imported post
ilbob wrote:
longwatch wrote:
No problem, not to mention that a PA non resident permit is about one the easiest and quickest to get and costs only $20. Also, having a in state permit immunizes you from the Gun Free School Zone Act, just in case they powers that be are desperate to charge you with something.
I think it only immunizes residents who have a permit from that sate. I think non-residents and out of state permits don't qualify. I might be wrong on this though.
The text of the permit holder exemption to federal Gun Free School Zone Act does not discriminate against persons based upon their "residency," if any, in any state.
18USC922(q)(2) provides that "(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; . . ."
I have heard that the BATFE takes the position that the license must be from the state in which the school sits. But it sure seems that reasonable statutory construction would allow the inclusion of other states permits if the state in which the school sits considerd that license to be be valid in that state - essentially, by operation of state law, the other state's permit holder is licensed by that state.
Now the federal GFSZ Act was struck down in
Lopez as exceeding the Congress' commerce power - the new version added some findings and recittals - as far as I know, GFSZ Act has not been litigated again, perhaps b/c the BATFE does nto rely on it except in plea bargains?