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Thread: States that restrict guns near a school in some manner?

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Question States that restrict guns near a school in some manner?

    I'm doing research on Gun Free School Zones and I'm trying to determine what states have any sort of restrictions on the unlicensed possession of firearms near (not in) schools AND when did those laws come into effect.

    California has PC 626.9 which bans the carrying of unloaded handguns within 1000' of K-12 schools. It came into effect in 1995. It does not prohibit the unlicensed carry of unloaded long guns.

    Texas apparently has an enhancement law that applies only if a crime is committed within 300' of a school with a firearm.

    Wisconsin has a law similar to California's prohibiting the carrying of handguns within 1000' of K-12 schools (s. 948.605).

    Florida supposedly has a law which prohibits firearms from being within a school zone when children are being taught.

    Utah has a law restricting unlicensed open carry within 1000' of a school. I think you might be able to carry unloaded without a license though?

    Any assistance in completing/refining this list would incredibly helpful. If you can, site the code number(s), the year it came about, and the definition of the school zone, and if there unlicensed exceptions.

    Thanks!

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    Alabama:

    Section 13A-11-72
    Certain persons forbidden to possess pistol.

    ...

    (c) Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.

    (d) Possession of a deadly weapon with the intent to do bodily harm on the premises of a public school in violation of subsection (c) of this section is a Class C felony.

    (e) Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.

    (f) The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12.
    Oddly, the law seems to allow permit holders to bring a gun into a school with intent to do bodily harm!

    Another provision prohibits the discharge of a firearm into a school or a school bus.

    Section 13A-11-61.1
    Discharging into a school bus or school building.

    (a) No person shall shoot or discharge a firearm into an occupied or unoccupied school bus or school building.

    ...

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    Regular Member Superlite27's Avatar
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    Hope you don't have an ol' rusty school bus on your farmstead range.

    Wouldn't it be illegal to shoot at it?

    The law states "occupied or unoccupied". I believe this pretty much covers ANY school bus.

    Maybe they will consider narrowing it down to those with or without windows, running or non-running, mobile or stationary, or indoor or outdoor.

    Do they also prohibit shooting at busses with or without paint?

    How about those that are right side up or upside down?

    I'm guessing shooting at school busses that are large or small is also prohibited.

    Obviously, discharging a firearm into an occupied or unoccupied school bus is against the law....

    It says nothing about discharging a firearm out of a school bus. Woo Hoo! Let the fun begin on the way home!
    Last edited by Superlite27; 09-16-2010 at 04:57 PM.

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    Quote Originally Posted by eye95 View Post
    Oddly, the law seems to allow permit holders to bring a gun into a school with intent to do bodily harm!

    Another provision prohibits the discharge of a firearm into a school or a school bus.
    there was no specification of to whom the harm would be done. Example: if there is a hostage situation that clause seems to make it ok for those exempted to go in with the intent to harm the perpetrators.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Louisiana and Georgia both also appear to have GFSZs.

    Georgia: 16-11-127.1

    Louisiana: RS 14:95.2

    Somebody in the New Mexico forum said that there was a GFSZ statute but the state constitution overrode it. The given citations were broken links, so I'm not sure how valid that is.

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    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    These are the states that I have down as not having a zone around the school which prohibits the possession of handguns:

    Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Kentucky, Michigan, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, Wyoming.

    Also, I learned that Montana explicitly licenses everybody who is in the state who can own a firearm to carry, thus circumventing the federal GFSZ law. Bug thumbs up to Montana for that.

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    Quote Originally Posted by bigtoe416 View Post
    These are the states that I have down as not having a zone around the school which prohibits the possession of handguns:

    Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Kentucky, Michigan, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, Wyoming.

    Also, I learned that Montana explicitly licenses everybody who is in the state who can own a firearm to carry, thus circumventing the federal GFSZ law. Bug thumbs up to Montana for that.
    That only works if they do a background check on every license.

    (2)
    (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 firearmó
    (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;

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    It's Federal law....1000 feet from a school, if memory serves on the Safe Schools Act. I've always had issues with this, especially since the Fed is trying to regulate the public sidewalk and the public street near the schools.

    My opinion, this law leaves just one option: Every school must be on a property large enough to have a 1000 foot barrier from the public street and public sidewalks bordering those streets; no school may build/expand ANYWHERE within that 1000 foot barrier.
    Last edited by heresyourdipstickjimmy; 09-16-2010 at 10:49 PM.

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    Quote Originally Posted by bigtoe416 View Post
    Utah has a law restricting unlicensed open carry within 1000' of a school. I think you might be able to carry unloaded without a license though?
    Not even unloaded open carry is legal within 1000' of a school or any place where school activities take place... i.e. that field trip to the zoo, or the park. The exception to the law are those permited by the state (CFP holders).

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    Quote Originally Posted by cdrhoad View Post
    Not even unloaded open carry is legal within 1000' of a school or any place where school activities take place... i.e. that field trip to the zoo, or the park. The exception to the law are those permited by the state (CFP holders).
    I assume that you are talking about California?

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    Regular Member sudden valley gunner's Avatar
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    Quote Originally Posted by heresyourdipstickjimmy View Post
    It's Federal law....1000 feet from a school, if memory serves on the Safe Schools Act. I've always had issues with this, especially since the Fed is trying to regulate the public sidewalk and the public street near the schools.

    My opinion, this law leaves just one option: Every school must be on a property large enough to have a 1000 foot barrier from the public street and public sidewalks bordering those streets; no school may build/expand ANYWHERE within that 1000 foot barrier.
    It's a pretty unconstitutional law too , it is under the interstate commerce clause.
    What the Hell it has to do with interstate commerce is a joke.
    I am sure that especially with the latest rulings that if this was challenged in court it would be tossed out. But I don't want to be the test case.

    Also in Washington state there has not been one recorded instance of the police enforcing the 1000' portion of this law we just simply don't do it.

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    Regular Member MatieA's Avatar
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    Quote Originally Posted by bigtoe416 View Post
    These are the states that I have down as not having a zone around the school which prohibits the possession of handguns:

    Alaska, Arizona, Colorado, Connecticut, Delaware, Idaho, Kentucky, Michigan, Montana, Nebraska, Nevada, New Hampshire, Ohio, Oregon, Pennsylvania, Tennessee, Vermont, Virginia, Washington, Wyoming.

    Also, I learned that Montana explicitly licenses everybody who is in the state who can own a firearm to carry, thus circumventing the federal GFSZ law. Bug thumbs up to Montana for that.
    Wyoming only prohibits the concealing of firearms into a school per:
    6-8-104 sect. t subsection vi

    There are 0 laws written concerning the open carry of firearms in Wyoming.

    I have not had the courage to carry into the buildings, but I have carried across school property, and on the sidewalk in front of the school every day.
    Last edited by MatieA; 09-17-2010 at 10:04 AM. Reason: addition of info.
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    The United States Federal Government regualtes Firearms that have moved in, or otherwise effect, InterState Commerce from being in, on, or within a 1000 feet of any Public Primary or Secondary School. The correct Federal Law governing this instance is 18 U.S.C. 922(q).

    Many States have Laws that govern the possesion of Firearms in or on, or in some cases within a 1000 feet of, School Property as well. However, and most often, these Statutes tend to be stricter than Federal Law in several aspects, among them: 1. School Zone Statutes often implemented in the States tend to cover Private Schools, in addition to Public Schools, among the States Prohibitions, 2. Sometimes..., but not always..., these 'School Zones' include Public or Private Colleges or Universities, which; is something Federal Law has no bearing on, 3. Some States, but not all States, include DayCare Centers, PreSchools, and PreKindergartens, 4. In some States the 1000 foot rule is alive and well, but in others is not authorized per Statute, and 5. In some States, having a Firearm on School Grounds or in School Buildings is only a Misdemeanor, but in other States the Crime still remains a Felony.

    Eye95 is correct in that Federal Law 18 U.S.C. 922(q)(2)(B)(ii) only exempts Persons who are holders of Valid StateSide Licenses wherein the School is found, only if, and only if, however, the State must first be Brady Act and National Instant Criminal System Act complinat prior to the Licensure of a Private Citizen.

    There are currently two States, 1. Illinois and 2. Wisconsin..., that do not issue Licenses at all to Private Citizens for the purpose of Open or Concealed Carry.

    Therefore, in the unique Cases of the two aforementioned States, a Person who is in, on, or within a 1000 feet of any School in either Illinois or Wisconsin automatically Violates 18 U.S.C. 922(q), unless; they can prove one of the three remaining exceptions under: 18 U.S.C. 922(q)(2)(B)(i), 18 U.S.C. 922(q)(2)(B)(iii), or 18 U.S.C. 922(q)(2)(B)(iv).

    In every other State in our Country, it depends what State Law says. There are currently Eight States, namely among them: 1. Utah, 2. Oregon, 3. Alabama, 4. Rhode Island, 5. Delaware, 6. New Hampshire, 7. Michigan, and 8. California, that specifically Authorize Carry of Firearms by License Holders on all Public School Property. Although most of these States have 'Shall-Issue' Licensure Laws, two of them: 1. Alabama, and 2. California are 'May-Issue' in Nature.

    Notice, Federal Law says nothing about Carrying a Firearm to or while at Colleges or Universities, and as a result, are Regulated, to various degrees, by State Law, pending several factors..., namely: State-wide Preemption. However, it is not uncommon for College or University Regent Boards of Public Schools to threaten Administrative or Displinary Sanctions against Students and Faculty, respectfully, who Carry Firearms on College or University Property. Needless to say though..., in the Case of Public Colleges/Universities..., State-wide Preemption prevails over any such rule or Regulation implementation over a Regent Board, or its equilvalent, should they press the issue.

    If your State is not listed 1-8, of the listed States above, then, it is highly advisable to review your States Law to see what does, and does not, apply to Firearm Carry at Public School Property, and if so..., to what Degree or Level or Educational Instruction.

    In my State, Georgia, Georgia Law 16-11-127.1 Prohibits all Carry on all School Property, regradless Public or Private, regardless the Level of Instruction. There is NO more 1000 foot rule, however; as it was Repealed by The Legislative Acts of The Georgia General Assembly SB 308 2010. MERELY being within a 1000 feet of a School, any School, in Georgia with any Weapon is OK. It is also Legal to have a Weapon in your Vehicle without further Governmental Intrusion into your Private Business for such Vehicles that happen to be Parked on School Property. The term 'School Property' also includes the Board of Eductation Offices of each County and City School System (when a City has one), and also applies to The State Education Board Office in Atlanta. Any Person who can claim an exemption under 16-11-130, regarding Governmental Personnel, are exempt. Furthermore, if, and only if, you have a Georgia Weapons Carry License, it is only a Misdemeanor, BUT in ALL other Cases it is a Felony. The definition of 'Weapon' is also a lot more encompassing than what 'Weapon' is defined under Georgia Official Code Annotated 16-11-125.1. As far as the Level of Protection that Schools recieve..., 'Weapon' could mean anything down to Finger/Toe NailFiles, or a Highly Sharpened #2 Pencil. It is not pratical..., BUT is Possible..., to recieve a 'Weapon on School' Charge for having such objects..., but for all pratical purposes..., it usually does not happen.

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