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School Property or 1000 yards

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Porter N

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I know Utah law states you have to stay 1000 feet from a school without a permit. I also know the Idaho permit doesn't allow you to carry on school property. But is there an x-amount of yards or feet we have to stay from school property in Idaho?
 
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Porter N

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I know driving through a school zone, you're fine. If I were to get pulled over in a school zone, I would drive to the end of the school zone before stopping. school zones arent usually long enough to raise much suspicion by driving through them before stopping. and if the officer asks why you wouldnt stop sooner, you can explain your reasoning.

I took the Utah non-resident CCP class, so the permit is on it's way SOMETIME soon... so i know their laws on the topic. I also know with a Utah permit, you can carry in a school zone in utah. without the permit, you have to stay 1000 feet away.

Idaho doesnt allow guns on school property ever. but i wasnt sure if there was a distance restriction or not. i tried searching for it online, but didnt have much luck.
 
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idahoguy84

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there is no Idaho law concerning school zones, but there is federal law, the Gun Free School Zones Act. Essentially, you cannot possess a firearm (carry)within 1000 feet of school grounds, unless you're on private property or have a concealed weapons license. The original GFSZ was struck down by the Supreme Court for exceeding Congressional powers under the Commerce Clause, so they brought it back with a specific jurisdictional element to the charge (ie, a federal prosecutor must prove that the specific firearm you possessed in the school zone actually moved in or affected interstate commerce). The law's on the books, but I haven't really heard of it being enforced - it would likely wind up getting tossed as unconstitutional the way the original GFSZ did.

The relevant section of the statute is 18 U.S.C. 922(q)(2), which is as follows:

(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.
Click to expand...

School zone is defined by 18 U.S.C. 921(a)(25), which provides:
The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or private school; or
(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
Click to expand...
 
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sykosoft

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Porter N wrote:
I took the Utah non-resident CCP class, so the permit is on it's way SOMETIME soon...  so i know their laws on the topic. I also know with a Utah permit, you can carry in a school zone in utah. without the permit, you have to stay 1000 feet away.
[/quote]

I'm relatively certain this can't be right....unless you are a resident of Utah:

"NOTE: The Federal Gun-Free School Zones Act Restricts Carry to RESIDENT Permit Holders"

I could be wrong
 
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idahoguy84

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The 1000 feet from school grounds for non-licensed individuals is federal law (see above), not Utah law. And yes, federal law makes clear the exception only applies to in-state CWL holders, specifically stating "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" 18 U.S.C. 922(q)(2)(B)(ii)
 
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Porter N

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i can understand that. i'm moving to utah in a month and a half anyway- and the only difference in the Utah non-res. vs. res. is the address. so i'll get that changed and wont have to worry about that.

i'm just curious if i can walk on the sidewalk across the street from a school here in Idaho or if i should take a block around the school zone when going on walks... If the 1000' is a federal law, I'm guessing it does apply to Idaho as well then?
 
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idahoguy84

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technically, you can't, because that wouldn't fall into any of the exceptions listed in 922(q). The sidewalk is public property, not private, and you are not licensed by Idaho to carry a firearm. What are the chances that a local LEO would arrest you for it and a federal prosecutor would charge you? Probably low - but they could. Your risk to take... you could be the test case, challenge the law as unconstitutional...
 
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Porter N

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I think i'll hold off on being the test case for that one. but the 1000' rule brings up another question or two in my mind, which I'll have to investigate a bit more before commenting.

thanks for the input, guys.
 
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None2Slow

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Apr 12, 2010
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Caldwell, Idaho, USA
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I believe it states the you CAN carry if dropping off and/or picking up. Don't know how this applies to going to the office to sign your child in/out, but if your willing to test it out and post about it, I'll readit :lol:
 
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idahoguy84

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wolver, where in 18 U.S.C. 922(q)(2)do you find the exception for picking up/dropping off kids? I don't see it there...

perhaps you are referring to Idaho Code 18-3302D(4)(e), which states that the Idaho statute banning possession of firearms on school grounds shall not apply to:
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;
Click to expand...

federal law has no exception for carrying while picking-up/dropping off, so you do that at your own risk..
 
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