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Thread: Private school GFSZ?

  1. #1
    Regular Member paul@paul-fisher.com's Avatar
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    Private school GFSZ?

    OK, here's the question. State and Federal GFSZ laws have an exemption for private property. So..... a church or a school is private property, would you be able to carry on the grounds?

    When a friend of mine had asked this a few months ago because he wanted to OC at his church which has an on-premise K-12 school, I said GFSZ would apply. I didn't give much thought about the private property part.

    What do all you think?

  2. #2
    Founder's Club Member protias's Avatar
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    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

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  3. #3
    Regular Member paul@paul-fisher.com's Avatar
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    Thank you, I forgot about that thread, however, it seems, like 167.31 and 941.23 (pre 11/1/11) the GFSZ law and the exception of the GFSZ law disagree when it comes to a non-public school.

  4. #4
    Regular Member paul@paul-fisher.com's Avatar
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    I went back to the Federal law. I just answered my own question. Sorry.

    The Gun Free School Zones Act states:[6](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 firearmó
    (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 isó (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.
    (3) (A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone. (B) Subparagraph (A) does not apply to the discharge of a firearmó
    (i) on private property not part of school grounds;
    (ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
    (iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
    (iv) by a law enforcement officer acting in his or her official capacity.
    (4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.

  5. #5
    Regular Member BROKENSPROKET's Avatar
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    I know I asked the question awhile back because my church has a K-8 school, but the church and the school are on opposite sides of a large parking lot.

  6. #6
    Regular Member Interceptor_Knight's Avatar
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    Think of it as Private Property not part of School Grounds as an exception. Defining what constitutes school grounds is key. Public or private ownership of school grounds is irrelevant.

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    I would think that if one is a up standing menmber of the church/school it should not be hard to get permission to carry.

    All my pastors over the last 30 years have been very pro gun I would have no trouble with any of them.

    Become a member of the church/school board and give yourself permission as part of the security program

  8. #8
    Regular Member IcrewUH60's Avatar
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    Home-school in your own house?
    "In a court trial half the lawyers are wrong." - Captain Nemo

    "[There is] a duty in refusing to cooperate in any undertaking that violates the Constitutional rights of the individual. This holds in particular for all inquisitions that are concerned with the private life and the political affiliations of the citizens." - Albert Einstein

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  9. #9
    Regular Member Interceptor_Knight's Avatar
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    Quote Originally Posted by IcrewUH60 View Post
    Home-school in your own house?
    Home Schools are not recognized as a K-12 school by the GFSZ Statute.

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