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Thread: School zones

  1. #1
    Regular Member usmcbess's Avatar
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    School zones

    This has probably been asked before but i couldnt find the answer in the forum. Is thee any federal or state law that limits how close you can come to a school while OC in Missouri?

  2. #2
    Regular Member cshoff's Avatar
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    Here are the Federal Laws regarding firearms and Schools and School Zones:

    USC § 921. Definitions
    (25) The term “school zone” means—
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
    (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.


    USC § 922. Unlawful acts (q) (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 firearm—
    (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;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    Here is Missouri State law regarding firearms and schools:

    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
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    .
    .
    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.

  3. #3
    Regular Member usmcbess's Avatar
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    This is what I am trying to figure out. A few city's have an exemption for school carry under these circunstances, this is washington, MO.
    E. Subdivision (10) of Subsection (A) does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school or by an adult for the purposes of facilitating a school-sanctioned firearm-related event.
    I know state and federal law take precedence. SO I dont know what to think of this. HELP!

  4. #4
    Regular Member cshoff's Avatar
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    Quote Originally Posted by usmcbess View Post
    This is what I am trying to figure out. A few city's have an exemption for school carry under these circunstances, this is washington, MO.
    E. Subdivision (10) of Subsection (A) does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school or by an adult for the purposes of facilitating a school-sanctioned firearm-related event.
    I know state and federal law take precedence. SO I dont know what to think of this. HELP!
    The ENTIRE STATE has that exception, regardless of anything in any local ordinance:

    571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:
    .
    .
    .
    (10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board.
    .
    .
    .
    3. Subdivisions (1), (5), (8), and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply to any person twenty-one years of age or older transporting a concealable firearm in the passenger compartment of a motor vehicle, so long as such concealable firearm is otherwise lawfully possessed, nor when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his or her dwelling unit or upon premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school, or possessed by an adult for the purposes of facilitation of a school-sanctioned firearm-related event.
    What is it you are confused about?
    Last edited by cshoff; 09-21-2010 at 09:29 PM.

  5. #5
    Regular Member usmcbess's Avatar
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    Okay thsnk you for that. Do you think this conflicts with any of the federal codes you provided?

  6. #6
    Regular Member cshoff's Avatar
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    Quote Originally Posted by usmcbess View Post
    Okay thsnk you for that. Do you think this conflicts with any of the federal codes you provided?
    No. Federal law specifically defers to State Law in regards to whether or not an individual can lawfully carry a firearm into a Federal School Zone. As per USC § 922. Unlawful acts:

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (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;
    Since, in Missouri, a CCW permit does NOT authorize you (license you) to carry a firearm into a school, then, as per federal code, it is indeed unlawful to carry a firearm into a school (not a state criminal violation if you have a CCW permit, but definitely a Federal Violation), unless you have been given specific permission from the school board or a school official, no "if's, and's, or but's" about it. "Traversing school premises" to drop off or pick up a student, on the other hand, is a different story.
    Last edited by cshoff; 09-21-2010 at 11:04 PM.

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