrying a concealed
    firearm lawfully while in a motor vehicle, but not one who is on a bicycle.

    Do you have a Virginia CHP? If so, then you are exempt from A, not getting into the constitutionality of the GFSZ act or the unlikelihood of prosecution if you don't have one.
    If you are on a public road and not on school property, I'd say you aren't violating 18.2-308.1

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    longwatch wrote:
    Do you have a Virginia CHP? If so, then you are exempt from A, not getting into the constitutionality of the GFSZ act or the unlikelihood of prosecution if you don't have one.

    If you are on a public road and not on school property, I'd say you aren't violating 18.2-308.1
    I do have a valid VA CHP. So, are you saying that I would be exempt from 18 USC 922(q)(2) by the exemption identified in sub-paragraph B(ii) of the same statute? I can see where that would be the case. Would it matter whether or not the firearm were open or concealed?

    I agree that on a public road, I am not in violation of 18.2-308.1.

  4. #4
    Founder's Club Member - Moderator longwatch's Avatar
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    I cant see how OC or CC matters.

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    longwatch wrote:
    I cant see how OC or CC matters.
    This is my rationale/thinking when proposing that question. The exemption in 18 USC 922(q)(2)B(ii) states:

    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
    Since VA only has a license for concealed carry and not open carry. Would it dictate the need to actually conceal?

    I follow this line of thinking after reading § 18.2-308.1. Because in the exemptions it provides for those with a valid CHP, it implies that said firearm must be concealed while on the school property. The mere fact that one has a CHP does not exempt one from the statute as the implication is that the firearm also be concealed.

  6. #6
    Founder's Club Member - Moderator longwatch's Avatar
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    I think in this case the value of the Virginia CHP is that it makes you an exception to the GFSZ, but the federal code doesn't dictate that you must use it.

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    longwatch wrote:
    I think in this case the value of the Virginia CHP is that it makes you an exception to the GFSZ, but the federal code doesn't dictate that you must use it.
    That's how I understand it.

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    The way I see it... unless Virginia has adopted a state code to match the federal code... you could only be arrested by the FBI. I do not think they are going to worry about you walking by.

    The local police would need a state code to charge you under.

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