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Thread: Gun-Free School Zones

  1. #1
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    I'm working on a project to try and get a couple of my state's laws improved. I need to get some accurate information on what your state's laws currently are. OCDO is about the best place I know of to find a group of knowledgeable people who are willing to help, so ... specifically:

    1) Does your state criminalize possession of a weapon on school grounds or within 1,000 feet?

    2) If yes, then how does your state define "school" for purposes of the above? Is it just K-12? Does it include colleges? Preschool?

    3) Do you have URLs (links) to the aforementioned statutes or could you give me the reference?

    Thank you very much.


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    My State is Georgia.

    In Georgia, a School isANY School: 1. Preschool, 2. K-12 (Elementary/Middle/High Public/Private), 3. College/University/GED Centers/Literacy Centers (All for Adults 18/21+), 4. Technical School, 5. Day Care/Nursuries, etc, etc., etc.

    In Georgia 'School Safety Zones' mean: In, on, or within a 1000 feet ofANY School.

    In Georgia a Weapon in a 'School Safety Zone' is: 1. Anything that a Mother who drives a Mini-Van and owns a Stroller for Her kids when She is in Public finds offensive, or anything that She thinks looks bad for Little Johnny or Little Susie, regardless; if what She sees is capable of hurting Little Johnny or Little Susie or not.

    A Weapon in a 'School Safety Zone' in Georgia is a Felony, per Weapon.

    For exact Law, please read Georgia Code 16-11-127.1.

    Weapons do not include:Anything that is within your own Home, Land, Property, Place of Business, or Place of Employment. With a Permit Vehicle Carry in 'School Safety Zones' is okay, but it has to be locked on a Firearms rack, or out of sight.

    Once you leave the School, or its 1000 foot radius,this Law no longer applies.

    Example:

    1. Loaded Fully Automatic Machine Gun, registered with The Federal Government pursuant to Georgia Law 16-11-124(4), 1001 feet away from a School is LEGAL.

    2. Loaded Fully Automatic Machine Gun, registered with The Federal Governmnt pursuant to Georgia Law 16-11-124(4), 999 feet away from a School is a FELONY.

    3.The diffeernce between 1 and 2 above, you accidentally walked 2 feet to close to The School when you crossed the road to get your Mail out of your Mail Box, since the Road is Public Property.

  3. #3
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    Louisiana:
    RS 14:95.2
    §95.2. Carrying a firearm, or dangerous weapon, by a student or nonstudent on school property, at school-sponsored functions or firearm-free zone
    A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
    B. For purposes of this Section, the following words have the following meanings:
    (1) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.
    (2) "Campus" means all facilities and property within the boundary of the school property.
    (3) "School bus" means any motor bus being used to transport children to and from school or in connection with school activities.
    (4) "Nonstudent" means any person not registered and enrolled in that school or a suspended student who does not have permission to be on the school campus.
    C. The provisions of this Section shall not apply to:
    (1) A federal, state, or local law enforcement officer in the performance of his official duties.
    (2) A school official or employee acting during the normal course of his employment or a student acting under the direction of such school official or employee.
    (3) Any person having the written permission of the principal.
    (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, or in accordance with a concealed handgun permit issued pursuant to R.S. 40:1379.1.
    (5) Any constitutionally protected activity which cannot be regulated by the state, such as a firearm contained entirely within a motor vehicle.
    (6) Any student carrying a firearm to or from a class, in which he is duly enrolled, that requires the use of the firearm in the class.
    (7) A student enrolled or participating in an activity requiring the use of a firearm including but not limited to any ROTC function under the authorization of a university.
    (8) A student who possesses a firearm in his dormitory room or while going to or from his vehicle or any other person with permission of the administration.
    D.(1) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school-sponsored function, or in a firearm-free zone shall be imprisoned at hard labor for not more than five years.
    (2) Whoever commits the crime of carrying a firearm, or a dangerous weapon as defined in R.S. 14:2, on school property or in a firearm-free zone with the firearm or dangerous weapon being used in the commission of a crime of violence as defined in R.S. 14:2(B) on school property or in a firearm-free zone, shall be fined not more than two thousand dollars, or imprisoned, with or without hard labor, for not less than one year nor more than five years, or both. Any sentence issued pursuant to the provisions of this Paragraph and any sentence issued pursuant to a violation of a crime of violence as defined in R.S. 14:2(B) shall be served consecutively. Upon commitment to the Department of Public Safety and Corrections after conviction for a crime committed on school property, at a school-sponsored function or in a firearm-free zone, the department shall have the offender evaluated through appropriate examinations or tests conducted under the supervision of the department. Such evaluation shall be made within thirty days of the order of commitment.
    E. Lack of knowledge that the prohibited act occurred on or within one thousand feet of school property shall not be a defense.
    F.(1) School officials shall notify all students and parents of the impact of this legislation and shall post notices of the impact of this Section at each major point of entry to the school. These notices shall be maintained as permanent notices.
    (2)(a) If a student is detained by the principal or other school official for violation of this Section or the school principal or other school official confiscates or seizes a firearm or concealed weapon from a student while upon school property, at a school function, or on a school bus, the principal or other school official in charge at the time of the detention or seizure shall immediately report the detention or seizure to the police department or sheriff's department where the school is located and shall deliver any firearm or weapon seized to that agency.
    (b) The confiscated weapon shall be disposed of or destroyed as provided by law.
    (3) If a student is detained pursuant to Paragraph (2) of this Subsection for carrying a concealed weapon on campus, the principal shall immediately notify the student's parents.
    (4) If a person is arrested for carrying a concealed weapon on campus by a university or college police officer, the weapon shall be given to the sheriff, chief of police, or other officer to whom custody of the arrested person is transferred as provided by R.S. 17:1805(B).
    G. Any principal or school official in charge who fails to report the detention of a student or the seizure of a firearm or concealed weapon to a law enforcement agency as required by Paragraph (F)(2) of this Section within seventy-two hours of notice of the detention or seizure may be issued a misdemeanor summons for a violation hereof and may be fined not more than five hundred dollars or sentenced to not more than forty hours of community service, or both. Upon successful completion of the community service or payment of the fine, or both, the arrest and conviction shall be set aside as provided for in Code of Criminal Procedure Article 894(B).
    Acts 1991, No. 833, §1; Acts 1992, No. 197, §1; Acts 1993, No. 844, §1; Acts 1993, No. 1031, §1; Acts 1994, 3rd Ex. Sess., No. 25, §1; Acts 1994, 3rd Ex. Sess., No. 38, §1; Acts 1994, 3rd Ex. Sess., No. 107, §1; Acts 1999, No. 1236, §1.
    http://www.legis.state.la.us/lss/lss.asp?doc=78741
    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.

  4. #4
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    forgive me for asking, why are you conducting this in the NM board, please move it to the main discussion area. Thanks!

  5. #5
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    After you move this post, look up http://www.handgunlaw.us/headed by our own NM Steve Aiken. It also lists statutes for each state. It is a wealth of info for all states in the US.



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    First off, let me post a link to New Mexico's State Constitution & Statutes:
    http://www.conwaygreene.com/nmsu/lpe...plates&2.0

    1) Does your state criminalize possession of a weapon on school grounds or within 1,000 feet?

    Technically, yes; here are the applicable statutes:
    http://www.conwaygreene.com/nmsu/lpe...plates&2.0
    http://www.conwaygreene.com/nmsu/lpe...30-7-2.1%27%5D

    However, both of these statutes are invalid according to Article 2, Section 6, of the State Constitution, which reads:
    No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)

    2) If yes, then how does your state define "school" for purposes of the above? Is it just K-12? Does it include colleges? Preschool?

    The two previously given statutes are for "K-12" schools and colleges/universities respectively.

    3) Do you have URLs (links) to the aforementioned statutes or could you give me the reference?

    Already done! Also, attached is a copy of the State Constitution in PDF format.

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    Question: What happens if you are next-door to (or even across the street from) a school and you have a machine gun, in your house, which falls within that radius?

    Do you then become a felon for keeping the machine gun on your own private property?

  8. #8
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    NM does not have a radius, and on school or university grounds guns are legal in vehicles operated by somebody 19 or older.

  9. #9
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    Shark8 wrote:
    Question: What happens if you are next-door to (or even across the street from) a school and you have a machine gun, in your house, which falls within that radius?

    Do you then become a felon for keeping the machine gun on your own private property?

    GFSZ is a FEDERAL STATUTE.

    Source: http://en.wikipedia.org/wiki/Gun-Fre...es_Act_of_1990

    In general, the GFSZ Act of 1990 added two paragraphs in a new subsection (q) to Section 922 of Title 18 of the U.S. Code:


    (1) It shall be unlawful for any individual knowingly to possess a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    Exception: This does not include possession of a firearm on private property that is not part of school grounds or possession of a loaded firearm by an individual who is licensed to do so by the State. (i.e. a concealed carry, weapon, or firearm permit).

    (2) It shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm.
    Definitions
    Definitions were amended to Section 921(a) of the title:


    The term school zone means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    The term school means a school which provides elementary or secondary education, as determined under State law.

    Each state has the autonomy to ADD restrictions, but not remove them from their state law.

    The law has no effect on private property. In NM, your vehicle is an extension of your private property. As previously noted, in your vehicle or in your home is not a problem.

    The answer to the machine gun question is YES - unless you have that machine gun registered and a tax stamp for it. If it's legal - you're golden in your home.



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    Wasn't GSFZ "reworded" in 1996?

    GSFZ 1996
    States dont have rights. People do.

  11. #11
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    steveaikens wrote:
    Shark8 wrote:
    Question: What happens if you are next-door to (or even across the street from) a school and you have a machine gun, in your house, which falls within that radius?

    Do you then become a felon for keeping the machine gun on your own private property?

    GFSZ is a FEDERAL STATUTE.

    I understand that the Second Amendment hasn't been incorporated against the states, but being a federal statute I have to wonder what part of "shall not be infringed." these ass hats don't understand?

    They go to great lengths to use the Interstate Commerce Clause to justify the law, but don't seem to give a crap about 2A.

    I moved away from New Mexico because the state is too firmly attached to the federal teat to ever stand up to them.

  12. #12
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    ok, what about day care centers, still 1,000 feet ?

    I live between to Schools [ 50 yards one way, an 80 yards the other ] oc is a big no no, when the wife an go for a nightly walk

    say hi from wisconsin, Range Rat here,

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