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Thread: OC rules if you live accross the street from a school.

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    Hello everyone,

    I am new to OCDO and am sure this question has been asked before. What do I do if I live just accross the street from a school? Its only 200-300 feet away and I park only 100 feet away at times.



    Thanks in advance for the input!



    Stephen

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    Regular Member t33j's Avatar
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    1NC0GNIT0 wrote:
    Hello everyone,

    I am new to OCDO and am sure this question has been asked before.
    So why didn't you try searching??

    What do I do if I live just accross the street from a school? Its only 200-300 feet away and I park only 100 feet away at times.*
    Depends on your state, try the appropriate forum.
    http://opencarry.mywowbb.com/category3/


    Thanks in advance for the input!
    *

    Stephen
    Sic Semper Tyrannis

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    Regular Member SouthernBoy's Avatar
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    1NC0GNIT0 wrote:
    Hello everyone,

    I am new to OCDO and am sure this question has been asked before. What do I do if I live just accross the street from a school? Its only 200-300 feet away and I park only 100 feet away at times.



    Thanks in advance for the input!



    Stephen
    Firstly, check the laws in your state and make sure you are within them. We can't help you at all unless you let us know in which state you reside.

    Here is a link to the federal law regarding this issue.

    http://www.law.cornell.edu/uscode/18/922.html

    You will want to pay particular attention to (q) (2) (B).

    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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    t33j wrote:
    1NC0GNIT0 wrote:
    Hello everyone,

    I am new to OCDO and am sure this question has been asked before.
    So why didn't you try searching??
    Did look around and did not find what I was looking for, doesnt hurt to ask?

    What do I do if I live just accross the street from a school? Its only 200-300 feet away and I park only 100 feet away at times.
    Depends on your state, try the appropriate forum.
    http://opencarry.mywowbb.com/category3/
    I am inSanta Clara, CA. Thanks for the link!
    Thanks in advance for the input!


    Stephen

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    SouthernBoy wrote:
    1NC0GNIT0 wrote:
    Hello everyone,

    I am new to OCDO and am sure this question has been asked before. What do I do if I live just accross the street from a school? Its only 200-300 feet away and I park only 100 feet away at times.



    Thanks in advance for the input!



    Stephen
    Firstly, check the laws in your state and make sure you are within them. We can't help you at all unless you let us know in which state you reside.

    Here is a link to the federal law regarding this issue.

    http://www.law.cornell.edu/uscode/18/922.html

    You will want to pay particular attention to (q) (2) (B).
    Thank You so much!

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    My understanding is the way the school zone ban was written, was so it only applied to public property such as sidewalks, parks, roads and such.

    But an OCDO member "Theseus" was recently convicted for violating that law while he was on private property, He was at a laundromat, there was a school within 1,000', and he was cited, he figured it would be an easy win in court, but the judge found him guilty by saying the laundromat is open to the public even though it is private property (not owned by a government entity) he considers it public property.

    It is a screwed up deal, the law was followed, but an anti-2A judge convicted him anyways with his unique interpretation of what is private property.

    Until this gets cleared up in a higher court, I would stick with being on your own property, and verify what part of your property is considered for public use IE sidewalks or other easements.

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    California Penal code 626.9 is much more relevant than 18 USC 922 since you are in California. The federal law is basically unenforced and likely unenforceable due to the supreme court case U.S. vs. Lopez and the modified version likely still not passing constitutional muster any better. 626.9 however is enforced.

    http://www.leginfo.ca.gov/cgi-bin/di...ile=626-626.11

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    Thank you guys so much for the information!

    I have been talking with some gun shop owners and in california you have to transport aunloaded fire armin a locked case of some sort while you are within 1000 feet of a school.

    I wish I lived in Arizona. I like thier gun laws much better.



    Thanks again for the information!



    Stephen

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    Regular Member SouthernBoy's Avatar
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    1NC0GNIT0 wrote:
    Thank you guys so much for the information!

    I have been talking with some gun shop owners and in california you have to transport aunloaded fire armin a locked case of some sort while you are within 1000 feet of a school.

    I wish I lived in Arizona. I like thier gun laws much better.



    Thanks again for the information!



    Stephen
    Just think of how many schools and school-like entities you pass on a day-to-day basis and you'll go nuts trying to abide by this nonsense. Even a MacDonald's which is being partly closed off for an elementary class "fun day" could be off limits.

    Where I live in Virginia, there is a school less than 1000' from my house. However, I can strap on a gun and walk right by it on the sidewalk or street and there's nothing they can do. I'm good to go.

    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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    Regular Member t33j's Avatar
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    Ditto. I live less than 1000' from an elementary school as well. No problem.
    Sic Semper Tyrannis

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    Regular Member SouthernBoy's Avatar
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    t33j wrote:
    Ditto. I live less than 1000' from an elementary school as well. No problem.
    And you know what? If it's OC'd, you don't need to carry any ID which some believe you must when within 1000' of a school. U.S. Code 18,922 (q) (2) (B) specifically says,

    "(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;"

    Note that it says, "is licensed to do so by the State in which the school zone is located". It does not say you have to have said licensed with you at the time.

    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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    SouthernBoy wrote:
    t33j wrote:
    Ditto. I live less than 1000' from an elementary school as well. No problem.
    And you know what? If it's OC'd, you don't need to carry any ID which some believe you must when within 1000' of a school. U.S. Code 18,922 (q) (2) (B) specifically says,

    "(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;"

    Note that it says, "is licensed to do so by the State in which the school zone is located". It does not say you have to have said licensed with you at the time.
    As you mentioned in an earlier post, the state law needs to be checked to see if it's more stringent. Louisiana for example, does not recognize the above exemption to state permit holders in it's law.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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    turbodog wrote:
    SouthernBoy wrote:
    t33j wrote:
    Ditto. I live less than 1000' from an elementary school as well. No problem.
    And you know what? If it's OC'd, you don't need to carry any ID which some believe you must when within 1000' of a school. U.S. Code 18,922 (q) (2) (B) specifically says,

    "(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;"

    Note that it says, "is licensed to do so by the State in which the school zone is located". It does not say you have to have said licensed with you at the time.
    As you mentioned in an earlier post, the state law needs to be checked to see if it's more stringent. Louisiana for example, does not recognize the above exemption to state permit holders in it's law.
    Does what you say mean that you may not carry a firearm within 1000' of a school, regardless of the fact that your state has issued you a "license" (permit)? How does Louisiana address this and what, if any, exceptions are permitted?

    The reason I ask is because this particular subject is quite varied and muddy in that there seems to be a lot of different approaches to it. With as many schools as we have in this country, one could turn into a wreck trying to abide by laws that say this or that.

    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!

  14. #14
    Regular Member turbodog's Avatar
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    SouthernBoy wrote:

    Does what you say mean that you may not carry a firearm within 1000' of a school, regardless of the fact that your state has issued you a "license" (permit)? How does Louisiana address this and what, if any, exceptions are permitted?
    That's correct. Louisiana's school zone law is more stringent than thefederal law in that it gives no exemption to permit holders to carry a firearm within the 1000 ft rule and ignorance of the distance is no excuse as it is in the Federal law.

    That is to say, no exemption to those who have the standard permit issued by the State Police. There is an exemption for those who are issued a permit under another statute that applies to permits issued by the sherrif of the parish (county) the person resides in. The trouble is, it's usually difficult to get one of those permits and it's only good in that parish.
    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

  15. #15
    Regular Member SouthernBoy's Avatar
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    turbodog wrote:
    SouthernBoy wrote:

    Does what you say mean that you may not carry a firearm within 1000' of a school, regardless of the fact that your state has issued you a "license" (permit)? How does Louisiana address this and what, if any, exceptions are permitted?
    That's correct. Louisiana's school zone law is more stringent than thefederal law in that it gives no exemption to permit holders to carry a firearm within the 1000 ft rule and ignorance of the distance is no excuse as it is in the Federal law.

    That is to say, no exemption to those who have the standard permit issued by the State Police. There is an exemption for those who are issued a permit under another statute that applies to permits issued by the sherrif of the parish (county) the person resides in. The trouble is, it's usually difficult to get one of those permits and it's only good in that parish.
    Yeah, I know that the states have their own laws regarding this issue. May I ask, how do you get around this in your state? There are schools all over the place, not to mention school buses, churches with schools, and God knows what else. How do you safely carry without having to be constantly aware of where you are at any given moment relative to a 1000' no-no radius?

    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!

  16. #16
    Regular Member turbodog's Avatar
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    SouthernBoy wrote:
    Yeah, I know that the states have their own laws regarding this issue. May I ask, how do you get around this in your state? There are schools all over the place, not to mention school buses, churches with schools, and God knows what else. How do you safely carry without having to be constantly aware of where you are at any given moment relative to a 1000' no-no radius?

    Safely carry? Well absent any case law to help, I don't think one can "safely" carry in any school zone in Louisiana unless your one of the lucky or connected few who have a local permit.

    There is a clause regarding carry on private property:

    RS 14:95.2

    C. The provisions of this Section shall not apply to:
    (4) The possession of a firearm occurring within one thousand feet of school property and entirely on private property, or entirely within a private residence,...

    And one about carry in a vehicle:

    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.

    It's generally thought that the private property clause allows for carry on the property of a business even if within the 1000ft. There is as yet no case law to back this up however.



    Quote Originally Posted by NavyLT View Post
    Him: "I carry my gun concealed"
    Me: "You're not very good at it"
    Him: "What do you mean?"
    Me: "I know you have a gun"
    End of conversation.

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