OC in/on a Safe School and Recreation Zone

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Does anyone have a cite for the fed school zone being ruled unconstitutional and then reinstated?

In the recent thread about the Florida reporter arrested for CC while in front of a school, the charge of carrying on school property was dropped as he was on the sidewalk. but he was surely within 1000 ft. so why didn't the fed school zone get him?

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What I could find I'll try to list. The original act was 1990, overturned in US vs Lopez 1995. Rewritten in 1995 and signed and passed in 1996.

http://wise.fau.edu/~tunick/courses/conlaw/gunlaw.html

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


http://www.gunlaws.com/Gun_Free_School_Zones.htm


[size="-1"]http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

The links I gave in the pevious post were from the State of Delaware's Attorney Generals web page.[/size]

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thanks stephpd,

DELAWARE ATTORNEY GENERAL


[align=left]SCHOOL ZONE PENALTY ENHANCEMENT FOR WEAPONS[/align]

[align=left]
Federal Gun-Free School Zones

The federal law makes it unlawful for anyone to possess a firearm (that affects interstate or foreign commerce), at a place that the person knows, or has reasonable cause to believe is a school zone. Schools Zones include a distance of 1,000 feet from the ground of a public, parochial or private elementary or secondary school.


it is pretty bad when the AG either can't read the law or puts out false info.

(B) Subparagraph (A) does not apply to the possession of a firearm:

[font="verdana, arial, helvetica"](i) on private property not part of school grounds;[/font]

[font="verdana, arial, helvetica"][size=-1](ii) 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[/size][/font]
[/align]

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That's why they're lawyers and not judges. Lawyers are taught to argue law, they can take either side and say what THEY think it say. Got to have lots of money to challenge the law and have the courts decide.

USvs Lopez tried it once and won and the lawyers went in and change just a few words and reinstate the law as rewritten. Since non of the gun lobbies have challenged it in court since gives me the idea that it means what THEY want it to mean no matter how the general population reads the same thing.

Like I said I'm no lawyer. Everytime I have to read laws my head starts hurting cause I have so many problems with what is actually written down as law. I usually get it all wrong.


As Dave in Delaware wrote:

Probably because people who OC/CC avoid the School Zones like the plague!

(just to be on the "safe" side of things....)



I'm not willing to test the waters. If you got money give it a try.

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I don't have the time or the money, so on school grounds I cc. (with my state licence)the law is weird, sometimes I think the legislators should have a Breathalyzer and pee in a cup before they propose any laws. the 1000 feet school zone wouldn't apply to someone who's property butts up to school grounds (private property) so he could sit on his property line with his gun, but if hesteps off the far side of his property onto a public sidewalk 999 feet from the school grounds he is a criminal?:banghead:

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Pretty much. I might be violateing the law every time I pull mt car out of the driveway. Live within 1000 feet of a school and would have to keep my gun in my car and walk a couple of blocks with the car being more that 1000 ft away. Dumb laws. I just try not to go on school property. I still walk my dogs around the school while carrying but keep off the grass, walk on the streeets or sidewalks.