Ok.... here goes please be patient with my post
Guess this goes to my original shock about finding out how the GFSZ affect my travel plans. It was suggested I reference - United States Code “USC” cite
Title 18 U.S.C Section 922(q)
(2)(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
firearm -
(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 is -
(I)
not loaded; and
(II)
in a locked container, or a locked firearms rack that is
on a motor vehicle;
Its been suggested that: ( I’m paraphrasing to hit key words)
922(q)(2)(A) makes it unlawful to possess a firearm in a school zone.
922(2)(B) says
(A) doesn’t apply to possession of a fire arm if
(ii) individual possessing a firearm
license by the state in which the
school zone is located.
OK so far I’m onboard USC is the law of the land. So far it appears clear to me. I have a Mississippi CCW, so I need not worry about lawful carry of my weapon while driving around home state. No need to plot out all the school zones.
Question is if I travel to Washington State. Using NavyLT’s links from an earlier post.
I first use Pack–N-Go
http://apps.carryconcealed.net/packngo/results.php?ps=24&nrp=N&nrps=&states=mississippi,washington,
1. Mississippi (Your Starting State)
2. Washington (Your Ending State)
This State DOES Honor Your CCW Permit.
Reciprocity Info:
http://www.atg.wa.gov/page.aspx?id=7772
RCW 9.41.280
Possessing dangerous weapons
on school facilities — Penalty — Exceptions.
(1) It is unlawful for a person to carry
onto, or to possess
on, public or private elementary or secondary
school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm;
(2) Any such person violating subsection (1) of this section is
guilty of a gross misdemeanor. If any person is convicted of a violation of subsection (1)(a) of this section, the person
shall have his or her concealed pistol license, if any revoked for a period of three years. Anyone convicted under this subsection is prohibited from applying for a concealed pistol license for a period of three years. The
court shall send notice of the revocation to the department of licensing, and the city, town, or county which issued the license.
(3)
Subsection (1) of this section
does not apply to:
(e) Any person in possession of a pistol who has been
issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or
dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
I now have the above trip info, I have a Valid CCW, the destination state accepts my CCW.
Now my Questions: Since I travel with my weapon, Condition 3,
Concealed Carry –
NOT locked up……..
1) Do I have to plot out all the school zones, while in Washington State?
2) Worst case scenario - if I was in a vehicle accident
in a school zone but not on school property. The Washington police became aware of my weapon & my valid CCW. Let’s say for this discussion they wanted to press the USC 1000 foot school zone rule for whatever reason.
From my research I would be in trouble, RIGHT? (my CCW was issued in MS. I can’t use USC 922(2)(B) so they charge me under US Code
But
not under RCW 9.41.280(1) since I'm not on the school property and Washington State RCW doesn't have 1000 foot rule.
Washington state’s Exception - RCW 9.41.280(3)(e) & (f) doesn't come into play either.
Thoughts comments? I think I quoted everything properly but it gets confusing after awhile. I hope this makes sense.
Hey NavyLT, what are you going to do when you put on LCDR? NavyLCDR???????