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Thread: Livin' within 1000 ft of public school ?s

  1. #1
    Regular Member endowed's Avatar
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    Livin' within 1000 ft of public school ?s

    Considering Fed Law, is it legal to:

    1) Clean my firearms outside my apartment on my side of front balcony (only my next door neighbor shares the stairs/balcony)?

    2) OCing from our apartment to our parking space/Jeep (I have CFP, but she doesn't... yet)?

    Thanks in-advance.

  2. #2
    Regular Member Nevada carrier's Avatar
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    I live in the same situation and have spoken to the the Police and they claim that they enforce only state laws, unless directed by federal law enforcement to investigate or make an arrest under federal statutes. Basically what he said is, "unless the feds tell us to arrest you for the 1000 foot rule, we're not going to because it's not in state law."

    I have also walked along the sidewalk on the opposite side of the street from a public elementary, and have been seen by police while doing do and not been stopped. I walk outside within my apartment complex with my firearm in plain view and have been noticed on more than one occasion by police that were on the premises for other business and never been bothered either.

    I would discourage you from loitering near the school for any reason, because there is something in State law about Loitering near a school with a firearm, I just cant remember the statute. As for cleaning your firearm in a place that is accessible to the public. I don't see anything illegal in doing so, but it is not the same scenario as someone seeing a firearm securely in a holster on your hip, you have it out of the holster and in your hand in various stages of disassembly. I understand your reasoning for cleaning your firearms outside, but I would find a way to do it outdoors in a place not accessible to the public.

  3. #3
    Regular Member endowed's Avatar
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    1.1) Would a child gate at the end of my side of the balcony be enough barrier to public access (the apartment's description includes the balcony... CLP inside = no fun 4 all)?

  4. #4
    Regular Member Nevada carrier's Avatar
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    Well, As I indicated, it would not be illegal to disassemble and clean your firearm in a place that is publicly accessible while also being a place defined as "your home." Putting up any barrier would definitely be an improvement, but may not stop someone from panicking if they say your firearm. Try to be as discrete as possible while handling your firearm in view of the public and do your function checks out of the view of the public.

    Staying legal is one thing, but sometimes doing something within the law requires the application of common sense, which I think you have, since you are thinking about these things and asking questions. Just do what you think is in your best interests, but also in the best interests of your neighbors and your community, and stay within the law. if you apply these things, I don't see any problems.

  5. #5
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    There is an exception to the federal law for being on private property so at you should be fine under the word of the law if you never stop onto public property. Due to U.S. vs. Lopez I can't see how the Feds can still claim that the law has any validity. Sure they changed a few words around but the law has the same effect as before. I think it should be found unconstitutional again for the same reason as the first time. Unfortunately U.S. vs. Lopez was won narrowly, 5 vs. 4, meaning all that almost half of the supreme court justices believe that the part of the constitution where the powers of the federal government are enumerated is about as meaningful as a piece of toilet paper and the Federal government has unlimited power.
    Last edited by Felid`Maximus; 10-22-2010 at 02:23 AM.

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