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Thread: 1000' School law

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    1000' School law

    We were having some discussion last evening and the subject came up about the 1000' school law. I can find nothing in the Id statutes 18-33 regarding this. I can find a SCOTUS ruling from April of 1995 overturning the 1000' law but nothing since. http://staff.washington.edu/swg2/PDF...z_articles.pdf

    Any further insight?

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    Regular Member ISRAEL's Avatar
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    Cool Hi !!!! Carracer

    Was nice to see you again, sorry we did not talk, as you know I am going deaft,it is hard to hear specially in an enclosed room, but Yolanda explain things that I can not understand.
    In the meeting we talk of so many items, but I do not remember 1000 school law, and I do not know what this means, can you explain it to me, please? A member of the group was talking about the way we suppose to dress when we O.C.?, do you thik is ok to dress well when we OC?
    I did not know you are a biker, where is all the leather biker use, did not see it. Hope to see you again, you are a good friend.
    That was not a 44 you were carrying, is it?

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    Some of the Laws were discussed briefly after some of the attendees left. The 1000' law was a federal one that was to give a gun free zone around school grounds of 1000'. It was struck down in 1995 by the Supreme Court but I don't know if it was ever amended again. Idaho has no such law that I can find although there are several states that do such as California.

    Yes, I feel that a good appearance gives an appearance that is more favorable in others eyes. It should not be that way but presently it is. With that said I belive the most important factor is the open carriers attitude. Being polite and having a positive outlook. Don't give away your situational awareness nor your rights. Just be polite and unoffending while exercising them. I learned a long time ago that please and thank you go a long ways even after a week of hard working, no shaving or showering back country camping or hunting. I look pretty bad at that point.

    I ride when I can. Not much leather tho. Chaps when it's cold in the morning.

    I was wearing my .44mag at Id City. Left it home and wore my 1911 .45acp in my new left hand Serpa I got from Robert at RK Gunsmithing in Nampa.

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    Regular Member ISRAEL's Avatar
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    Cool A new question

    Quote Originally Posted by carracer View Post
    Some of the Laws were discussed briefly after some of the attendees left. The 1000' law was a federal one that was to give a gun free zone around school grounds of 1000'. It was struck down in 1995 by the Supreme Court but I don't know if it was ever amended again. Idaho has no such law that I can find although there are several states that do such as California.

    Yes, I feel that a good appearance gives an appearance that is more favorable in others eyes. It should not be that way but presently it is. With that said I belive the most important factor is the open carriers attitude. Being polite and having a positive outlook. Don't give away your situational awareness nor your rights. Just be polite and unoffending while exercising them. I learned a long time ago that please and thank you go a long ways even after a week of hard working, no shaving or showering back country camping or hunting. I look pretty bad at that point.

    I ride when I can. Not much leather tho. Chaps when it's cold in the morning.

    I was wearing my .44mag at Id City. Left it home and wore my 1911 .45acp in my new left hand Serpa I got from Robert at RK Gunsmithing in Nampa.
    As you know I carry a 44 mag, and I see some people carrying 1911 like you have, my question is why the trigger is "open"? I do have guns like yours but they still in boxes never been fire yet thats why I am asking, looks dangerous to me, is it safe to carry that way?. please do not laugh, I do not know, I hope you tell me, and some day I will carry one of them.

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    The 1911 has 2 safeties that have to be released before it will fire even with the hammer back. Thumb safety left side above the grip and a grip safety on the back side of the grip.

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    There in no 1000' school zone law in Idaho, you can actually take your gun into a school parking lot as long as it is locked in your car.

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    Federal Law only applies to: 1. Things listed under Article 1 Section 8 of The Constitution of The United States, 2. Federal Property, 3. Federal Teeritories, 4. Things that move in or otherwise effect Interstate Commerce, or 5. Things that move in or otherwise effect Foriegn Commerce.
    Idaho Law does not Incorporate 18 U.S.C. 922(q), although some States do, and thus, is not in effect throughout Idaho.
    In Idaho..., K-12 Schools is actually the ONLY place where Carry, Openly or Concealed, is Prohibited.
    In Idaho..., Open Carry is allowed in Courthouses and Jails/Prisons, per Idaho Code 18-3302C.

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    Regular Member ISRAEL's Avatar
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    Quote Originally Posted by aadvark View Post
    Federal Law only applies to: 1. Things listed under Article 1 Section 8 of The Constitution of The United States, 2. Federal Property, 3. Federal Teeritories, 4. Things that move in or otherwise effect Interstate Commerce, or 5. Things that move in or otherwise effect Foriegn Commerce.
    Idaho Law does not Incorporate 18 U.S.C. 922(q), although some States do, and thus, is not in effect throughout Idaho.
    In Idaho..., K-12 Schools is actually the ONLY place where Carry, Openly or Concealed, is Prohibited.
    In Idaho..., Open Carry is allowed in Courthouses and Jails/Prisons, per Idaho Code 18-3302C.
    Gracias Aadvark, I did not know all of this , this information is good to me to know, Thanks a lot.

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    Glad to be able to help..., ISRAEL!
    Nosotros Podemos apreder muchas cosas en el Internet, como asi!

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    Cool

    Quote Originally Posted by aadvark View Post
    Glad to be able to help..., ISRAEL!
    Nosotros Podemos apreder muchas cosas en el Internet, como asi!
    Así es, estoy aprendiéndo mucho y reteniéndolo en mi mente y en un cuaderno también para qué no se me olvide.
    Estoy muy agradecido de su fineza.
    ¿ Eres de Boise ?

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    No..., no soy de Boise.
    Aunque..., es muy importante a mi para aprender la Ley acerca Idaho.
    Porque..., si, Usted, quiero visitar al Idaho, entonces quiero portar mi Pistola tambien, nesecito saber la Ley de Idaho.
    Yo no quiero ir a la carcel.

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    Regular Member ISRAEL's Avatar
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    Quote Originally Posted by aadvark View Post
    No..., no soy de Boise.
    Aunque..., es muy importante a mi para aprender la Ley acerca Idaho.
    Porque..., si, Usted, quiero visitar al Idaho, entonces quiero portar mi Pistola tambien, nesecito saber la Ley de Idaho.
    Yo no quiero ir a la carcel.
    Su español está muy bueno.

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    Gracias ISRAEL!
    A mi me gusta Espanol!

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    En cuidado Usted..., porque hay otras Personas no les gustan estamos hablando en Espanol en este Forum.

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    Quote Originally Posted by aadvark View Post
    En cuidado Usted..., porque hay otras Personas no les gustan estamos hablando en Espanol en este Forum.
    sí ya lo sé. I see your name all over the site OCDO

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    I will be moving to Boise in a few days, and I just want to make sure I am totally clear in my understanding that loaded open carry without a permit is legal within 1000 feet of the school, just not on the school property itself?

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    Yes you can open carry within 1000' of a school, I moved the Idaho law pamphlet to the top so you could read the law yourself. Welcome to Idaho.

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    Quote Originally Posted by Dicky-doo View Post
    Yes you can open carry within 1000' of a school, I moved the Idaho law pamphlet to the top so you could read the law yourself. Welcome to Idaho.
    Most of the week ends we babysit our 4 grand kids, no more free weekends for us, ha ha ha, and we had take them to a park over Northview ave. in front of the Catholic Church, and this past saturday I saw that this park (has a swimming pool) is next to a grade school, do I need to count how many steps from the school entrance or how do I know how many steps, now I am confused becouse I been O.C. all this time and there is a lot of people whith their children playing and every one have seen my gun, children came close to inspect it and ask Yolanda if is real. but I do not want to do it if is against the law O.C. in that park.

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    Just to point out, I skimmed the thread so I may have missed - After the 1995 Supreme Court ruling, there was a new Gun Free Zone Act of 1996 that fixed the constitutional "defects" of the overturned version.

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

    Congress re-enacted the law in the GFSZ Act of 1996, following the Supreme Court's ruling, correcting the technical defects identified by the Court by adding wording placing the burden on the prosecutor to prove an additional element, that the "firearm has moved in or otherwise affects interstate commerce."
    Last edited by Zhukov; 08-02-2010 at 06:22 PM.

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    A mi me encanta hablar espanol. Y aunque ya no vivo en Idaho me gustaria volver un dia a visitar.

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    Quote Originally Posted by ManInBlack View Post
    I will be moving to Boise in a few days, and I just want to make sure I am totally clear in my understanding that loaded open carry without a permit is legal within 1000 feet of the school, just not on the school property itself?
    From the other posters are saying there is no State law. I don't know if there is or isn't. There is a Federal Law which says you can't carry within 1000' unless you have a permit issued by that State. Has anyone ever been prosecuted under that law? I don't think so.
    I think one exception may be to carry a handgun made in the State of Idaho which has not moved in interstate commerce. Tennessee has no school zone so I was thinking about buying a handgun made in TN. I think it may be a good defense just in case they start coming after people for violating the GFSZL.
    Last edited by kwikrnu; 08-02-2010 at 06:44 PM.

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    Cool

    Quote Originally Posted by kwikrnu View Post
    A mi me encanta hablar espanol. Y aunque ya no vivo en Idaho me gustaria volver un dia a visitar.
    ¡ Hola !, el español es un idioma muy expresivo, y me gusta saber cuando álguien lo habla cómo segundo idioma, lo felicito y siga hablándolo, yo lo hago todo el tiempo. Saludos.

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