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School Zones

Ford

Regular Member
Joined
Nov 10, 2010
Messages
17
Location
Flagstaff, AZ
I am unfamiliar with the legality of carrying near schools. Of course I am aware that it is against Federal law to carry a firearm into a school. However, it is also illegal to carry within 1000 feet of a school per federal law. I have heard that many states CC license allows an individual to carry inside the 1000 foot bubble, just not on property. Does anybody know? I do not remember anything specific to this in KY's laws. I imagine no license OC would be illegal within 1000 feet of schools as well.
 

langzaiguy

Regular Member
Joined
Mar 15, 2009
Messages
916
Location
Central KY
According to Federal law, no one can carry a firearm within a 1000 feet of a school unless they have a permit to do so. KY law says that no one, regardless of permit can carry on school property but there's no kind of radius as the federal law has. One may deduce that in KY, no one can carry on school property but those that have their CCDW may carry within the radius.

-For the record, I believe the KRS is contrary to the KY Constitution.

-There are exceptions in regards to carrying on school property in that one may keep a gun in their car or have one in their car as they drop off their kids.
 

mrjam2jab

Regular Member
Joined
Apr 26, 2009
Messages
769
Location
Levittown, Pennsylvania, USA
doesn't the federal law say something about willful or knowingly?

18 USC ss 922

(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.
 

kwikrnu

Banned
Joined
May 14, 2008
Messages
1,956
Location
Brentwood, Tennessee
That would be incorrect. In Kentucky in accordance with KRS 237.110 you may carry in your car as long as the weapon remains in your car and you do not present it (wave) to anyone.

If you're in a school zone be careful because there is no KRS exception in Federal code for people who don't have permits and drive into school zones.
 
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Darkshadow62988

Activist Member
Joined
Oct 17, 2010
Messages
238
Location
Iowa
That would be incorrect. In Kentucky in accordance with KRS 237.110 you may carry in your car as long as the weapon remains in your car and you do not present it (wave) to anyone.

That's nice. Good to see that Kentucky decided not to shove ******************* but federal law requires you to have a license issued by the state you are in. Unlicensed open carry withing a thousand feet of a school is a federal crime.

----Moderator Edited----
--Warning on language--
 

rickc1962

Regular Member
Joined
Nov 16, 2010
Messages
192
Location
Battle Mountain, NV.
That's nice. Good to see that Kentucky decided not to shove ******************* but federal law requires you to have a license issued by the state you are in. Unlicensed open carry withing a thousand feet of a school is a federal crime.

----Moderator Edited----
--Warning on language--

I don`t thank state or local police are obligated to enforce federal law, remember we the states created the federal government, not the other way around, all state LEO would have to do is arest federal agents for trespassing if thay chose to enforce their unconstitutional laws, but we the people need to stand with one voice to tell are states that the 10th admendmentis alive and well. Remember... "WE THE PEOPLE" have all the power.
 

bmt626

New member
Joined
Nov 3, 2010
Messages
8
Location
Erlanger, Kentucky
As long as it is in your cars factory installed glove box it is legal but only if your dropping off or picking up I not believe you can keep it in your car while you go inside maybe wrong on that last part but just keep it in your glove box and your good ccdw license or not you can keep a firearm in your glove box and have it loaded but it has to be factory installed and on passenger side NO CENTER CONSOLE ALLOWED WITH OUT CCDW

Sent from my DROIDX using Tapatalk
 

aadvark

Regular Member
Joined
Aug 25, 2009
Messages
1,597
Location
, ,
Local Police are HIGHLY UNLIKELY to Enforce The Federal anti-Firearm 1000' Prohibitions around Schools, K-12, UNLESS such State in Question has also Enacted such a a 1000' Foot Firearm-Free Prohibition. Some States have, and some States have not.

Kentucky has NOT Enacted any such Law, and probably NEVER will either.

Either way though, Federal Law 18 U.S.C. 922(q)(2)(B)(ii) DOES EXEMPT Permit Holders, Issued by such State, wherein The State such School, K-12, is Located.

Again though, Kentucky is Pro-Firearm..., and Kentucky most probably would act if, and only if, such Person actually went on The Real Property of The School with a Firearm, K-12, itself..., not just merely within a 1000' of such School with a Firearm.

P.S.: In my State of Georgia..., The Georgia General Assembly REPEALED the 1000' Draconian Prohibitions around Schools, K-12, and now it is PERFECTLY LEGAL to Openly Carry a Firearm, in compliance with Georgia Law, within 1000' of a School, K-12 or Colleges/Universities. However, The Georgia General Assembly made it ABUNDANTLY Clear that if a Person 'Stepped Foot' on The Real Property of a School, any School, regardless, with a Firearm, then, it is a Misdemeanor if you have a Permit, and a FELONY if you do not.
 
Last edited:

bhussung

New member
Joined
Mar 7, 2011
Messages
3
Location
Hebron, KY
Just to be clear

So, according to the letter of the law (18 U.S.C. 922(q)), without a Kentucky CCDW license it is nearly impossible to legally open carry a holstered firearm? If you look at a map of school zones, it is not really possible to travel from one place to another without crossing one, or 10 for that matter. Even driving within 1000 feet of a school with a loaded gun in your glove box is a federal felony. Just between my home and my place of business I pass within 1000 feet of 23 schools in my 11 mile trip. I hope my CCDW pak comes in soon so that I can legally observe my 2nd amendment rights again.

How close are we to repealing this atrocity of misdirected legislature???

P.S. sorry about the rant, but this was a new one for me.. wow.. Thanks a lot President Clinton!
 

hotrod

Regular Member
Joined
Jul 24, 2008
Messages
569
Location
Union, Kentucky, USA
So, according to the letter of the law (18 U.S.C. 922(q)), without a Kentucky CCDW license it is nearly impossible to legally open carry a holstered firearm? If you look at a map of school zones, it is not really possible to travel from one place to another without crossing one, or 10 for that matter. Even driving within 1000 feet of a school with a loaded gun in your glove box is a federal felony. Just between my home and my place of business I pass within 1000 feet of 23 schools in my 11 mile trip. I hope my CCDW pak comes in soon so that I can legally observe my 2nd amendment rights again.

How close are we to repealing this atrocity of misdirected legislature???

P.S. sorry about the rant, but this was a new one for me.. wow.. Thanks a lot President Clinton!

Not being one who is ready for jail time, and this law has never been enforced anywhere I can find, or at least a conviction, I believe it to be unconstitutional. Of course, you would have to spend a grunt load of money to survive the complaint, but if your on school property and carrying a firearm you are going to have more trouble from the state than the feds.
 

bhussung

New member
Joined
Mar 7, 2011
Messages
3
Location
Hebron, KY
I definitely have no problem with gun free schools, as long as they have an armed resource officer on site, but I can't believe that this hasn't been successfully challenged yet. I guess if they haven't had anyone arrested/convicted under 922(q) as a primary offense, it is somewhat hard to challenge.

A 5 year federal prison sentence is one of those things that can stick in the back of your brain though. No one should have to second guess themselves just because they choose to open carry.
 

09jisaac

Regular Member
Joined
Apr 13, 2011
Messages
1,692
Location
Louisa, Kentucky
Can someone please tell me where they get the 1000 ft rule? I have read what everyone is talking about and unless school zone is defined somewhere else then I don't know where you get 1000 ft at.

Also, does this mean that I can't open carry in downtown louisa? Because I am pretty sure the whole town is within 1000 ft of a school.
 

neuroblades

Regular Member
Joined
Aug 26, 2009
Messages
1,240
Location
, Kentucky, USA
This is a hairy one and I've heard so many different things about it. The 1,000 foot rule is a federal law, not state. As long as your weapon is inside your vehicle and NOT removed on school property, you're OK. For instance, you have to go pick up the kids, a nephew, niece or whatever at school and you have a weapon, you can not carry it with you but as long as it stays in the vehicle it's legal.

As I understand it, there's an exemption for those with a CDWL as well.

Some of the other guys here have a better understanding because they have dealt with with this topic deeper, they can fill in the spaces.
 
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