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Thread: A Few Queries about Gun-Free School Zones.

  1. #1
    Regular Member neuroblades's Avatar
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    Locally we have (2)two elementary schools & two (2) high schools in my hometown. One of the elementary schools and one of the high schoolsare directly in the center of town. The other elementary schooland high school are located within less than 100 feet of the main drag running through town, outside the city.

    The elementary school and high school that are within 100 feet of the drag running through town sits next to a popular restaurant.

    As the law reads, to my understanding, no gun is allowed within 1,000 feet of schools.

    OK, here are my queries:

    (1.) Is itlegal to drive through town passing in front of the elementary school and high school with a firearm either worn legally in OC fashion or stored in the glove compartmnetwithout breaking the law?

    (2.) Same question as above except carrying a firearm in CC fashion with a CCDW?

    (3.) Is it legal to go to said restaurant that sits next to the same high school while OC'ing?

    (4.) Is it legal to go to said restaurant that sits next to the same high school while CC'ing?

    As for the elementary school & high school that are directly in the center of town now.

    (5.) Wouldn't the 1,000 feet rule make it impossible to travel through town with a firearm in OC status whether worn or stored as per the law?

    (6.)Same question as above except carrying a firearm in CC fashion with a CCDW?

    If anyone can please address and answer these queries, I'd much appreciate it. Also, if possible, please cite the specific KRS if there are exemptions.

    My reason for posting these are that I had been told at one time by someone that there were exemptions in reference to CC with CCDW. I have tried to find answers to these questions myself but with no real success other than:

    http://gunowners.org/fs9611.htm

    It only raised more questions than answers though.



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    (1.) Is it legal to drive through town passing in front of the elementary school and high school with a firearm either worn legally in OC fashion or stored in the glove compartmnet without breaking the law?
    First of all, the 1000 ft rule is a federal law and it doesn't apply to those who have a CCDW. Anyway, I would ASSUME that because KY has a law saying you can keep a gun in your car on school grounds--whether staying or dropping off a kid--you would be surely able to drive by a school and still be legal.

    (2.) Same question as above except carrying a firearm in CC fashion with a CCDW?
    Again, it's the federal law that allows you to carry on school premises with a CCDW. According to the KRS, there's no 1000 ft rule, but you still can't carry on school grounds--therefore, if you have a CCDW, you can carry inside the 1000 ft radius.

    (3.) Is it legal to go to said restaurant that sits next to the same high school while OC'ing?
    If you're within the 1000 ft radius, you'll need a CCDW to be legal.

    (4.) Is it legal to go to said restaurant that sits next to the same high school while CC'ing?
    Ditto #3

    (5.) Wouldn't the 1,000 feet rule make it impossible to travel through town with a firearm in OC status whether worn or stored as per the law?
    See #1

    (6.)Same question as above except carrying a firearm in CC fashion with a CCDW?
    See #1

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    Wasn't there something in the fed law about possession of a firearm within 1,000 ft of school grounds... CCDW or no.. as long as you were on private property? like a business or house within that 1000ft zone..

    I have nothing to cite. I'm asking if anyone knows if that's correct or not..

    -Adam

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    @Kreig Looks like you're right!

    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.

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    It's true that the act exists, but wouldn't it also be true that the state law trumps the federal one?

    I wonder if one would win in court based on that the federal government isn't supposed to have the authority to regulate firearm possession when it doesn't affect interstate commerce?

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    Well I would tend to agree with you, and I believe state law should trump federal law (at least in these matters)--but there is the supremacy clause in the Constitution that puts federal law above state law.

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    Regular Member neuroblades's Avatar
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    Then it seems asthough it would all come down to which court saw the case, federal or state.
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    I'm pretty sure that local police can enforce federal law, though I think they rarely do. Now if they were to enforce federal law, I don't know if it would automatically go to federal court or not.

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    Regular Member neuroblades's Avatar
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    Gutshot could you please post a link to the federal law for this. I'd like to know exactly where it is and bookmark it for a "just in case" situation, should it ever occur to me or anyone I know.
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    @Neuro Umm, read my post.

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    Regular Member neuroblades's Avatar
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    OK, I guess I'm overlooking it somewhere. *LOL* Looking for the federal or even, state exemption for the CCDW, that's literally spelled out that there is an exemption and can be cited in court as such.
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    @neuro Yes, you are overlooking it. I provided the text; Gutshot provided you with the text yet again. We spent time and research to find it, how bout taking some time to read it?

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    Regular Member neuroblades's Avatar
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    Thank you sir. I'll add this to my KRS collection.
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    gutshot wrote:
    neuroblades wrote:
    OK, I guess I'm overlooking it somewhere. *LOL* Looking for the federal or even, state exemption for the CCDW, that's literally spelled out that there is an exemption and can be cited in court as such.
    One more time. There is no Ky state law about 100ft from schools. There is a Ky. law stating no guns on school property. KRS 527.070. Look it up, read it, pay attention to paragraph (3)(a). Schools are also listed in the concealed carry law as prohibited places.

    The federal 1000ft. law is at:

    http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

    Read paragraph (2)(A) and (2)(B) including all the sub-paragraphs. It's near the bottom of the left column and extends into the top of the right column. If this doesn't clear things up for you I will not be able to assist you further.
    Ok, well reading that it seems that an OCer without a CCDW could still take their sidearm onto school property to pick up their kid. They just have to throw it in the trunk, or place it in a locked glove box or locked to a rack, before they get within that 1000 ft. All three conditions require that the firearm be unloaded.

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