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Schools and School Zones / Oak Harbor...

G

Guest

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Friend of mine told me that Oak Harbor has/had impose a city ordinance stating that carrying concealed within 500 yds of a school is illegal? Their is a major throughfare that connects two major arteries in this town that passes right in front of a school. How do my rights apply in this case? I would imagine they would freak if they saw me walk down the sidewalk while carrying openly.

Thanks,

Dave
 
J

joeroket

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Dukester wrote:
Friend of mine told me that Oak Harbor has/had impose a city ordinance stating that carrying concealed within 500 yds of a school is illegal? Their is a major throughfare that connects two major arteries in this town that passes right in front of a school. How do my rights apply in this case? I would imagine they would freak if they saw me walk down the sidewalk while carrying openly.

Thanks,

Dave
Click to expand...
The city ord., if it does exist is pre-empted and repealed by state law. Now if you do not have a Wa. CPL then they could technically get you on the federal gun free zone laws.

Code: 
(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 
hat the individual is qualified under law to receive the license;
 
C

carhas0

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I agree with joeroket. With a CPL you should be fine because the local ordinance is repealed by preemption. Without a CPL you would run into federal trouble, which restricts carry in a school zone to CPL holders (but I don't remember the distance of a "school zone" from a school).
 
J

joeroket

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sean-1286 wrote:
I agree with joeroket. With a CPL you should be fine because the local ordinance is repealed by preemption. Without a CPL you would run into federal trouble, which restricts carry in a school zone to CPL holders (but I don't remember the distance of a "school zone" from a school).
Click to expand...
Oh I forgot to type that , Sorry. The school zone by federal definition is 1000 feet from the boundary lines of the school.
 
G

Guest

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I do posses a CPL as I mostly CC.I amnew to this open carrying option. Still scared as hell on trying it out on the local law enforcement community...

Dave

 
C

carhas0

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Dukester wrote:
I do posses a CPL as I mostly CC.I amnew to this open carrying option. Still scared as hell on trying it out on the local law enforcement community...

Dave
Click to expand...

There are others on the forum up your way. You could try contacting them through the boards and arrange a lunch or something. Or you could make it to the monthly lunch in Everett this coming Sunday.

I was nervous about OCing in Seattle so for my first "real OC" (meaning significant outing) I was with others from the board and it helps a lot.
 
J

joeroket

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Dukester wrote:
I do posses a CPL as I mostly CC.I amnew to this open carrying option. Still scared as hell on trying it out on the local law enforcement community...

Dave

Click to expand...
Then you are completely legal in walking in front of the school. Myself, I would walk across the street from it just so they can't say you went across part of the school property.
 
A

Agent 47

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So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
 
J

joeroket

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Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
 
Bill Starks

Bill Starks

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To quote RCW 9.41.280

Possessing dangerous weapons on school facilities — Penalty — Exceptions.

(3) Subsection (1) of this section does not apply to:

(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;

(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;

(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school;
 
D

DrewGunner

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joeroket wrote:
Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
Click to expand...
You have to have a CPL to carry within 1000 ft of the school? How does that work? What if you lived across the street from a school and didn't have a CPL?
 
H

heresolong

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DrewGunner wrote:
joeroket wrote:
Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
Click to expand...
You have to have a CPL to carry within 1000 ft of the school? How does that work? What if you lived across the street from a school and didn't have a CPL?
Click to expand...
According to the BS federal law you have to have it unloaded and cased. This would even apply to get to and from your car. That is one of the reasons this law is so ridiculous.
 
D

DrewGunner

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heresolong wrote:
DrewGunner wrote:
joeroket wrote:
Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
Click to expand...
You have to have a CPL to carry within 1000 ft of the school? How does that work? What if you lived across the street from a school and didn't have a CPL?
Click to expand...
According to the BS federal law you have to have it unloaded and cased. This would even apply to get to and from your car. That is one of the reasons this law is so ridiculous.
Click to expand...
Thats very good to know. I've been looking at rental houses, one of them is across the street from a school.
 
S

sv_libertarian

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Olympia, WA, ,
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Dukester wrote:
I do posses a CPL as I mostly CC.I amnew to this open carrying option. Still scared as hell on trying it out on the local law enforcement community...

Dave

Click to expand...
I grew up in Oak Harbor, and really have no opinion on what the locals would do over OC. If I get up that way again anytime soon mebbe we can meet up for lunch someplace. That Chinese buffet still on Midway?
 
C

CC27

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, Washington, USA
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joeroket wrote:
Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
Click to expand...
do you have to CC?
 
S

Stealth Potato

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joeroket wrote:
(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.
Click to expand...
This is just another example of the ridiculous lengths to which the commerce clause is stretched to grant the federal legislature damn near arbitrary regulatory power. Simply because a firearm has "moved in" or "affects" interstate commerce, the feds have the authority to dictate what may be done with it forever after? It's such a transparent abuse of the government's constitutional authority that I'm amazed it's allowed to stand.

:banghead:
 
A

althor

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West Jordan, Utah, USA
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heresolong wrote:
DrewGunner wrote:
joeroket wrote:
Agent 47 wrote:
So just to make sure I got this strait, you can carry within 1000 feet of school grounds as long as you have a CPL. You can carry on school grounds with a CPL as long as you are picking up or droping off a student. And you can never carry a gun inside a school building.
Click to expand...
That is exactly correct.
Click to expand...
You have to have a CPL to carry within 1000 ft of the school? How does that work? What if you lived across the street from a school and didn't have a CPL?
Click to expand...
According to the BS federal law you have to have it unloaded and cased. This would even apply to get to and from your car. That is one of the reasons this law is so ridiculous.
Click to expand...
Well the first exemption to the law is for private property that is not part of school grounds. You're just fine if you live within 1000ft. And you don't have to worry about carrying your gun to your car unless you park on the street off your property.

At least that is how I read it.
 
H

heresolong

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Oct 4, 2007
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Blaine, WA, ,
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Stealth Potato wrote:
joeroket wrote:
(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.
Click to expand...
This is just another example of the ridiculous lengths to which the commerce clause is stretched to grant the federal legislature damn near arbitrary regulatory power. Simply because a firearm has "moved in" or "affects" interstate commerce, the feds have the authority to dictate what may be done with it forever after? It's such a transparent abuse of the government's constitutional authority that I'm amazed it's allowed to stand.

:banghead:
Click to expand...
Don't know if it has been mentioned on this forum before, but the courts ruled that the commerce clause extended to a farmer who grew crops "only for his own use" on the grounds that otherwise he would have been purchasing those crops from other farmers from out of state. Therefore they could regulate him because he was affecting interstate commerce. The restriction on the federal government based on interstate commerce is as dead as George Custer (unless there is ever a reversal in the SCOTUS).
 
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