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Thread: Trapped On My Property.

  1. #1
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    My question is regarding open carrying in a school zone. The Guns Free School Zone states that one must not willingly carry a firearm withing 1,000 feet of a school. I live about 3 blocks (less than 1,000 feet) away from an elementary school. So with this federal law, I cannot OC whilewalking away from my house in the opposite direction of the school? So - I need to drive away, park and then walk while OC'ing?

  2. #2
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    The first key fact is that having a state LTCF (or equivalent) exempts a person from the GFSZ *********. But yes, without a license, I believe your assessment is correct.

    Gotta love abuse of the "interstate commerce" clause.

  3. #3
    Founder's Club Member - Moderator longwatch's Avatar
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    You do have a remedy, unload it and lock it in a container until you get out of the school zone.
    http://www.law.cornell.edu/uscode/18/922(q).html
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;
    (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;
    (iii) that is—
    (I) not loaded; and

    (II)
    in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone; (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

  4. #4
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    I live under a block from a middle school, and don't even take it into consideration, since the school is right up against the sidewalk. But like it's already been said, there's an exemption for licenseholders.

  5. #5
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    The only thing is that Wisconsin does not have licenses. I guess I'll just to have to case it until I get out of the school area (zone).

  6. #6
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    Does this apply to driving by a school on a main road? I live by a grade school and a Junior High. The grade school is back into my neighborhood a few blocks and the Junior High is also back here but East of me and may be less than 1,000 feet from the main road.

  7. #7
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    If the gun is unloaded and uncased it should not matter. If you are carrying the gun holstered I'm guessing that it would depend on your state of residence.

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