Be mindful of the "1000 foot" federal law for those w/o a permit.
hsmith wrote:Be mindful of the "1000 foot" federal law for those w/o a permit.
If you are speaking about carrying within 1000 feet of a school in Virginia, I'm pretty sure there is no such law anymore. If I'm not mistaken, you can take a walk on the sidewalk right by a school in session OC'ing, no permit of course, of CC'ing with a permit.
If this is wrong, please someone correct me, but I think it is correct.
maybe thundar will become the OCDO version of "don't tase me bro" it might garner some good press.The Secret Service Protection Detail may supercede any and all regulations. I think this might just not be the right time for OC or CC unless you are willing to be tossed, cuffed, questioned and ultimately released.
If you couldn't tell 99' 11'' from 1000' you might have a problemHow does somebody know they are 1,000 feet from the school and not 99'11"? If there are two schools 500 feet apart, where does the measuring begin? From the corner of the first school or from the front door of either school if they are built parallel to each other and you are standing in front or in back of the school?
Do you see the legal flaw in the law?
SouthernBoy wrote:hsmith wrote:Be mindful of the "1000 foot" federal law for those w/o a permit.
If you are speaking about carrying within 1000 feet of a school in Virginia, I'm pretty sure there is no such law anymore. If I'm not mistaken, you can take a walk on the sidewalk right by a school in session OC'ing, no permit of course, of CC'ing with a permit.
If this is wrong, please someone correct me, but I think it is correct.
The 1000 feet is from Federal Gun Free Safety Zone Act rewritten in 1996. Concealed carry permit holders are exempted, but ONLY if they have a permit from the state where the school is. So if you are in a state other than where your permit is from, but it has reciprocity, you are illegal within 1000 feet of a school.
See: http://www.handgunlaw.us/documents/batf_school_zone.pdffor a letter from the ATF in 2002 on the school zone issues with out of state permits.
I don't see any information about the GFSZA being modified after being re-written in 1996. Not to say it isn't out there though, corrections are welcome as always.
And that is why it is a terrible law. Even a quick "thinking through it" comes up with so many vague "could happens." Hell, I am currently sitting 1500ft from a school, if I got in my car and drove over 501ft and didn't have a permit I would be breaking the law!Thanks for your response. May I ask this, then? What about a Virginia resident taking a walk (perhaps walking his dog) past a school while the school is in normal session, and this resident is open carrying his weapon.. not on school property. I believe LEO 229 once said that this was fine and since no permits are required in Virginia for OC, you would not even need any sort of ID.
Do you have any knowledge of this? One of the posters gave several examples of how someone may not even know how far they are from a school while carrying. This is very possible since schools are all over the place, in residential areas as well as being close to commercial areas.
Citation?The Secret Service Protection Detail may supercede any and all regulations. I think this might just not be the right time for OC or CC unless you are willing to be tossed, cuffed, questioned and ultimately released.
He doesn't have to break perimeter to protest. I see nothing wrong with OC'ing and protesting.Presidential rallies at this point in time (within 120 days of elections) become National Security Events therefore USSS has control of all things inside the perimeter. You won't get passed the metaltometers while armed if you aren't active LEO so don't even bother trying unless you want a lot of NEGATIVE attention. Presidential rallies are NOT the proper place to try and make a statement about OC. It just gives a negative impression of OCers to the public. If you try to break the perimeter while armed you WILL be arrested. Warning to the wise. Don't do it at Presidential rallies this close to an election. USSS authorization to direct NSE's falls under PDD-62, which has since been codified into 18 USC 3056. Breaking a USSS Security Perimeter is chargeable under 18 USC 1752 and is punishable by up to 10 years in Federal prison and/or fines if the violator is in possession of a firearm. If no firearm possessed, then its imprisonment up to 1 year and/or fines.
He doesn't have to break perimeter to protest. I see nothing wrong with OC'ing and protesting.