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Thread: 1000' school zone law

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    I am truly aggravated by the law that says I need to stay away from schools by 1000'. It is absolutely a nuisance and I believe that criminals do not bother to follow this or any other law regarding firearms.

    I understand that this 1000' rule is being expanded to 1,500' by new legislation.

    I want to not only fight THAT but get the original 1000' law repealed.

    I know. Good luck, right? Well call me whatever you want but I've had enough of legislation that appeases the masses but does nothing but make it more difficult for gun owners to KEEP and BEAR arms.

    I'm sick of it and I'm going to do something about it.




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    Regular Member coolusername2007's Avatar
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    the proposed 1500' expansion of the GFSZ is shelved until next year at its earliest.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    go buy an OLL ar15, and open carry that. then you dont have to worry about the 1000' rule, and its not TOO annoying to carry around.
    When injustice becomes law, resistance becomes duty.

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    dirtykoala wrote:
    go buy an OLL ar15, and open carry that. then you dont have to worry about the 1000' rule, and its not TOO annoying to carry around.
    Go try it and you'll be joining Theseus in his 10 year prohibition. Don't toy w/ 626.9. It needs to be struct down first.

    The long gun exemption is for "transporting" and I'd bet money that will be a different definition then "carrying" (a la Overturf style).

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    cato wrote:
    dirtykoala wrote:
    go buy an OLL ar15, and open carry that. then you dont have to worry about the 1000' rule, and its not TOO annoying to carry around.
    Go try it and you'll be joining Theseus in his 10 year prohibition. Don't toy w/ 626.9. It needs to be struct down first.

    The long gun exemption is for "transporting" and I'd bet money that will be a different definition then "carrying" (a la Overturf style).
    Aww such a tear down my friend. Let's not portray Theseus as someone to learn from as if he made some sort of stupid mistake. This man broke no law. The repeal will be set in motion, highly able to get the decision overturned by a court that actually upholds the law and doesn't just make it up on the go.

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    Streetbikerr6 wrote:
    Aww such a tear down my friend. Let's not portray Theseus as someone to learn from as if he made some sort of stupid mistake. This man broke no law. The repeal will be set in motion, highly able to get the decision overturned by a court that actually upholds the law and doesn't just make it up on the go.

    Any mistakes Thesues madewere not stupid ones (I'm among one of his most ardent supporters). Carrying a long gun tempting 626.9 howeverwould be.


    Continuing to UOC, 626.9 issues notwithstanding, when our activities risk personal fortune and liberty for no legal or legislative gain at present, when remedies through federal action are relatively close at hand (CGF/SAF 1-3 years), smacks of pride and not sound tactics.

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    Thanks for the replies.

    I understand the suggestion re: buy an OLL AR-15 however, I'm playing this one carefully. I do not want to go through any unnecessary stops or legal i$$ues.

    The 1000' boundary is just uphill from me, about 100 yards up the road. Currently I am outside of that boundary. If this 1,500' extension passes I'll be WITHIN the boundary. That would really be a bad thing. I carry every day here at home because I am home every day due to a disability. If I step out into the street I'm ok now. But If I step out into the street after any extension of this unreasonable school zone law, I'll be subjecting myself to detention, arrest, the works.

    A complicating factor is that I live within a HOA that recently had a kid with a airsoft rifle walking around and all the old ladies got freaked out and now the HOA has issued a letter to all Owners / tenants / residents that "All guns, toy guns, pellet or BB guns" are not allowed on the common areas". See my other post regarding that situation as it is a side issue but is part of my struggle to be lawful here. I'll be posting a new update on that thread later.

    So I am trying to find out if there is a way to repeal that school zone law. It seems to be contrary to at least one or two Constitutional Amendments, namely the 2nd but also the 14th Amendment. If I was a gun owner within 1000' of a school and I was otherwise legally carrying and stepped off my front lawn and onto the street, I would feel VERY oppressed and singled out. Why is it that my neighbor down the street, outside of the 1000' zone can walk around legally? Why is it that I am 950' away from a school, which I cannot even SEE because it is down the street and around two corners, yet I am breaking the law by exercising my rights?

    See where I am going with this? The 14th Amendment provides for equal protection under the law AND procedural DUE PROCESS clauses that protect against situations like this. The Amendment reads "requiring that certain steps, such as a hearing, be followed before a person's "life, liberty, or property" can be taken away." Doesn't that protect persons within the 1000' zone from having their 2nd Amendment RIGHTS removed or restricted while their neighbor who could be 50' further away from the school, can walk around legally (the liberty part) with a pistol on his or her belt (the Second Amendment part)?

    Also, The amendment's Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions. Seems to me that if my neighbor who is outside of the zone can walk around with his or her pistol on their belt, then I should be able to as well.

    Seems to me that this school zone law is un-Constitutional. Period. And I want it repealed. Period. I understand WHY it was put in place BUT I know as well as most of you do that criminals intent on doing bad things do not worry about laws like this.

    I think we need people within these school zones to speak out about this and get something going to repeal it. I'm willing to go to great lengths to do something about this. Are you?


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    The GFSZ was already shot down by SCOTUS. See http://en.wikipedia.org/wiki/United_States_v._Lopez

    Then Congress, did some funny business with their wording and passed it again. Though many argue that doesn't change the fact that it is unconstitutional. I agree this needs to be challenged again.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    coolusername2007 wrote:
    The GFSZ was already shot down by SCOTUS.* See http://en.wikipedia.org/wiki/United_States_v._Lopez

    Then Congress, did some funny business with their wording and passed it again.* Though many argue that doesn't change the fact that it is unconstitutional.* I agree this needs to be challenged again.
    The Federal government * the state governments

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    I am aware of that. Both are an issue in this state.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Campaign Veteran marshaul's Avatar
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    coolusername2007 wrote:
    I am aware of that.* Both are an issue in this state.
    I was under the impression the federal law was unenforced, used only a enhancement.

    The law probably remains unconstitutional.

    The problem is that the state law is currently quite enforceable under existing precedent.

    It's almost like apples and oranges, as the one law is likely outside its jurisdiction, and the other is decidedly not.

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    It will be interesting to see what the "right people" over at calguns will do in a post 2A incorporation world. Theyare clearly seeking CCW first, which will circumvent 626.9, but will they continue the fight for the open carriers and eliminate 626.9 altogether? Time will tell.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    coolusername2007 wrote:
    It will be interesting to see what the "right people" over at calguns will do in a post 2A incorporation world. Theyare clearly seeking CCW first, which will circumvent 626.9, but will they continue the fight for the open carriers and eliminate 626.9 altogether? Time will tell.
    There will be no resting even after the 12050 fight is won. And if one reads Sykes it's really just a bear case. They mention 12031's prohibition too and the relief granted in this case is up to the judge but since they're asking for a license I suspect that will be granted. However it is quite possible the court will take the SCOTUS quote of Robertson v Baldwin to hart and find discretionary issue constitutional and 12031 not.

    But I doubt it. Look for long gun carry to secure LOC in CA eventually.

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    what if your within 1000 ft from a school, say like 400 ft from your house and your on your property? can you get busted since you live so close to a school?

    ........and about school hours. can i be near a school when its closed or can i still get busted?



    thanks!

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    glocked-N-loaded wrote:
    what if your within 1000 ft from a school, say like 400 ft from your house and your on your property? can you get busted since you live so close to a school?

    ........and about school hours. can i be near a school when its closed or can i still get busted?



    thanks!
    Just think of the worst possible thing traitors in government will do to you short of murdering you, and that's what they can do. The government can do just about anything even if what you do is not prohibited by law, and get away with it.

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    glocked-N-loaded wrote:
    what if your within 1000 ft from a school, say like 400 ft from your house and your on your property? can you get busted since you live so close to a school?

    ........and about school hours. can i be near a school when its closed or can i still get busted?
    626.9 specifically exempts you if you are on private property. This has not stopped one member here from being tried and convicted (appeal pending). IMO, do NOT rely on this exemption until we have new case law to throw at trial judges.

    As for school hours... doesn't matter. 626.9 says nothing about school hours. Maybe someday someone will challenge it, but I don't think that's a winning battle. The best way to beat 626.9 is to get the entire section struck from the books (which is a likely win, once we have incorporation).
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
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    Now you guys are talking about what I'm aggravated about.

    If you live in a house let's say 534 Feet away from a school, but the school is around the corner and you cannot even SEE the school, WHY is it that YOU Cannot open carry but your friend down the same street, but 1005 feet AWAY from the school, CAN ??

    Seems to me that the law is of no positive use whatsoever except that it makes the anti-gunners feel good when Politicians pass it, despite it being arbitrary in it's intent.

    I would hate to be the guy who lives up the street from me, who is 900 feet from the school, and he sees me walking around with my sidearm and he asks me about it. Then I tell him he better NOT carry or he will be arrested.

    THAT is the scenario I'm talking about. He would feel pretty violated if you ask me. I know I would.

    So how do I keep up on this issue? Is there someone working on it or do I have to keep re-posting this periodically?

    Thanks and keep up the good fight !!!

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