johnfenter
Regular Member
imported post
Unfortunately, the Federal GFSZA is in no way dependent on state law. The definition of a school zone is found in 18USC921:
(25) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
The bottom line is this; if you carry a firearm on public property in a school zone, loaded or not (and by carry I mean in a holster on your person or in a vehicle within reach and not in a locked case), and you DO NOT have a valid license/permit to carry issued in the State where the school is located, you are in violation. This is particularly egregious since the BATFE does NOT recognize any sort of reciprocity agreements between states; if you have a VA permit, currently considered validby NC, and you carry through a school zone in NC, they interpret that as a violation. See the BATFE letter on the GFSZA at http://www.handgunlaw.us/state-link.htm; the link is on thaqt page. Additionally, even ifyou DO have a permit in a state that allows you to carry in a GFSZ, there is no provision in the law allowing DISCHARGE of a firearm in self-defense; if you are chased into the street by an assailant in a school zone, and defend yourself lawfully, you won't be charged under State law, but the Feds could prosecute you for it. This law is generally not enforced... yet. I believe that getting this fixed is as important, if not more so, than the National Park ban; it's a lot easier to stay out of Parks than school zones while conducting your daily business.
Note that if you have a non-resident permit for, say, FL, and you visit FL and carry in a GFSZ, you are good to go, since that permit WAS issued by "the state in which the school is located". It's the reciprocal agreement states where you are carrying on an out-of-state permit that you need to worry about. Sorry, LEO229, but VA Code has nothing to do with this...
Unfortunately, the Federal GFSZA is in no way dependent on state law. The definition of a school zone is found in 18USC921:
(25) The term ``school zone'' means--
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
The bottom line is this; if you carry a firearm on public property in a school zone, loaded or not (and by carry I mean in a holster on your person or in a vehicle within reach and not in a locked case), and you DO NOT have a valid license/permit to carry issued in the State where the school is located, you are in violation. This is particularly egregious since the BATFE does NOT recognize any sort of reciprocity agreements between states; if you have a VA permit, currently considered validby NC, and you carry through a school zone in NC, they interpret that as a violation. See the BATFE letter on the GFSZA at http://www.handgunlaw.us/state-link.htm; the link is on thaqt page. Additionally, even ifyou DO have a permit in a state that allows you to carry in a GFSZ, there is no provision in the law allowing DISCHARGE of a firearm in self-defense; if you are chased into the street by an assailant in a school zone, and defend yourself lawfully, you won't be charged under State law, but the Feds could prosecute you for it. This law is generally not enforced... yet. I believe that getting this fixed is as important, if not more so, than the National Park ban; it's a lot easier to stay out of Parks than school zones while conducting your daily business.
Note that if you have a non-resident permit for, say, FL, and you visit FL and carry in a GFSZ, you are good to go, since that permit WAS issued by "the state in which the school is located". It's the reciprocal agreement states where you are carrying on an out-of-state permit that you need to worry about. Sorry, LEO229, but VA Code has nothing to do with this...