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School Zones

longwatch

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I will elaborate
School property: CC only with a CHP in your car.
1000 feet around the school property: CC or OC with a CHP on foot or vehicle.

ETA: I should say I really don't think there is a real worry about arrest under the federal code, I haven't been able to find anyone charged with violation of it.
 

Thundar

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Sep 12, 2007
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Newport News, Virginia, USA
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LEO 229 wrote:
Something does not jive.

They reference United States v. Morrison 2000 and talk about lack ofthe authority to enact such laws. I do not think it is in force.

Then the section you pasted is rather confusing. What is this "License" they speak of?

"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"

Then is says the police need to verify the person is "qualified" to receive it. I would submit that the police would be qualified based on their profession since they cannot have such disqualifications and still be able to do the job.

If a cop could not possess a gun.... he could not be on the job.

Lastly... it appears that if you HAVE a license.... you can be "in the zone."

LEO 229,

Yes your argument is logical, butbeing a police officer does notmeet the licensing requirement of GFSZA.

GFSZA is a federal law.GFSZA exempts those with valid permits from GFSZA, so in Virginia those with a CHP are exempt from GFSZA. Off duty LEOs are not exempt.

The Commonwealth does not have Gun Free School Zones, only the prohibition on carry at schools, school property and school buses.

So LEO 229 if you did not have a CHP and carried within 1000 feet of a school you would be committing a federal felony, even though the Commonwealth has the good sense toallow you to carry insidethe school even when off duty.

The citizen that obtains a CHP and is exempted from GFSZA and walks her child to the front door of the school while carrying (on school property) is committing a felony under the Commonwealths law.

Stupid confusing gun laws can make criminals of us all.
 

LEO 229

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Thundar wrote:
LEO 229 wrote:
Something does not jive.

They reference United States v. Morrison 2000 and talk about lack ofthe authority to enact such laws. I do not think it is in force.

Then the section you pasted is rather confusing. What is this "License" they speak of?

"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"

Then is says the police need to verify the person is "qualified" to receive it. I would submit that the police would be qualified based on their profession since they cannot have such disqualifications and still be able to do the job.

If a cop could not possess a gun.... he could not be on the job.

Lastly... it appears that if you HAVE a license.... you can be "in the zone."

LEO 229,

Yes your argument is logical, butbeing a police officer does notmeet the licensing requirement of GFSZA.

GFSZA is a federal law.GFSZA exempts those with valid permits from GFSZA, so in Virginia those with a CHP are exempt from GFSZA. Off duty LEOs are not exempt.

The Commonwealth does not have Gun Free School Zones, only the prohibition on carry at schools, school property and school buses.

So LEO 229 if you did not have a CHP and carried within 1000 feet of a school you would be committing a federal felony, even though the Commonwealth has the good sense toallow you to carry insidethe school even when off duty.

The citizen that obtains a CHP and is exempted from GFSZA and walks her child to the front door of the school while carrying (on school property) is committing a felony under the Commonwealths law.

Stupid confusing gun laws can make criminals of us all.
The ability to carry in a school off duty just changed a few years ago. It was not in the code section and I was breaking to law.

However.. Knowing that I am a member of a brotherhood and CCing anyway... I doubt I would have ever been caught or charged. I enjoy my employee discount. :p

Since the police are the agency that certify those that have this "Licence" I will assume that I can certify myself and that my credentials are my "Licence." Done deal!! :D
 

Thundar

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Newport News, Virginia, USA
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LEO 229 wrote:
Thundar wrote:
LEO 229 wrote:
Something does not jive.

They reference United States v. Morrison 2000 and talk about lack ofthe authority to enact such laws. I do not think it is in force.

Then the section you pasted is rather confusing. What is this "License" they speak of?

"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"

Then is says the police need to verify the person is "qualified" to receive it. I would submit that the police would be qualified based on their profession since they cannot have such disqualifications and still be able to do the job.

If a cop could not possess a gun.... he could not be on the job.

Lastly... it appears that if you HAVE a license.... you can be "in the zone."

LEO 229,

Yes your argument is logical, butbeing a police officer does notmeet the licensing requirement of GFSZA.

GFSZA is a federal law.GFSZA exempts those with valid permits from GFSZA, so in Virginia those with a CHP are exempt from GFSZA. Off duty LEOs are not exempt.

The Commonwealth does not have Gun Free School Zones, only the prohibition on carry at schools, school property and school buses.

So LEO 229 if you did not have a CHP and carried within 1000 feet of a school you would be committing a federal felony, even though the Commonwealth has the good sense toallow you to carry insidethe school even when off duty.

The citizen that obtains a CHP and is exempted from GFSZA and walks her child to the front door of the school while carrying (on school property) is committing a felony under the Commonwealths law.

Stupid confusing gun laws can make criminals of us all.
The ability to carry in a school off duty just changed a few years ago. It was not in the code section and I was breaking to law.

However.. Knowing that I am a member of a brotherhood and CCing anyway... I doubt I would have ever been caught or charged. I enjoy my employee discount. :p

Since the police are the agency that certify those that have this "Licence" I will assume that I can certify myself and that my credentials are my "Licence." Done deal!! :D
LEO 229,

Are you trying to pull a HankT on me??

I think the motivation of your post above wasto try to flush out all of the "Damn LEOs think they are above the law comments"

We all know that in the Commonwealth there isonly the CHP, which is either issued by the VSP or the circuit court.

My post was not intended to make some left handed accusation against you or other LEOs. Please open carry or conceal carry off duty wherever you desire. It can only make our society safer.The postwas intended to show the absolute absurdity of federal legislation such as the GFSZA.

IMHO when asked for a license I think that a copy of the bill of rights would suffice, after all we don't need a license to exercise our rights.:celebrate:celebrate:celebrate
 

nickerj1

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Joined
Jun 18, 2007
Messages
251
Location
, , USA
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Thundar wrote:
LEO 229 wrote:
Something does not jive.

They reference United States v. Morrison 2000 and talk about lack ofthe authority to enact such laws. I do not think it is in force.

Then the section you pasted is rather confusing. What is this "License" they speak of?

"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"

Then is says the police need to verify the person is "qualified" to receive it. I would submit that the police would be qualified based on their profession since they cannot have such disqualifications and still be able to do the job.

If a cop could not possess a gun.... he could not be on the job.

Lastly... it appears that if you HAVE a license.... you can be "in the zone."

So LEO 229 if you did not have a CHP and carried within 1000 feet of a school you would be committing a federal felony, even though the Commonwealth has the good sense toallow you to carry insidethe school even when off duty.


The Gun Free School Zone Act was voided and then re-enacted after changes:
http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act


The LEO safety act does not cover federal laws and statutes:
http://en.wikipedia.org/wiki/Law_Enforcement_Officers_Safety_Act
 

LEO 229

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USA
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Thundar wrote:
LEO 229,

Are you trying to pull a HankT on me??

I think the motivation of your post above wasto try to flush out all of the "Damn LEOs think they are above the law comments"

We all know that in the Commonwealth there isonly the CHP, which is either issued by the VSP or the circuit court.

My post was not intended to make some left handed accusation against you or other LEOs. Please open carry or conceal carry off duty wherever you desire. It can only make our society safer.The postwas intended to show the absolute absurdity of federal legislation such as the GFSZA.

IMHO when asked for a license I think that a copy of the bill of rights would suffice, after all we don't need a license to exercise our rights.:celebrate:celebrate:celebrate

Naw.. I got ya'....

That is why I posted that I could not carry at schools off duty till a few years ago when they changed the laws. I was shocked to see I could not... and then the following year I discovered they changed the law.

The laws are not perfect and sometimes need tweaking.

But I was joking about about getting over and all. I do not intentionally break any laws... except speeding. ;)And then it is no more than 10 over since this is the known variance permitted by most.
 

Smurfologist

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Joined
Jul 25, 2006
Messages
536
Location
Springfield by way of Chicago, Virginia, USA
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Everyone has made this very clear to me (I think)........OC or CC is fine on foot as long asonehas a CHP (I will assume that even if one OC, they must have a CHP toOCin a GFSZ). I totally understand about being in a vehicle (CC, not OC on school property; do not get out of the vehicle even without the weapon).

I apologize if I am slow at this. But, I am actually asking this question for several people, and, I want to explain it to them correctly. I appreciate everyone's input!

2nd Amendment.......Use it.......Or, lose it!!:X
 
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