Thread: 1000 Feet Law
Ok so I'm not a CPL holder as some of you might know... but do OC everywhere that is legal..... My question is, in Michigan is there a certain distance that I have to stay while OC by a School say 1000 feet? (that's what i've heard).... Here is the example: Family Video is on one corner of the street. Directly across the street is a middle school. Am I okay to OC in the Family Video/be in the parking lot?
This past Monday I was talking to my Congressman, Todd Tiahrt about this issue.
In short 922 (q) is the gun free school zone law. It has an exemption for a "person licensed to possess a firearm issued by the state where the school is located."
This law was written years before Shall Issue laws became the standard and before there was such a thing as gun reciprocity. My Congressman is well educated about guns, when he was a State legislator years ago, he was the first to propose concealed carry for Kansas. Unfortunately he lost the race to become Kansas US Senator.
The 1,000 foot rule does not apply on private property within the 1,000 feet radius, it doesn't apply if the gun is unloaded AND Locked in the trunk. I am not an expert or a lawyer with special knowledge on Michigan. Does Michigan offer any sort of license you can get? Why don't you have the CCW/CCH?
i am pretty sure the 1000ft law is federal,
and your permit to purchase satisfies the requirement of a license.
EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....
“If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”
Stand up for your Rights,, They have no authority on their own...
All power is inherent in the people,
it is their right and duty to be at all times ARMED!
As I understand it, the original gun free school zone law (GFSZ) was tossed by the US Supreme Court on 10th amendment grounds in an opinion that stated the law exceeded the federal governments reach via the commerce clause of the US Constitution. There had been some arrests and prosecutions under this law, and they were tossed by this decision as well. Congress almost immediately re-enacted the GFSZ law with some language intended to address the court ruling, but as far as I know, there have been no arrests and no prosecutions under the current federal GFSZ law. I've heard some people opine that the current law would get tossed as well if it ever got to court. But who wants to be the test case?
You could get a concealed carry permit in MI and you'd be exempt from the federal law and the 1000 foot exclusion zone. Many states have gun free school zone laws of their own.
OK sorry I didn't make this a bit more clear I DON'T have a CPL... why? because I'm 19 and not old enough for a CPL..... lets leave the CPL part out of the question.... The Family video is about 500feet from the school's property... well with in 1000 feet....
This should have been asked in the Michigan forum. As was already stated, you are exempt if it is a legally purchased gun with a permit/registration. You can walk on the same sidewalk that borders the school (though I usually stayed at least across the street). That doesn't mean you shouldn't expect an uninformed citizen or LEO to challenge you on it.
I have a school 1,500' from my home and OC'd around the neighborhood many times before I received my CPL.
Last edited by fozzy71; 08-05-2010 at 11:23 AM.
"I like users who quote smellslikemichigan in their signature lines." - fozzy71
I am in WA state, here the 1000 ft rule is only negated by a CPL and only when picking up or dropping off your kids... any other time it is still off limits when armed.
I live just outside that 1000 ft line... the "End School Zone" signs are about 50 ft up the street from me, Google Earth puts me roughly 40 feet outside the zone.
I would get some clarification locally, even ask the cops what their take is on local law.
It very well could be that you are in violation by displaying your weapon within that 1000 ft mark... even on your private property.
Also notice that the statue goes on to say:(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
Do you see the disarmed victim zone signs 1000' from schools in WA? No - you see them at the entrances to school property.(7) "GUN-FREE ZONE" signs shall be posted around school facilities giving warning of the prohibition of the possession of firearms on school grounds.
The school grounds for the purposes of firearms prohibition is completely separate from school zones for traffic speed limits.
Last edited by NavyLCDR; 08-05-2010 at 11:47 AM.
I don't know about those of you who are parents, but when we have kids I'd like to know there are law abiding folks with some common sense, like some on the board, who will be packing and that if my kid starts screaming that he/she is in grave danger that someone might take action.