Results 1 to 18 of 18

Thread: School Zones, A Thousand Feet

  1. #1
    Regular Member ArmySoldier22's Avatar
    Join Date
    Aug 2011
    Location
    Concord, NC
    Posts
    406

    School Zones, A Thousand Feet

    Hey everybody, this is something that's been on my mind a lot lately. I'm sure some if not most of you have been carrying while passing through a school zone. I won't ask who, since that would be self-incrimination. Nor will I admit to doing so myself. I plead the 5th lol. Wouldn't want to give the Anti's that frequent the site any fuel to burn. So I'll speak in hypothetical terms.

    Hypothetically, there's a meet near me in Charlotte at..oh.. let's say Five Guys this past Saturday. Well, riding my motorcycle on the way there, I would pass through 5 school zones "As far as I know. Around here you can pass by schools and never know they were there". And while there are longer routes that I could take to minimize the amount of school zones I pass through, there's just no way avoiding 1 or 2 unless I rode an hour out of my way. So hypothetically, I'm breaking the law. And you'd think with a law like this, LEO's wouldn't be too lenient on it.

    So I'm curious, have any of you ever had any confrontations with LEO's about this? Most of you drive cars or trucks, so I know it's not something you'd get pulled over for. But it's pretty obvious that I'm carrying. Just curious here. The answers may or may not affect what I hypothetically do.


    David

  2. #2
    Regular Member SovereignAxe's Avatar
    Join Date
    Jul 2011
    Location
    Elizabethton, TN
    Posts
    795
    As long as you have a carry permit from the state you're in, the GFSZ Act isn't going to be a problem for you, as long as you're in that state. Leave the state of NC on the other hand, and you have issues.

    For example, to get from Boone, NC to Johnson City, TN, most folks would take US-321 and be over there in an hour and some change. However, there are three high schools less than 1000ft from that highway on the TN side. I'm sure there are hundred of offenders that pass through here every day that don't realize they're breaking federal law. Getting around this would require a 2 hour detour to Asheville to get to I-26, and take that to JC. But I'm not even sure if you don't pass within 1000ft of a school on I-26.

    This just goes to show you how ridiculous the law is, and why it's never been enforced. Staying within the boundaries of the state your permit is issued is the exception to the rule.
    "Anyone worth shooting once is worth shooting twice." -Zeus

    "Someone ever tries to kill you, you try to kill 'em right back!" - Malcolm Reynolds

    EDC = Walther PPQ 9mm

  3. #3
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751
    I believe we've visited this before, but: Under 18 USC 922 2A, if you are 'licensed' (authorized to possess) by the state the school zone is in, you can carry through. The gun must be unloaded and locked up in a container or rack. You may not do this in another state. You may not enter school property. Example: You live in NC and can pass through school zones in Raleigh, Charlotte, etc., but you cannot travel to Richmond VA and do the same legally. As you've probably noticed, there hasn't been any checkpoints looking for people doing this.
    I cannot find where this is addressed by NC, so I figure our LEOs have better things to do.

    This an argument for CC. It's why I also have a nano vault in my bike's top case.

  4. #4
    Regular Member ArmySoldier22's Avatar
    Join Date
    Aug 2011
    Location
    Concord, NC
    Posts
    406
    I open carry, never CC. I also have a gun vault on the back of my bike. So just passing through the school zone, I'd have to stop, lock the firearm up, then get it back out when I'm out of the school zone? I may have read that wrong. Just trying to clarify


    David

  5. #5
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605
    North Carolina does NOT Reconize The 1000 Foot Rule, but The Federal Government does, therefore; anyone with ONLY a North Carolina License may Carry within a 1000 Feet of any Public or Private Elementary or Secondary School inside of North Carolina, but NOT any other State. If a Person does NOT have such License, then, that Person takes a Chance under Federal Prosecution under Federal Law 18 U.S.C. 922(q), unless; that Person meets another Exception under Federal Law.
    Last edited by aadvark; 10-23-2011 at 04:26 PM.

  6. #6
    Regular Member
    Join Date
    Oct 2009
    Location
    Conover
    Posts
    237
    What happens if you live within 1000 ft of a school and have no CHP? No gun in the house? its a stupid federal law. only enforced with other charges ass a add-on.

  7. #7
    Campaign Veteran skidmark's Avatar
    Join Date
    Jan 2007
    Location
    North Chesterfield VA
    Posts
    10,682
    Quote Originally Posted by muccione View Post
    What happens if you live within 1000 ft of a school and have no CHP? No gun in the house? its a stupid federal law. only enforced with other charges ass a add-on.
    You are exempted on your own property if you happen to fall inside the GFSZ. But once you are off your property you are in violation without the paperwork.

    As has been mentioned, including by you, the enforcement is up to the feds as it is their charge.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  8. #8
    Regular Member
    Join Date
    Oct 2009
    Location
    Hampton, AR
    Posts
    228
    Quote Originally Posted by skidmark View Post
    You are exempted on your own property if you happen to fall inside the GFSZ. But once you are off your property you are in violation without the paperwork.

    As has been mentioned, including by you, the enforcement is up to the feds as it is their charge.

    stay safe.

    Sooo you mean that the local police can't charge me with this charge?

  9. #9
    Regular Member Large Caliber Kick's Avatar
    Join Date
    May 2010
    Location
    Mooresville, North Carolina, United States
    Posts
    224
    If you'll look under 18 USC 922 2A and read it carefully you'll see that it states that it applies only to firearms involved in interstate commerce. Now I'm no lawyer, but I do have incredibly high reading comprehension scores. I take this to mean that If the firearm one was carrying was manufactured in your state (Para Arms) and at no time during it's journey between the factory and your holster did it leave your state (North Carolina) then this firearm in question would be exempt from this thousand foot rule.

    This is not legal advice and I am not responsible for what you choose to do after reading this interpretation.

  10. #10
    Regular Member
    Join Date
    Apr 2011
    Location
    Belmont, NC
    Posts
    184
    This is a good question and I have thought about it many times myself. Not sure what the real cut and dry answer is.
    Walk softly and carry a large caliber.

  11. #11
    Regular Member
    Join Date
    May 2011
    Location
    murphy
    Posts
    11

    state laws of the state you are in

    if you have a chp( or ccp or whatever the state you are in calls it) you are under an must abide with the laws of the state that you are in. if they permit their citizens to carry concealed within 1000 ft then you are also. just like if you go to fl and want to sit in a an establisnment that serves and eat but not drink alcohol you are fine. in fl i could carry a switchblade that is not allowed in nc...so do your home work dont ask concealed questions where open carry is the rule and for referance i have had an unrestricted chp for ny, a ccp in fl and now a chp for nc..check out www.handgunlaw.us

  12. #12
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751
    Quote Originally Posted by Large Caliber Kick View Post
    If you'll look under 18 USC 922 2A and read it carefully you'll see that it states that it applies only to firearms involved in interstate commerce. Now I'm no lawyer, but I do have incredibly high reading comprehension scores. I take this to mean that If the firearm one was carrying was manufactured in your state (Para Arms) and at no time during it's journey between the factory and your holster did it leave your state (North Carolina) then this firearm in question would be exempt from this thousand foot rule.

    This is not legal advice and I am not responsible for what you choose to do after reading this interpretation.
    Read it carefully, again. Paragraph (B) exempts those who are included in (B)i-iiv from the provisions of (A). My previous post stands: If you are authorized/licensed by the state the school is in, the origin of the gun does not matter.

  13. #13
    Regular Member ArmySoldier22's Avatar
    Join Date
    Aug 2011
    Location
    Concord, NC
    Posts
    406
    Quote Originally Posted by bc.cruiser View Post
    Read it carefully, again. Paragraph (B) exempts those who are included in (B)i-iiv from the provisions of (A). My previous post stands: If you are authorized/licensed by the state the school is in, the origin of the gun does not matter.
    Just trying to clarify everything. But does this stand for OC and CC, or just CC. Being that there is no license to OC.

  14. #14
    Regular Member
    Join Date
    Apr 2009
    Location
    Levittown, Pennsylvania, USA
    Posts
    771
    Quote Originally Posted by ArmySoldier22 View Post
    Just trying to clarify everything. But does this stand for OC and CC, or just CC. Being that there is no license to OC.

    GFSZ makes no distinction between OC or CC. It says "possess". There may not be a need for a license to OC but the license is still required to possess in the GFSZ.
    States donít have rights. People do.

  15. #15
    Regular Member ArmySoldier22's Avatar
    Join Date
    Aug 2011
    Location
    Concord, NC
    Posts
    406
    Quote Originally Posted by mrjam2jab View Post
    GFSZ makes no distinction between OC or CC. It says "possess". There may not be a need for a license to OC but the license is still required to possess in the GFSZ.
    So, in summary the answer is, I would be ok Open Carrying through the school zone, only if I had my CHP. Without it, it's breaking the law?


    David

  16. #16
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751

    to ArmySoldier22

    Here is a site to read the relevant Federal law: uscode.house.gov/uscode.../fastweb.exe?...uscview...

    Specifically read (q)(2)(A), (B). Pay particular attention to (B)ii and (B)iii.

    MY interpretation is that if you obtained your gun with a permit issued in NC, or if you have a NC CHP, you meet the requirements of (B)ii.
    This law is another case of knee-jerking catching the rest of us in the crotch.

  17. #17
    Regular Member ArmySoldier22's Avatar
    Join Date
    Aug 2011
    Location
    Concord, NC
    Posts
    406
    Quote Originally Posted by bc.cruiser View Post
    Here is a site to read the relevant Federal law: uscode.house.gov/uscode.../fastweb.exe?...uscview...

    Specifically read (q)(2)(A), (B). Pay particular attention to (B)ii and (B)iii.

    MY interpretation is that if you obtained your gun with a permit issued in NC, or if you have a NC CHP, you meet the requirements of (B)ii.
    This law is another case of knee-jerking catching the rest of us in the crotch.
    Interesting. I wasn't even thinking about the PPP at all. But now that I am, I agree with your interpretation. It should count as an authorized license to possess. Especially since that's exactly what it is.. I know that me agreeing with your point of view doesn't necessarily make either of us right lol, but I think that it's atleast a basis to fight on if anybody ever did get stopped for it. '


    David

  18. #18
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443
    I sincerely hope the young girl recovers quickly and completely...

    http://www.wral.com/news/local/story/10293352/

    I'm wondering how a gun was even on campus since it is a Gun Free Zone...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •