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Thread: Kindercare?

  1. #1
    Regular Member Grimes's Avatar
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    Does Kindercare fall under the 1000ft gun-free school zone rule?
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  2. #2
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    i thought the 1000 ft school zone thing was unconstitutional. also i don't think Arizona enforces it. If it does im screwed since i live across the street from Apache elementary. Dont take my word for it im waiting for one of the more familiar guys to correct me if im wrong.

  3. #3
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    I don't know why people keep worrying about the federal 1,000 foot school zone law because Arizona does not recognize it. State law simply requires that if you go onto school property that the firearm be unloaded, out of sight, and locked in the vehicle while it is parked on the school property. Now obviously Arizona could not have a state law like that if they recognized the federal law that prohibited you from having it 1,000 feet from the school. I have been stopped by the police while on the sidewalk right in front of the school (like 1 foot away) and they made no issue about it. Another time I was pulled over while driving and actually pulled into the parking lot of the school with a loaded firearm on me and again no issue was made. Another time, I actually openly carried a firearm on me inside an elementary school during a time when school was not in session and they simply asked me to leave it in the car without making a major issue of it.

    If people are so scared to exercise their 2nd Amendment rights then that is their problem but I don't like people spreading false propaganda about laws that don't exist in Arizona. If you don't believe me, then you can even check the DPS website and they list where carry is not allowed. If they were concerned about this bogus 1,000 foot law then they would have posted that. They don't.



  4. #4
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    Look up Title 18 Section 922(q) of the US Code.

    (q)(1) The Congress finds and declares that - (A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem; (B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs; (C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary (!3) the House of Representatives and the Committee on the Judiciary of the Senate; (D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce; (E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason; (F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country; (G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States; (H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves - even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and (I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection. (2)(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 that the individual is qualified under law to receive the license; (iii) that is - (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle; (iv) by an individual for use in a program approved by a school in the school zone; (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual; (vi) by a law enforcement officer acting in his or her official capacity; or (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities. (3)(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearm - (i) on private property not part of school grounds; (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program; (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or (iv) by a law enforcement officer acting in his or her official capacity. (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.
    Nobody actually enforces it, and the US Supreme court found the prior version of the law unconstitutional due to Congresses lack of authority in the matter (which is why you see the BS language about interstate commerce in the current law), but it is the law of the land.

    Most everyone ignores this particular law and I don't think anyone has ever been prosecuted under it, but it still behooves us to be aware of it.
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  5. #5
    Regular Member Grimes's Avatar
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    well with that 1000 foot rule resolved, does kindercare fall under this?
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