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Riding a Bike through a school zone while Carrying

rob99vmi04

Regular Member
Joined
May 22, 2007
Messages
291
Location
Fairfax, Virginia, USA
With Gas prices going up I think I"m going to start riding to work in the mornings ( about a 5.5 mile ride). My dilema is as followed. No matter which way I go, I would be riding through a school zone particularly an elementry school zone. These elementry schools are off stringfellow and Lees corner road in chantilly, which are major I guess you call them "drags".

Is there any issue with this if I stay on the major road and off the side walks? Both schools have cops permantly posted outside and I can see in a heart beat a cop stopping me and saying well your in a school zone. Any help would be appreciated.
 

peter nap

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I'm not going to cite the GFZ. It's been beaten to death.
I'll give my opinion instead.

The GFZ is not enforceable for simply passing by a school on a public highway. It has to be an add on for another crime. I know of no cases where someone has been charged for simply driving by, walking or riding past a school while armed...Except... for one Chesterfield case and we don't know the details or how the case will come out yet and that was a state charge, not Federal.

The field seems to be divided about equally among gun owners that want a CHP so they can drive on the roads in safety, and those that aren't going to give in to a law that is designed to have a chilling effect and deprive law abiding gun owners without a Permit, their rights.

If you're looking for an answer that's written in stone, there isn't one. You pays your money and you takes your chance.
 
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2a4all

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Jul 1, 2008
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Newport News, Virginia, USA
rob99vmi04, it won't matter how well versed you are in the niceties of the Federal GFZ law while you are being detained by a LEO near the school. Mostly because s/he may not be so well-versed. Being on a bicycle isn't really much different than being afoot (yes, I know that traffic rules apply). If you have a CHP, you're exempt (as along as you're not actually on school property), but you'll need to be certain where the property line is, and the LEO may not actually know. It's also possible that the local LEOs don't have the authority to enforce the Federal GFZ.

The parents dropping off their kids might take a dim view of your boldness.

Good luck.
 

peter nap

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rob99vmi04, . Being on a bicycle isn't really much different than being afoot (yes, I know that traffic rules apply).

There may be one difference. A bicycle is considered a vehicle and as such he should be able to tuck it in a Secured Compartment. I do that all the time on my motorcycle.

A word of caution though...the term "Secured Container" hasn't been tested yet and many LEO's, including our own Novacop, believe that means locked.
 

kg4usk

Regular Member
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Jun 7, 2010
Messages
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Location
Richmond, Virginia, USA
I've been wondering this myself. I have open carried while riding right in front of a Chesterfield officer who was sitting in a school zone, but nothing happened. I do conceal carry on my bike now because I've been concerned about the GFZ stuff. Wouldn't having a concealed handgun on your person, on your bike be considered concealed "in a personal vehicle"?
 

2a4all

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There may be one difference. A bicycle is considered a vehicle and as such he should be able to tuck it in a Secured Compartment. I do that all the time on my motorcycle.

A word of caution though...the term "Secured Container" hasn't been tested yet and many LEO's, including our own Novacop, believe that means locked.

Perhaps not.

§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

10. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel.

Note that it isn't the container which must be secured, but rather the handgun must be secured in the container. Even if the container is locked, does that mean the gun can't rattle around? Sorry, Novacop:cry:.
 

roscoe13

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Catlett, Virginia, USA
There is no state law that covers school zones. As long as you are not on K-12 school property, you're fine.

The Federal GFSZA covers 1000ft from any K-12 property, but if you have a CHP you're exempt (the federal gfsza exempts holders of state-issued permits to carry firearms).

Not quite.... From the GFSZA:

"(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;"

Roscoe
 
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tcmech

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Aug 2, 2009
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, ,
They don't.F' 'em.

I take a dim view indeed of their snobbishness and obliviousness.

While my daughter is no longer going to a public school here I did bring a firearm in the vehicle while dropping her off. I do not believe I was ever in violation of the law, but I don't worry about the past or what I need(ed) to do to protect my family.
 

peter nap

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But a bicycle doesn't have a motor... how can it be classified as "a motor vehicle?"

TFred

You may be right Tfred, that's why I said it may. Actually, some bikes do have motors but all have to obey the same rules as motor vehicles. What about scooters. They do have motors.

Lots of gray in that law including what is a vessel. That's generally considered a ship or LARGE boat. Is my 21 foot sailboat a vessel, how about my canoe or my kayak????????
 
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Grapeshot

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Valhalla
There is no state law that covers school zones. As long as you are not on K-12 school property, you're fine.

The Federal GFSZA covers 1000ft from any K-12 property, but if you have a CHP you're exempt (the federal gfsza exempts holders of state-issued permits to carry firearms). As stated above, this law is almost always an add-on charge for someone already going down for other crimes. However it is still the law and still could possibly be enforced.

Not quite.... From the GFSZA:

(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;"
Roscoe

Actually, quite so.

Nova states correctly - there is no Code of Va. GFSZ 1000' application -or any distance in so long as you are not on school property. Even then, there are addition exceptions.

Your excerpt from the federal GFSZ Act of 1995 just reinforces his statement.
 

ed

Founder's Club Member - Moderator
Joined
Mar 8, 2008
Messages
4,841
Location
Loudoun County - Dulles Airport, Virginia, USA
There is no state law that covers school zones. As long as you are not on K-12 school property, you're fine.

The Federal GFSZA covers 1000ft from any K-12 property, but if you have a CHP you're exempt (the federal gfsza exempts holders of state-issued permits to carry firearms). As stated above, this law is almost always an add-on charge for someone already going down for other crimes. However it is still the law and still could possibly be enforced.
I told the OP this as well.. except his permit is a UTAH permit, not a VA CHP.
 

2a4all

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Location
Newport News, Virginia, USA
You may be right Tfred, that's why I said it may. Actually, some bikes do have motors but all have to obey the same rules as motor vehicles. What about scooters. They do have motors.

Lots of gray in that law including what is a vessel. That's generally considered a ship or LARGE boat. Is my 21 foot sailboat a vessel, how about my canoe or my kayak????????
In a former life, I served in the US Coast Guard Auxiliary, and IIRC, USCG considers all watercraft as vessels. I did many a safety patrol using my 27' vessel.
 

grylnsmn

Regular Member
Joined
Dec 28, 2010
Messages
620
Location
Pacific Northwest
If memory serves, the definition for a motor vehicle is under 8.01-307 and it does not include things that are human or animal powered.

Except § 8.01-307 states:
For the purpose of §§ 8.01-308 through 8.01-313
18.2-308.1 Isn't part of 8.01-308 through 8.01-313, and does not specifically cite 8.01-307, so the definition there doesn't apply (unless there is a court ruling citing that definition as controlling for other sections of law).
 

roscoe13

Campaign Veteran
Joined
Apr 18, 2007
Messages
1,134
Location
Catlett, Virginia, USA
Actually, quite so.

Nova states correctly - there is no Code of Va. GFSZ 1000' application -or any distance in so long as you are not on school property. Even then, there are addition exceptions.

Your excerpt from the federal GFSZ Act of 1995 just reinforces his statement.

No, it doesn't. You missed my point. Nova said that if you have a CHP you're exempt from the 1000' rule of the federal GFSZA. I was pointing out that a: the CHP must be issued in the state in which the school zone exists, and b: the state that issued the CHP must perform background checks as part of the CHP process. If you've got an out of state CHP, but no VA CHP, you could still be charged under the federal GFSZA for carrying w/in 1000' of a school, even if the out of state CHP is recognized by VA.

Roscoe
 
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