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Is the Gun-Free Zone Act of 1996 Still in Effect

dcmdon

Regular Member
Joined
Mar 30, 2009
Messages
469
Location
Old Saybrook, CT
Hi all,
I know its not open carry in CT related, but there are some very knowledgible people on this forum and I'd like them to weigh in.

It was my understanding that the Lopez case overturned it.

Now I see it was reenacted in '96, it appears the 1000 ft rule is still in effect. I thought this was gone.

Can anyone enlighten me?

Thanks,

Don
 

Statkowski

Regular Member
Joined
Sep 27, 2006
Messages
1,141
Location
Cherry Tree (Indiana County), Pennsylvania, USA
So am I to understand that its against the law to be within 1000' of a school with a gun? As in driving by one etc?
Bingo! Leverdude wins a cute little kewpie doll.

However:
1. Does Connecticut have a state equivalent thereto?
2. The "federal" statute does not apply if you possess a license/permit/whatever if it's for the state that the school zone is in (recognized out-of-state licenses/permits/whatevers don't count).
3. The first federal statute on such was overturned by SCOTUS, but the second apparently has never been challenged.
4. Apparently nobody can cite a single case of a person being prosecuted in federal court for violation of the GFSZ as a stand-alone charge (although it was possibly done in addition to other charges).
 

Leverdude

Regular Member
Joined
May 14, 2009
Messages
265
Location
Norwalk, Connecticut, USA
Ok, so since I have a CT permit I'm fine here.
One would think that if a state permit satisfies the feds it would satisfy our state law that says something to the effect that those licensed to do so can carry on school grounds.

I'll e-mail you my adress for the kewpie doll. ;o)
 

Thundar

Regular Member
Joined
Sep 12, 2007
Messages
4,946
Location
Newport News, Virginia, USA
Bingo! Leverdude wins a cute little kewpie doll.

However:
1. Does Connecticut have a state equivalent thereto?
2. The "federal" statute does not apply if you possess a license/permit/whatever if it's for the state that the school zone is in (recognized out-of-state licenses/permits/whatevers don't count).
3. The first federal statute on such was overturned by SCOTUS, but the second apparently has never been challenged.
4. Apparently nobody can cite a single case of a person being prosecuted in federal court for violation of the GFSZ as a stand-alone charge (although it was possibly done in addition to other charges).

Of course not. It will never withstand a federal review at any level. The original was overturned because carry within 1000 feet of a school had nothing to do with interstate commerce. Congress reenacted the exact same lagislation with a commerce clause saying that danger to school by guns had an effect upon interstate commerce. It would be overturned very quickly if a charge was brought.

The real purpose of the law is to give gun grabbing states federal "cover" to enact state laws with vague reference to federal gun laws. This is a great catch 22. Can't challenge the federal law in state court. Bastages, all of them gun grabbers.
 
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