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Thread: Open Carry Near Elementary School? (On The Sidewalk)

  1. #1
    Regular Member
    Join Date
    Mar 2011

    Open Carry Near Elementary School? (On The Sidewalk)

    Hello everyone,

    Today marks the 6th time I've open carried. . . with no problems! However, I've avoided carrying anywhere near the elementary school thats about a mile from my house, so I've been walking alternative routes. Should I continue avoiding open carrying near that school or is it legal for me to OC on the sidewalk? Or is the sidewalk considered that school's property as well? I'd walk on the other side of the street to put as much distance as possible between me and the school.

    Please help!

  2. #2
    Regular Member
    Join Date
    May 2006
    Prescott, Arizona, USA
    The federal Gun Free School Zones Act prohibits carry within 1000 feet of a school, with a few exceptions including one for people licensed by the state to carry a firearm.

    That's important to know.

    On the other hand it's virtually unheard of for police in AZ to enforce the GFSZA. I've seen literally hundreds of people a t a time open carrying within 1000' feet of a school, with plenty of police around and nobody giving it a second thought.

  3. #3
    Regular Member
    Join Date
    Aug 2009
    , ,

    No State is under Obligation to Enforce Federal Law 18 U.S.C. 922(q), as such Terms therein are Defined under Federal Laws 18 U.S.C. 921(a)(25) AND 18 U.S.C. 921(a)(26), as such Terms Enumerate Elementary and Secondary Public Schools as 'Schools' and The 1000 Foot 'Buffer Zone' which Occupies them, less: Motor Vehicles, Unloaded and Encased Firearms, Private Property, and when Hunting with Permission from The School when Transversing School Property.

    In Fact, The ONLY State in The Far-Western United States that has a 1000 Foot Law is California.

    Arizona does not Enforce The Federal Law Enumerated above, however; Arizona does have a Ban of Knowingly Possesing Firearms in Schools under Arizona Revised Statute 13-3102A12.

    Under Federal Law, any Person who has a Bureau of Alcohol, Tobacco, Firearms, and Explosives Qualified Exempt Permit may Carry a Firearm into a School Safety Zone, or in a School, so as long as The Provisions of Federal Law 18 U.S.C. 922(q)(2)(B)(ii) are Applicable as against The Person.

    Arizona Revised Statute 13-3102C4 seems to Provide an Exemption to The Application of The State Law and The Federal Law Mentioned above, as The Permit Issued under Arizona Revised Statute 13-3112 seems to Qualify under:

    Furthermore, under that Application, Arizona Permits also work an Exception to The Provisions of Federal Law 18 U.S.C. 922(t), as that Statute Pertains to: National Instant Criminal System 'on-Site' Verification, Multiple Handgun Sales, and 3-Day Waiting Periods for such Handgun Sales.

    Last edited by aadvark; 04-16-2011 at 07:53 PM.

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