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Thread: Interstate highway exemption to school zone restrictions?

  1. #1
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    I have recently stepped my game up from simply unloaded open carrying at specific locations and then locking the firearm up again when I get back to my car (unloaded in a locked container whenever driving) to actually planning out driving routes that avoid school zones and driving while unloaded open carrying.

    Unfortunately, I think I already know the answer to the question that I am about to ask, but I wanted to check with the collective wisdom of OCDO. Are there any sort of federal laws that would allow a person to legally unloaded open carry on an interstate highway, even if that highway were to come within 1,000 feet of a K-12 school? Such a law would make it far easier to get places while unloaded open carrying.

  2. #2
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    AdnanShahab wrote:
    Are there any sort of federal laws that would allow a person to legally unloaded open carry on an interstate highway, even if that highway were to come within 1,000 feet of a K-12 school? Such a law would make it far easier to get places while unloaded open carrying.
    The Firearms Owner Protection Act at 18 USC 926A preempts states from banning transportation of firearms from places that they are legal to places they are legalprovided they are unloaded and secured - see text for details. Arguably this includes intra state transport by the text of the statute while using the instrumentalities of interstate commerce, e.g., roads.

    However see the reenacted federal school zone gun ban at 18USC 922(q) which is very similar to the Cal. ban - no loaded carry unless you hold a carry permit from that state - this is allegedly rarely enforced in most cases to avaoid a constitional challenge under both Lopez & Heller.

  3. #3
    Regular Member mjones's Avatar
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    Nope, there are no federal exemptions for OC.

  4. #4
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    I wonder if an interstate is federal property... if so it may not be part of an incorporated city... I had this thought 3 years ago, but could never figure out a solid answer.
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  5. #5
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    Sorry, but just because the roadway has the classification "Interstate" in no way confers federal ownership on it. It is funded by the federal government, as is considered part of the National Defense Network (meaning that it can be hijacked by the feds in the event of a national emergency), but it is maintained and owned by the state.

  6. #6
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    Statkowski wrote:
    Sorry, but just because the roadway has the classification "Interstate" in no way confers federal ownership on it. It is funded by the federal government, as is considered part of the National Defense Network (meaning that it can be hijacked by the feds in the event of a national emergency), but it is maintained and owned by the state.
    That's what I thought, but would love to see a citation if you can provide proof. (I looked for a long time, but found nothing that cited to any actual code - state or federal.)
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