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Thread: Question about school zones

  1. #1
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    I was looking at GE the other day and noticed that my route home is a school minefield. Besides the obvious highschools that I have seen, that are at least a dozen more that I never knew were there, but I drive within 1000' of them. Does this fall under the part of the law saying you can have a gun in your vehicle for a lawful purpose? I would hate to get pulled over for whatever reason and also be charged with having a gun in a school zone.

  2. #2
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    If you're talking about Colorado, you're probably best asking in the Colorado forum. I know that here in Ohio, even walking along the street in front of a school is perfectly legal.

  3. #3
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    Depends on the state, but I would think that if you are on a public road, and not physically on school property, you should be ok.

  4. #4
    Regular Member ChinChin's Avatar
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    I think you are reference the laughable "Gun Free School Zone"which was all the rage in the 90's and knee jerk legislation.

    It was voided by SCOUTS in 1995 as unconstitutional. (United States v. Lopez)

    They brought it back in 2000 but in a much watered down version that says you have to be ON school grounds to be charged, or simply firing wildly and recklessly in the air within 1000 yards.

    If the state/commonwealth you reside in has no issue with you having a firearm (citizen in good standing yadaa yadaa) you can't be charged for driving by a school on a public street.
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    I beleive (and I am sure will be corrected if wrong) that as long as you are going to a place that is legal to have a gunyou are OK. Same if you home is within 1000+ft of a school.

  6. #6
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    The re-enacted federal gun free school zone went into effect in 1996. The law holds almost no weight as no one has been charged. I doubt it would ever hold in court.



    The highlights were that it had exception for anyone that was licensed to carry in their state. I believe the original one and the new one is the where people get this "1000 ft" rule.



    Text of the 1996 Law

    http://www.cs.cmu.edu/afs/cs/user/wb...hool_zones.txt

    Wikipedia Article on the 95 and 96 Laws

    http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act




    This is a prime example of the courts finally ruling some unconstitutional and our gov't ignoring it and re-enacting the law. Something like 20 words where changed, along with the exceptions being made for those who were licensed.

  7. #7
    Regular Member Michigander's Avatar
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    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or apolitical 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;

    I'm trying to figure out what this means for Michigan residents. Here in Michigan, in order to own or open carry a handgun, that handgun must be "safety inspected" (registered). If it isn't, it's a crime to possess or carry one. This amounts to state authorization to carry. You can't carry without having the state run a background check, followed by giving you a purchase permit, and then a safety inspection certificate. That falls within the definition of licensing.
    1.formal permission from a governmental or other constituted authority to do something, as to carry on some business or profession.
    2.a certificate, tag, plate, etc., giving proof of such permission; official permit: a driver's license.


    So, by default, do you guys think Michigan residents are exempt from this law when it comes to lawfully owned handguns?

    I asked this question in Michigan's forum, but nobody seems to know. If I have to, I might just write the ATF.
    Answer every question about open carry in Michigan you ever had with one convenient and free book- http://libertyisforeveryone.com/open-carry-resources/

    The complete and utter truth can be challenged from every direction and it will always hold up. Accordingly there are few greater displays of illegitimacy than to attempt to impede free thought and communication.

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