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Thread: Living within 1000 feet of a school - potential problem?

  1. #1
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    ptmmatssc's Fed Law vs State Law post brings up a good point.

    If you live within 1000' of a school, can you own firearms?

    Or, does the prohibition (there's THAT word again, as well...) not apply to private property?
    Why open carry? Because 1911 > 911.

  2. #2
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    IMNAL, but on your private property you are just fine. Now that doesn’t make it ok to stand in your front yard waving you gun like a lunatic, but proper responsible ownership is not a problem. Also it is ok to legally transport your gun past a school while heading to another legal place (like a shooting range, or even a friends house). All your local laws still apply, but transporting within 1000ft (local laws define legal transport) and owning on a private residence it legal. As for Fed law vs. state law the more restricting law is what is enforced, and if they contradict each other Fed law wins.

    Edit (even though fed law wins, you may still end up fighting it in court to prove that point)


  3. #3
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    AbNo wrote:
    ptmmatssc's Fed Law vs State Law post brings up a good point.

    If you live within 1000' of a school, can you own firearms?

    Or, does the prohibition (there's THAT word again, as well...) not apply to private property?
    What research dod you do on this question before posing it here? it is well documented on teh web that (1) the Supreme Court strick down the federal school gun ban in Lopez, and (2) the federal ban has a 100% exemption for gun carry permit holders (note: BATFE takes the position that th eprmit must be issued by the state in which the school sits)

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    Mike - May I suggest that you remove your post and do further research before you are set upon. Both parts of your response have serious deficiencies.

  5. #5
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    apjonas wrote:
    Mike - May I suggest that you remove your post and do further research before you are set upon. Both parts of your response have serious deficiencies.
    Explain.

  6. #6
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    Well for one the CHP in Virginia is not as a practical matter a "100% exception" for the laws that apply around schools. While Lopez is reported to have disposed of the ban it is still enforced, and in many places it is still a local or state issue.

    In short, Mikes answer need to be a little longer to properly address the OPs question.

    Regards
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    Tomahawk wrote:
    apjonas wrote:
    Mike - May I suggest that you remove your post and do further research before you are set upon. Both parts of your response have serious deficiencies.
    Explain.

    Ok, ok.


    1. The GFSZ law was reenacted post-Lopez supposedly repairing the deficiencies that led to SCOTUS drop kicking it. There has not be a new challenge, so it is the law.

    2. As indicated in another thread, the "permit" exception only applies to the federal GFSZ. It has no effect on state or local law. In other words, if your state has its own GFSZlaw without a permit exception, the federal law doesn't help you. It does not "override" the local law.

    I have yet to see a GFSZ (federal or state) that does not exempt private property that falls within the zone.



  8. #8
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    apjonas wrote:
    Ok, ok.


    1. The GFSZ law was reenacted post-Lopez supposedly repairing the deficiencies that led to SCOTUS drop kicking it. There has not be a new challenge, so it is the law.
    The reason there have been no challenges is because the federal government will not take charges under the GFSZA to trial - the Defendant merely has to raise Lopez to presumably quash the charge.

    I imagine many Dfendants plea guilty to GFSZA violations to aoid trial on more onerous offenses.

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