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Thread: Is OC of a firearm on primary/secondary school grounds legal?

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    Is OC of a firearm on primary/secondary school grounds legal?

    5A repost
    Last edited by Keith Cromm; 02-12-2012 at 11:37 AM.
    I open carry because if a bad guy attacks me anyway, I am best prepared to respond appropriately, with minimal fuss, and my bearing of a firearm is not infringed by having to lift my shirt, pull back my jacket, or unzip some pouch. Forcing people to carry concealed is an infringement on the right to keep and bear arms.

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    Regular Member oldbanger's Avatar
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    The Federal GFSZA deters unlicensed carry by making it a federal crime for an unlicensed individual to travel into a "Gun Free School Zone...

    GFSZA Prohibits Discharging Firearm in Self-Defense;...

    Although the GFSZA allows a citizen to discharge a firearm on private property,... it prohibits discharge on public property in the Gun Free Zones by anyone except on-duty law enforcement and school security... A carry permit never exempts an individual from the GFSZA discharge restrictions, even in the State that physically issued it...

    IC 18-3302D
    Possessing weapons or firearms on school property.

    (4) The provisions of this section shall not apply to the following persons:...
    (e) A person who lawfully possesses a firearm or other deadly or dangerous weapon in a private vehicle while delivering minor children, students or school employees to and from school or a school activity;...

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    Last edited by Keith Cromm; 05-23-2012 at 11:59 PM.
    I open carry because if a bad guy attacks me anyway, I am best prepared to respond appropriately, with minimal fuss, and my bearing of a firearm is not infringed by having to lift my shirt, pull back my jacket, or unzip some pouch. Forcing people to carry concealed is an infringement on the right to keep and bear arms.

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    Quote Originally Posted by Keith Cromm View Post
    oldbanger,

    FTR, INAL .... that being noted:

    You did note the GFSZA does exempt an Idaho citizen within the state of Idaho to OC on school grounds.
    Further, you cited IC 18-3302D allows a weapon to be in a vehicle when transporting someone.]

    IC 18-3302D(1)(a) does prohibit OC on school grounds only when "It shall be unlawful and is a misdemeanor for any person to possess a firearm or other deadly or dangerous weapon while on the property of a school or in those portions of any building, stadium or other structure on school grounds which, at the time of the violation, were being used for an activity sponsored by or through a school in this state ..."

    Note the blue bolded portion.

    When voting, lets say at one of the upcoming Treasure Valley area school district bond levies and/or state and/or national elections, while the entirety of the voting occurs throughout the day, when the school "closes down" and voting is the only "activity" occurring, that being an activity not "sponsored by or through a school," OCing* would not be a statutory violation.


    Insight as to my un-trained legal conclusion(s) are most welcome.

    *any takers?!
    I read that the same way, but, am unwilling to test it.

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    Last edited by Keith Cromm; 05-23-2012 at 11:58 PM.
    I open carry because if a bad guy attacks me anyway, I am best prepared to respond appropriately, with minimal fuss, and my bearing of a firearm is not infringed by having to lift my shirt, pull back my jacket, or unzip some pouch. Forcing people to carry concealed is an infringement on the right to keep and bear arms.

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    Regular Member bowb's Avatar
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    Quote Originally Posted by Keith Cromm View Post
    I just realized the MOST egregious part of IC 18-3302D, specifically, this portion of section (1)(d):

    For purposes of subsection (1)(b) of this section, "possess" shall also mean to bring an object onto the site of a school sponsored activity, program or event, regardless of location, or to exercise dominion and control over an object located anywhere on such a site;

    That being noted, if a "school sponsored(s) (an) activity, program or event" *anywhere* within this good State of Idaho, an OC/CC citizen is, per this law, guilty of a misdemeanor.

    Thus, don't OC/CC at a parade when a school "sponsors" their kids to be in that parade.

    Also, highly consider posting a sign banning ALL primary/secondary STUDENTS from your private property wherein the student seeks to enter your private property to sell stuff via a "a school sponsored activity".

    But, still, I come back to IC 19-202A, of which begs the (legal) question to be answered: Is bearing arms for "protecting himself or his family" a "reasonable means" that is "necessary"?

    The contrary to this question is that no one but "himself" can "protect himself".

    All this to note that clearly the State of Idaho, amongst the other 50 states and districts, does infringe, exceeding at that.
    INAL but the way I read this is that 1d defines possesion for what applies in 1b: students. So students over 18 and at a school sponsored event not located on school property is guilty of a misdemeanor.

    Sent from my HERO200 using Tapatalk

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    I am curious how Utahns are allowed, with a carry permit, to carry openly or concealed on public school grounds but Idaho cites GFSZA as a federal law prohibiting it no matter what states say?

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    Quote Originally Posted by NavyLCDR View Post
    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;
    i read that 3 times and can only get from it that since i live in utah, have the utah license, and am allowed to have the utah license, i can carry on campus? but then it doesn't seem like that's an exemption that shouldn't apply to idaho too. My dad lives next to a school, but can't carry on walks when he leaves his property not in a vehicle or he'd either be violating the 1000-foot rule (which some states are "exempt" from as well, which also confuses me) or he'd be carrying on school property. he just needs a concealed-carry permit.

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