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Thread: Federal Gun Free Zones - Schools

  1. #1
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    I've read before (sorry, no links) that there is an exception to the gun free zone at public schools if you are a CC license holder. Has anyone done any research into this, or does someone CLEARLY know the law in this matter and speak authoritatively on it? Federal laws have been a bit harder for me to sort through.

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    IndianaBoy79 wrote:
    I've read before (sorry, no links) that there is an exception to the gun free zone at public schools if you are a CC license holder. Has anyone done any research into this, or does someone CLEARLY know the law in this matter and speak authoritatively on it? Federal laws have been a bit harder for me to sort through.
    18U.S.C. § 922q

    (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. #3
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    The above is the FEDERAL LAW and it is accurate as far as it goes BUT...

    MANY STATES HAVE THEIR OWN STATUTES COVERING THIS and there are almost as many different applications from one state to another as there are States.

    KNOW THE LAW OF YOUR STATE!

    Pay particular attention to the federal part that says the State in which the school is located has issued (NOT RECOGNIZE) the permit! 18 USC 922q 2(B)ii


    So, while I can carry a fully loaded firearm with my UTAH PERMIT in any PUBLIC SCHOOL IN UTAH (My State of Residence) I can not carry according to the federal law in any GFSZ located in a different State.

    No assertions made regarding the CONSTITUTIONALITY of the Federal Statute!
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  4. #4
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    JoeSparky wrote:
    The above is the FEDERAL LAW and it is accurate as far as it goes BUT...

    MANY STATES HAVE THEIR OWN STATUTES COVERING THIS and there are almost as many different applications from one state to another as there are States.

    KNOW THE LAW OF YOUR STATE!

    Pay particular attention to the federal part that says the State in which the school is located has issued (NOT RECOGNIZE) the permit! 18 USC 922q 2(B)ii


    So, while I can carry a fully loaded firearm with my UTAH PERMIT in any PUBLIC SCHOOL IN UTAH (My State of Residence) I can not carry according to the federal law in any GFSZ located in a different State.

    No assertions made regarding the CONSTITUTIONALITY of the Federal Statute!
    The "license" mentioned under (2)(B)(ii) is not a license to carry a concealed weapon (pistol), it's a license to purchase, carry, transport, etc. In other words, it's registration of your pistol. If a resident of Utah does not have a Utah Permit and if Utah does not require a license to purchase (registration) a pistol, said resident can not CC or OC a pistol in Michigan, for example.

    It's my understanding thatanon-resident of Michiganwho has a license/permit to carry a concealed weapon (pistol) from their home state recognized by Michigan, maycarry at a school.

  5. #5
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    The federal GFSZ law is one law that interferes with recognizing of licenses/permits and even rights recognized by the states applied to residents and non residents alike.

    The GFSZ act clearly violates the equal protection of visitors to many states that are stripped of RTBA in "school zones" by federal law but state residents are afforded exemption from persecution, even when the state specifically authorizes the non-resident by statute or reciprocal agreements.



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    In Idaho you may carry concealed in schools, if it is to an event that is not sponsored by the school, or all of the time if you get permission from the school board. It also states that you are legal to carry in school if complying with ID Code 19-202A, which says you cannot be placed in any legal jeopardy for protecting yourself or others. So they way I read it(I am no lawyer) is that if you are carrying in a school, even without permission from the board and you end up having to use it for protection they cannot press charges because you were complying with ID Code 19-202A.

    18-3302D.POSSESSING WEAPONS OR FIREARMS ON SCHOOL PROPERTY. (1) (a) It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state or while riding school provided transportation.
    (4) The provisions of this section shall not apply to the following persons: (a) A peace officer; (b) A person who lawfully possesses a firearm or deadly or dangerous weapon as an appropriate part of a program, an event, activity or other circumstance approved by the board of trustees or governing board; (c) A person or persons complying with the provisions of section 19-202A, Idaho Code; Statutes http://www.legislature.idaho.gov/ids...H33SECT18-3302... 1 of 2 11/27/09 2:48 PM (d) Any adult over eighteen (18) years of age and not enrolled in a public or private elementary or secondary school who has lawful possession of a firearm or other deadly or dangerous weapon, secured and locked in his vehicle in an unobtrusive, nonthreatening manner; (e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity; (f) Notwithstanding the provisions of section 18-3302C, Idaho Code, a person or an employee of the school or school district who is authorized to carry a firearm with the permission of the board of trustees of the school district or the governing board.
    19-202A.LEGAL JEOPARDY IN CASES OF SELF-DEFENSE AND DEFENSE OF OTHER THREATENED PARTIES. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting himself or his family by reasonable means necessary, or when coming to the aid of another whom he reasonably believes to be in imminent danger of or the victim of aggravated assault, robbery, rape, murder or other heinous crime.

  7. #7
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    See why I'm so confused? If I'm reading the above statements correctly, it looks to me like I'm exempt from the federal statute. I don't think I'll be "openly" testing this one anytime soon.

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