CCW in AK for "gun free school zones"?

Rabid SA-XD · Jan 29, 2009

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Is it legal for a CCW permit holder to carry a loaded firearm on school grounds?

i have some quotes for you

THE "GUN OWNER REGISTRATION EXEMPTION:" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.) What this so-called exemption does is force a citizen to register with the authorities as a gun owner before he can carry a loaded self-defense weapon in his or her car.

taken from here : http://gunowners.org/fs9611.htm

and then this:

K-12 Carry Not Yet Determined

NOTE: The Federal Gun-Free School Zones Act Restricts Carry to Permit Holders can be found here : http://opencarry.org/ak.html

So what is the law? my understanding is that the state may not impose a law tighter than the federal law? or am I assuming something here?

What I get out of this is that there is a reason after all to have a permit for CCW, if it is going to allow K-12 Conceal carry.

david.ross · Jan 29, 2009

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Rabid SA-XD wrote:

So what is the law? my understanding is that the state may not impose a law tighter than the federal law? or am I assuming something here?

WTF, where did you get that idea?

Anyway, no you may NOT carry on school grounds. A firearm must be stored in accordance to the statute and the Gun Free School Zone Act
[align=left]Statute below, simply put you'll go to jail if you carry a loaded or unloaded firearm on your person unless under the exception in (C).
[/align][align=left]Statute below
[/align][align=left]

Sec. 11.61.210. Misconduct involving weapons in the fourth degree.[/align][align=left]

(a) A person commits the crime of misconduct involving weapons in the fourth degree if the person[/align][align=left]

(7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess[/align] [align=left]

(A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle;[/align] [align=left]

(B) a defensive weapon;[/align] [align=left]

(C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, "rural" means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or

[/align]

Rabid SA-XD · Jan 29, 2009

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still seems there is conflicting information there

david.ross · Jan 29, 2009

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no, the statute is really clear.

"knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer"

You can't be more clear than that. There are the exceptions listed below for people who are 21 years or older.

Rabid SA-XD · Jan 29, 2009

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then i guess im wondering what this means....

NOTE: The Federal Gun-Free School Zones Act Restricts Carry to Permit Holders

Rabid SA-XD · Jan 29, 2009

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and why shouldn't permit holders be allowed to keep their loaded sidearm, holstered while dropping off their children? Makes no sense why the govt would rather a law abiding permit holder handle their weapon with kids in the vehicle, so it could be unloaded for the 1000 feet rule. Certainly the least ammount of handgun handling should be the common goal here.

david.ross · Jan 29, 2009

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You should look closer at the Gun Free School Zone Act, you'll see from the SCOTUS ruling it was first struck because congress doesn't have the right to regulate firearms at specific locations unless federal, those issues are left to the states. The act regulates firearms when there is interaction with interstate commerce.

You don't seem to know much on how law works or who can do what, I recommend you pick up a book.

Rabid SA-XD · Jan 29, 2009

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Who the ef declared you the know it all? i asked a question, if you cant be nice.... gtfo, and go play with your legos and tonka trucks. I will leave it at that.

david.ross · Jan 29, 2009

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FYIAK

note: FYIAD, I replaced the D for a K ^_^

Rabid SA-XD · Jan 29, 2009

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you might be a kid, but certainly not a dragon, and definately not on my christmas card list

=^.^=

david.ross · Jan 29, 2009

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Doesn't really matter what my age is, as I've done more to help the open carry and pro gun movement than you. Not only have I helped educate law enforcement in Alaska but Pennsylvania as well.

Flintlock · Jan 29, 2009

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insane.kangaroo wrote:

Doesn't really matter what my age is, as I've done more to help the open carry and pro gun movement than you. Not only have I helped educate law enforcement in Alaska but Pennsylvania as well.

That's a bold statement as you have no clue as to whom you are typing to and I find yourbantering unneccesary. Even if it were true that "you have done more," it is irrelevant as his questions and opinions are equally valid.Perhaps you should try using more tact in your posts if you expect to influence anyone here.

Furthermore, are you a lawyer? If not, perhaps you can cite some case law to back up your statements. I would be interested in reading what you have.

Nice to have fellow Alaskan's treat each other this way when someone is trying to learn. And after all that, you never did answer his question.

david.ross · Jan 29, 2009

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His own self assumed answers are incorrect, just as the pilot guy who joined the forum from Soldotna asking if he could carry his switchblade he bought out of state.

As to his stupidity, it started after he told me to go play with my legos.

I damn well answered his question, its a big NO. How god damn stupid can people be, I even pasted the statute and he went on to assume it's difficult to read so it's legal to carry because the Gun Free School Zone act mentions the exception to permit holders.

Flintlock · Jan 29, 2009

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insane.kangaroo wrote:

His own self assumed answers are incorrect, just as the pilot guy who joined the forum from Soldotna asking if he could carry his switchblade he bought out of state.

As to his stupidity, it started after he told me to go play with my legos.

I damn well answered his question, its a big NO. How god damn stupid can people be, I even pasted the statute and he went on to assume it's difficult to read so it's legal to carry because the Gun Free School Zone act mentions the exception to permit holders.

Fair enough Kangaroo, I remember the switchblade guy,but why such hostility and why so many insults? You might be right, but goodness gracious, it this necessary?

He posted a line twice that maycontradict what you mentioned, perhaps causing confusion,and you just basically chastised him for being wrong. All I ask is that if you want to disagree with someone or set them straight, please provide citations if possible and please try to use less of a personal attacking post style.

Regards and be safe..

david.ross · Jan 29, 2009

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You're right, I'm probably being a bit too harsh. I should lighten up some so I don't become an abrupt a$$hole like the state trooper who harassed me which clearly didn't know the law after spewing about 5 different charges he would try against me one after the other each time I stated to him the law on each. I just get so disappointed when someone doesn't know the law, and especially more when the person is an officer in law enforcement. I've probably cocked an attitude due to my tongue biting while getting flamed by specific officers in PA when over the phone.

Flintlock · Jan 29, 2009

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insane.kangaroo wrote:

You're right, I'm probably being a bit too harsh. I should lighten up some so I don't become an abrupt a$$hole like the state trooper who harassed me which clearly didn't know the law after spewing about 5 different charges he would try against me one after the other each time I stated to him the law on each. I just get so disappointed when someone doesn't know the law, and especially more when the person is an officer in law enforcement. I've probably cocked an attitude due to my tongue biting while getting flamed by specific officers in PA when over the phone.

That's disturbing. Were you the guy in the HomerWalmart that was harrassed or was this another case. I must have read about it from your postings, but in case I have not, could you PM me the details so as to not highjack this thread..?

spyderdude · Jan 29, 2009

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I might have been the one that posted about Wal Mart, and it was the Anchorage mid-town location. That has been resolved with the store manager.

Anyway it is my understanding that it is illegal by statute to carry on K-12 school grounds, but does not apply to University Campuses, although they do have their own restrictions against the carrying of weapons.

david.ross · Jan 29, 2009

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correct spyder. I should also note "no firearms" signs, notice against trespass, do not have any legal standing in places open to the public.

Here is a link to the trespass statute
http://www.legis.state.ak.us/cgi-bi...08/query=notice+against+trespass/doc/{@4492}?

Note the laws are in regard to undeveloped land and land which clearly notes land which is not open to the public. For no hunting, the sign has to say no hunting, no trespass, etc ALL accesses around the property.

The point is, signs on college campus doors or businesses have no legal standing. I usually ignore them, even while open carrying, and go about my business. If I'm asked to leave, so be it. I simply call them up and influence them to allow me to open carry, if they don't, I ask them why their business has taken up an anti-american stance... like Costco.

Flintlock · Jan 30, 2009

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Kangaroo, there has been an ongoing debate in this section about whether or not open carry is legal in Alaska in places that serve alcohol for on-premises consumption. This is based on a concealed carry law in the statutes that seems to leave out open carry. For a while, I believed it was not legal, but after careful consideration, considering that I can find no actual statutes stating that it is illegal (which would be required) I have since changed my mind. I will be looking for clarification someday from the Attorney's General Office.

What say you?

Also, there has been some other legal issues pertaining to our state. It seems that the city of Palmer still has restrictions listed on the city website for concealed and apparently open carry as well, which includes the Fairgrounds. It is my understanding that Anchorage may still as well and has signs posted at the Lusaac Library, which is a public Library I believe. It is my legal understanding that Municipal Preemption signed in 2005 overrides these restrictions.

What say you?

spyderdude · Jan 30, 2009

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The Lusac Library is posted, so I just don't go there. I rarely go to libraries as it is. As mentioned before, if you're open carrying and you're asked to leave, do so, otherwise you'll be charged with trespassing. I usually conceal carry most of the time during the winter, so it's a don't ask don't tell kind of thing for me. The statute regarding the carrying of weapons to me is as clear as day. I am not aware of any municipal restrictions as stated in the statute, municipalities are prohibited from enacting stricter laws.

Places off limits are K-12 schools, bars, courthouses, domestic violence shelters, licensed daycare facilities, and any residence where the person carrying the weapon has not received permission to carry within the home they're about to enter.

If the statute applies to concealed carry, I do not see why it shouldn't apply to open carry as well. If you KNOWINGLY possess a deadly weapon on or in any of the restricted areas, you will be charged for it.

CCW in AK for "gun free school zones"?

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