DrTodd
Michigan Moderator
imported post
If you do not have a cpl, you may be violating federal law if you own a firearm and "home-school" your children.
The law bans guns within 1,000 feet from the "grounds" of a "public, parochial or private school..." "School" means "a school which provides elementary or secondary education, as defined under State law."
Most -- if not all -- states do recognize that home schools provide "elementary or secondary education" for the purpose of exempting those students from the mandatory attendance requirements of state law.
The act does NOT specifically look to state law with respect to the question of whether a "home school" is a "private school." But there is a substantial danger that courts will make that finding. Webster's Dictionary defines "private" to mean: "2. not open to, intended for, or controlled by the public [a private school]." Obviously, a home school is not open to, intended for, or controlled by the public. Every educated advocate interested in preserving home schools who has reviewed this problem has reached the same conclusion: there is too much of a danger that this act will be interpreted to prohibit the possession of firearms by parents who home school their kids.
In fact, Republicans on the House Judiciary Committee have privately conceded the dangers for home schools, quietly assuring other House Republicans that they would be willing to entertain a "clarification" protecting home schools. Unfortunately, these "assurances" are too-little, too-late.
Those of you who think that because your home school is "private property" and you would be somehow exempt, take a look at which private property is given an exception under the law.
http://www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/gun_free_school_zones.txt
If you do not have a cpl, you may be violating federal law if you own a firearm and "home-school" your children.
The law bans guns within 1,000 feet from the "grounds" of a "public, parochial or private school..." "School" means "a school which provides elementary or secondary education, as defined under State law."
Most -- if not all -- states do recognize that home schools provide "elementary or secondary education" for the purpose of exempting those students from the mandatory attendance requirements of state law.
The act does NOT specifically look to state law with respect to the question of whether a "home school" is a "private school." But there is a substantial danger that courts will make that finding. Webster's Dictionary defines "private" to mean: "2. not open to, intended for, or controlled by the public [a private school]." Obviously, a home school is not open to, intended for, or controlled by the public. Every educated advocate interested in preserving home schools who has reviewed this problem has reached the same conclusion: there is too much of a danger that this act will be interpreted to prohibit the possession of firearms by parents who home school their kids.
In fact, Republicans on the House Judiciary Committee have privately conceded the dangers for home schools, quietly assuring other House Republicans that they would be willing to entertain a "clarification" protecting home schools. Unfortunately, these "assurances" are too-little, too-late.
Those of you who think that because your home school is "private property" and you would be somehow exempt, take a look at which private property is given an exception under the law.
http://www.cs.cmu.edu/afs/cs/user/wbardwel/public/nfalist/gun_free_school_zones.txt