IanB
Regular Member
imported post
Need some help here. I am confused about the US code which regulates firearms within 1000 feet of school zones. The code is Title 18 Part 1 Chapter 44 §922 (2)(A).
I take a walk around my neighborhood every day. Sometimes I OC, sometimes I CC. There are two schools within 1000 feet of my route. See pic below for a better idea. My walking route is yellow, and the two schools are outlined in red and green.
Here is a Link to the US code I am concerned about: http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
An exemption to the code in question is copied below. It states
"(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;"
By my reasoning, my Virginia CHP is a firearms license and I should be exempt from this code. Also by my reasoning, if you walk my route and open carry but do not have a CHP you would be in violation of the US code and find yourself in jail! I know Virginia has a code which states CHP holders may have a firearm in the parking lot of school property as long as the firearm remains concealed and they don't leave the vehicle. I am not in a vehicle, and within 1000 feet of two schools. This is why I am concerned.
My question (if anyone can answer it) is this:
Am I breaking the law if I walk that route while open carrying?
Am I breaking the law if I walk that route while concealed?
Sorry if I didn't explain this question fully, if something is unclear let me know.
The whole US code section is below.
(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;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
Need some help here. I am confused about the US code which regulates firearms within 1000 feet of school zones. The code is Title 18 Part 1 Chapter 44 §922 (2)(A).
I take a walk around my neighborhood every day. Sometimes I OC, sometimes I CC. There are two schools within 1000 feet of my route. See pic below for a better idea. My walking route is yellow, and the two schools are outlined in red and green.
Here is a Link to the US code I am concerned about: http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
An exemption to the code in question is copied below. It states
"(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;"
By my reasoning, my Virginia CHP is a firearms license and I should be exempt from this code. Also by my reasoning, if you walk my route and open carry but do not have a CHP you would be in violation of the US code and find yourself in jail! I know Virginia has a code which states CHP holders may have a firearm in the parking lot of school property as long as the firearm remains concealed and they don't leave the vehicle. I am not in a vehicle, and within 1000 feet of two schools. This is why I am concerned.
My question (if anyone can answer it) is this:
Am I breaking the law if I walk that route while open carrying?
Am I breaking the law if I walk that route while concealed?
Sorry if I didn't explain this question fully, if something is unclear let me know.
The whole US code section is below.
(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;
(iv) by an individual for use in a program approved by a school
in the school zone;
(v) by an individual in accordance with a contract entered into
between a school in the school zone and the individual or an
employer of the individual;
(vi) by a law enforcement officer acting in his or her official
capacity; or
(vii) that is unloaded and is possessed by an individual while
traversing school premises for the purpose of gaining access to
public or private lands open to hunting, if the entry on school
premises is authorized by school authorities.
