GFSZ Question

R027 · Apr 12, 2013

I have a question about Gun Free School Zones.

What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

Pursuant to 18 U.S.C. § 921(a)(25) the term "school zone" means—

(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Thanks in advance.

mpg9999 · Apr 12, 2013

R027 said:
I have a question about Gun Free School Zones.

What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

Pursuant to 18 U.S.C. § 921(a)(25) the term "school zone" means—

(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Thanks in advance.

If you don't have a CHP you are breaking the law, however it is unlikely you would be charged unless you were violating another law (like you were robbing the store in question).

peter nap · Apr 12, 2013

R027 said:
I have a question about Gun Free School Zones.

What if the store I visit is within 1,000 feet from a school? Am I breaking the law if I'm open carrying there? There's a shopping center right across Gar-Field High School's practice fields, I was wondering if I am in violation of the law because of this.

Pursuant to 18 U.S.C. § 921(a)(25) the term "school zone" means—

(A) in, or on the grounds of, a public, parochial or private school; or

(B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

Thanks in advance.

There are three answers

1. If you have a CHP, it's legal.
2. If you don't have a CHP it's not legal. 1000 feet s 1000 feet.
3. Don't worry about it, Bigfoot, Vamprilla or King Tuts curse.

JohnM15A · Apr 12, 2013

I live in the area and have the same problem. Can't swing a dead cat without hitting a GFSZ school...

From what I can tell is that you would technically be in violation.

The question would naturally be: "Would a LEO arrest you if he saw you packing within the 1,000'?"

SouthernBoy · Apr 12, 2013

JohnM15A said:
I live in the area and have the same problem. Can't swing a dead cat without hitting a GFSZ school...

From what I can tell is that you would technically be in violation.

The question would naturally be: "Would a LEO arrest you if he saw you packing within the 1,000'?"

Not if he has a CHP which seems to be deemed an appropriate item for this situation. And if he is OC'ing he need not have the permit on his person. He just needs to have been issued it.

R027 · Apr 12, 2013

No CHP here. Guess I'll get one just in case.

peter nap · Apr 12, 2013

R027 said:
No CHP here. Guess I'll get one just in case.

Damn poor reason to sell your soul!

TFred · Apr 12, 2013

There is lots of discussion on this. Read through old threads for an education.

My view goes one further, since Virginia does not issue a "license to carry firearms", there is no possible way to comply with this law.

There are no proofs of any of the assertions presented here, because the Feds know that the first case that does not involve a scumbag that makes it to a court of law will take their little toy away from them.

JMHO... along with the rest.

TFred

WalkingWolf · Apr 13, 2013

Private property is exempt from GFSZA.

SouthernBoy · Apr 13, 2013

TFred said:
There is lots of discussion on this. Read through old threads for an education.

My view goes one further, since Virginia does not issue a "license to carry firearms", there is no possible way to comply with this law.

There are no proofs of any of the assertions presented here, because the Feds know that the first case that does not involve a scumbag that makes it to a court of law will take their little toy away from them.

JMHO... along with the rest.

TFred

While this is true, it seems that concealed carry permits are the free pass for this federal law. The unfortunate thing is that the folks who write these laws tend not to know firearms very well or the terminology associated with them. And since law can be a thing of precision (words have meaning) left to interpretation (the bane of our sanity at times) we are left with what they write. A good example is the definition of a firearm in Virginia includes the statement (paraphrased here) of a projectile propelled by an explosive action. We all know that the powder in the case does not explode... it burns. But they didn't seem to know this when they wrote those statutes, however what they wrote affects all of us and trying to argue this one in court is certain to be a losing cause.

The GFSZA is a bad law and really needs to either be completely nulled by the states or rescinded at the federal level once and for all.

mpguy · Apr 13, 2013

WalkingWolf said:
Private property is exempt from GFSZA.

I was going to say this.

Sent from my DROID RAZR using Tapatalk 2

roscoe13 · Apr 13, 2013

WalkingWolf said:
Private property is exempt from GFSZA.

So what. There's about a zero chance that one could get TO the private property that's w/in 1000' of a school w/o being on non-private property w/in 1000' of a school...

Roscoe

SouthernBoy · Apr 13, 2013

roscoe13 said:
So what. There's about a zero chance that one could get TO the private property that's w/in 1000' of a school w/o being on non-private property w/in 1000' of a school...

Roscoe

I have a question about this and I believe it has been raised before.

Since the GFSZA is a federal statute doesn't that mean that some agent(s) the federal government would have to witness someone carrying within 1000' of school grounds in order to effect an arrest? In other words, are Virginia police expected or required to carry out a federal law such as this? It certainly appears that they purposely avoid doing anything like this since as you implied, you'd be hard pressed in our suburban areas to NOT be within 1000' of school grounds pretty much wherever you go. We just don't seem huge numbers of folks being carted of to jail for violating this law here.

TFred · Apr 13, 2013

SouthernBoy said:
I have a question about this and I believe it has been raised before.

Since the GFSZA is a federal statute doesn't that mean that some agent(s) the federal government would have to witness someone carrying within 1000' of school grounds in order to effect an arrest? In other words, are Virginia police expected or required to carry out a federal law such as this? It certainly appears that they purposely avoid doing anything like this since as you implied, you'd be hard pressed in our suburban areas to NOT be within 1000' of school grounds pretty much wherever you go. We just don't seem huge numbers of folks being carted of to jail for violating this law here.

Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

TFred

peter nap · Apr 13, 2013

TFred said:
Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

TFred

Exactly!

Numenor · Apr 13, 2013

peter nap said:
Damn poor reason to sell your soul!

Bah! I sold my soul so I could pretend to be better than you simpletons who don't have one. :banana::banana:

SouthernBoy · Apr 13, 2013

TFred said:
Of course not. That's why this is a horrible law. It criminalizes everybody, which leaves it to the discretion of the government who they want to put in jail. Laws should never do this. Laws should leave it to the discretion of the CITIZEN to choose whether they want to go to jail... by making the choice to obey or disobey the law. This is one of the most heinous, anti-American laws ever written. They might as well make it a felony to consume oxygen.

TFred

Well you're not far off with this. Recently a representative, I believe from California (where else), proposed a bill to tax people for emitting carbon dioxide. Yep, a CO2 tax for breathing.

peter nap · Apr 13, 2013

Numenor said:
Bah! I sold my soul so I could pretend to be better than you simpletons who don't have one. :banana::banana:

You could. You're Bona fide now!

TFred · Apr 13, 2013

peter nap said:
You could. You're Bona fide now!

:lol: LOVE that movie!!! Oh, the never-ending supply of sound bites! If only Clooney wasn't such a tool in real life.

TFred

bbMurphy · Apr 13, 2013

Sell my soul?

peter nap said:
Damn poor reason to sell your soul!

Not necessarily. I OC 100% of the time but I also have my CHP because my BUG is concealed.

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