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Thread: Open Carry near a school

  1. #1
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    The attached image shows Columbia Elementary School to the left, and on the right, the Mason District Off Leash Dog Park. Is there anything that would prohibit me from carrying in the park, or its parking area, given the proximity to the school?

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    There is that 1000' perimeter within which you are not allowed to carry a firearm. But given some of the vagueness and patchwork nature of the laws and rules governing the various requirements, one of the more knowledgeable members will have to answer that.

    I personally wouldn't but would CC instead (due to having a CHP) based on some of the things I've read about this sort of situation.

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    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.

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    Regular Member ProShooter's Avatar
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    cbackous wrote:
    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.
    That is my understanding as well.
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    Regular Member Thundar's Avatar
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    The FGFSZA (Federal Gun Free Schoo Zone Act) has been declared unconstitutional by SCOTUS on 10th A grounds. It was reenacted by congress but almost certainly is still unconstitutional. I would not worry about it at all. Many gun rights organizations are salivating at the opportunity to kill it again (NRA, SAF, etc.)

    Be careful though about public land attached to school land in Virginia. Often such land is reallyschool property,awaiting future school expansion.


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    cbackous wrote:
    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.
    Yep. As long as you do not enter onto the school grounds proper, you are fine if you have a CHP issued by Virginia. Furthermore, you don't need to be carrying your CHP with you.. you just have to have one: Ref: U.S. Code 18,922 - (q), (2), (B), (ii).

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

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    SouthernBoy wrote:
    cbackous wrote:
    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.
    Yep. As long as you do not enter onto the school grounds proper, you are fine if you have a CHP issued by Virginia. Furthermore, you don't need to be carrying your CHP with you.. you just have to have one: Ref: U.S. Code 18,922 - (q), (2), (B), (ii).
    That presents a strange situation I think.

    Cop seeing you OC within 1000" of school, asks if you have a CHP, you say yes, he asks for it, you dont have it on you... Would this allow him to detain you and find out for sure if you have a CHP? I mean, you arent CC, so you dont need your CHP on you.. just something that came to mind.

    I agree with Thundar that if something did happen, you could probably get SAF or NRA or both to assist with legal action (assuming they arent too busy with incorporation or the seattle lawsuit).

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    cbackous wrote:
    SouthernBoy wrote:
    cbackous wrote:
    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.
    Yep. As long as you do not enter onto the school grounds proper, you are fine if you have a CHP issued by Virginia. Furthermore, you don't need to be carrying your CHP with you.. you just have to have one: Ref: U.S. Code 18,922 - (q), (2), (B), (ii).
    That presents a strange situation I think.

    Cop seeing you OC within 1000" of school, asks if you have a CHP, you say yes, he asks for it, you dont have it on you... Would this allow him to detain you and find out for sure if you have a CHP? I mean, you arent CC, so you dont need your CHP on you.. just something that came to mind.

    I agree with Thundar that if something did happen, you could probably get SAF or NRA or both to assist with legal action (assuming they arent too busy with incorporation or the seattle lawsuit).
    You've stumbled upon the issue that we covered quite extensively at the end of this thread earlier this week: http://opencarry.mywowbb.com/forum54/32849.html

    It's my feeling that CHPs should be like Drivers Licenses, there should be a simple clerical penalty (currently a $10 fine, which can be waived if you show you had a license at the time of the infraction) for not carrying it on your person, not the current severe penalty which makes you a felon if you forget it twice.

    In this day of computer records and redundant communications devices, the unreasonable CHP requirement is quite onerous for we "law abiding citizens".

    TFred


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    TFred wrote:
    cbackous wrote:
    SouthernBoy wrote:
    cbackous wrote:
    If you have a CHP, the 1000' rule doesnt apply and you can OC or CC as you wish.
    Yep. As long as you do not enter onto the school grounds proper, you are fine if you have a CHP issued by Virginia. Furthermore, you don't need to be carrying your CHP with you.. you just have to have one: Ref: U.S. Code 18,922 - (q), (2), (B), (ii).
    That presents a strange situation I think.

    Cop seeing you OC within 1000" of school, asks if you have a CHP, you say yes, he asks for it, you dont have it on you... Would this allow him to detain you and find out for sure if you have a CHP? I mean, you arent CC, so you dont need your CHP on you.. just something that came to mind.

    I agree with Thundar that if something did happen, you could probably get SAF or NRA or both to assist with legal action (assuming they arent too busy with incorporation or the seattle lawsuit).
    You've stumbled upon the issue that we covered quite extensively at the end of this thread earlier this week: http://opencarry.mywowbb.com/forum54/32849.html

    It's my feeling that CHPs should be like Drivers Licenses, there should be a simple clerical penalty (currently a $10 fine, which can be waived if you show you had a license at the time of the infraction) for not carrying it on your person, not the current severe penalty which makes you a felon if you forget it twice.

    In this day of computer records and redundant communications devices, the unreasonable CHP requirement is quite onerous for we "law abiding citizens".

    TFred
    The thing is that the 1000ft deal is federal law, not state law. A CHP isn't needed to Open Carry so one doesn't need to have their CHP on them when doing so. The federal law simply says one must be issued a carry permit from the state the school is in, it says nothing about having to carry it on you.

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    Regular Member SAvage410's Avatar
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    This is somewhat applicable to your topic. If I wasn't already of the opinion that the whole school-zone gun carry ban was bogus, this piece would go a long way towards convincing me...

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    SAvage410 wrote:
    This is somewhat applicable to your topic. If I wasn't already of the opinion that the whole school-zone gun carry ban was bogus, this piece would go a long way towards convincing me...
    Just finished reading that PDF. Wow! I'm impressed. That is a good piece. Makes a lot of the details around various aspects a lot more clear and it's not that hard to identify the emotional hand-wringing and debunk it with real-world cites.

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    Ugh, GFSZ.... I don't know where all the schools are around here, and it seems like I notice another one every few weeks.

    How is someone supposed to tell if they are within that 1k radius or not, anyway?
    Why open carry? Because 1911 > 911.

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    AbNo wrote:
    Ugh, GFSZ.... I don't know where all the schools are around here, and it seems like I notice another one every few weeks.

    How is someone supposed to tell if they are within that 1k radius or not, anyway?
    Really. And not only that but you can't carry onto school property at any time. This includes early Sunday mornings if you like to, say, use the running track. Or in the summer months when the school is closed for summer break.

    It's crazy and just another example of lunatics running things. Like zero tolerance policies in schools or seat belt laws or baby seat laws or any of the other nonsensical crap we see from our servants who WORK FOR US!

    In the final seconds of your life, just before your killer is about to dispatch you to that great eternal darkness, what would you rather have in your hand? A cell phone or a gun?

    Si vis pacem, para bellum.

    America First!

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    "Work for us", you mean instead of working us over? :P
    Why open carry? Because 1911 > 911.

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