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Pulled over in a school zone...

Castleninja

Regular Member
Joined
Mar 6, 2014
Messages
44
Location
Nevada
So I was wondering what your opinions were if you were driving while carrying and happen to be pulled over in a school zone. You can't carry within 1000 feet of a school so does driving and passing by violate federal law? I am wondering because to get into town fromy house I have to pass a school and during school hours it is littered with cops.
 

Baked on Grease

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Joined
Jul 4, 2011
Messages
629
Location
Sterling, Va.
Check the GFSZ law again. I do believe it states an exception in it.

Exsctly so. Anyone who drives through that imaginary 1000 foot line is a felon according to that law if they dont have a state permit. There is no exemption for driving through let alone stopping... even stopping under orders and threat of force by an officer.

You could try a defense of entrapment or some such though if pulled over in the 1000 foot zone. .. just don't pull onto the actual property...

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MAC702

Campaign Veteran
Joined
Jul 31, 2011
Messages
6,331
Location
Nevada
So I was wondering what your opinions were if you were driving while carrying and happen to be pulled over in a school zone. You can't carry within 1000 feet of a school so does driving and passing by violate federal law? I am wondering because to get into town from my house I have to pass a school and during school hours it is littered with cops.

You are in Nevada. We are one of the free states that has never even thought of having this known unconstitutional law enforced. Even a federal agent wouldn't give it a second thought; neither should you. You could walk down the sidewalk past those cops, and they wouldn't care, as it should be.
 

Midwest

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Aug 21, 2011
Messages
305
Location
Boone County, KY
The GFSZ needs to be repealed. In general only people who have carry permits from the state that the school is located in is exempt from the law.

So, for instance if someone has a carry permit from Ohio and they pass within 1000 feet from a school in Kentucky. They are not exempt and could be theoretically prosecuted, although I have not heard of anyone being prosecuted under this law. It is a Federal Laws, not a state one. Although...states might have their own laws as well.
 

7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
See always been confused by number two, my state does not require a license to own a firearm. Would that exempt me, and where does it state the license has to be a concealed carry?

The cops here don't enforce it, I walk to the school to pick up my caught during the warmer months and stand in the sidewalk, have yet to have children flee in terror at the sight of a short slightly chubby man with a gun. Lol.

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color of law

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Oct 7, 2007
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5,936
Location
Cincinnati, Ohio, USA
See always been confused by number two, my state does not require a license to own a firearm. Would that exempt me, and where does it state the license has to be a concealed carry?

The cops here don't enforce it, I walk to the school to pick up my caught during the warmer months and stand in the sidewalk, have yet to have children flee in terror at the sight of a short slightly chubby man with a gun. Lol.
No, you are not confused. The law is very clear.

(q)(2)(B)(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;
Does your state license you to possess a firearm???? I bet not.

The law does not say to carry a firearm.
 

7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
Sorry for mentioning the police, back to my first comment though. Since my state does not require a license to possess a firearm would that make e exempt from said law.

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color of law

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Cincinnati, Ohio, USA
I ANAL but I'll bet that I read like one. "Subparagraph (A) does not apply to the possession of a firearm ... if the individual possessing the firearm is licensed to do so by the State." This reads quite plainly to me.

But look to your state law, that is what may be enforced.
????????
Again, what is so hard to understand? Does your state license you to possess a firearm? The answer is either yes or no, period.
So, you agree with me.
Licensed to possess. Not a license to carry.

What states license persons to possess firearms? I don't know of any.
 

7om5hipp

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Aug 12, 2013
Messages
144
Location
Centralia, MO
Was getting off topic so I removed my post. Not looking to start an argument or issue, hope I did not offend anyone.
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Last edited:

OC for ME

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Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a)(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: ...

http://www.ilga.gov/legislation/ilc...ctName=Firearm+Owners+Identification+Card+Act.
ILL-inois.
 

color of law

Accomplished Advocate
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Oct 7, 2007
Messages
5,936
Location
Cincinnati, Ohio, USA
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required; exceptions.
(a)(1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act.
(b) The provisions of this Section regarding the possession of firearms, firearm ammunition, stun guns, and tasers do not apply to: ...

http://www.ilga.gov/legislation/ilcs...n+Card+Act.

ILL-inois.
Of all states.
 

color of law

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Was getting off topic so I removed my post. Not looking to start an argument or issue, hope I did not offend anyone.
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You were not starting an argument.

Sometimes we let the forest get in the way of the trees.

I've even seen attorneys that try to argue that the plain reading of the statute means license to carry.
 

7om5hipp

Regular Member
Joined
Aug 12, 2013
Messages
144
Location
Centralia, MO
And that is where my confusion is, Missouri does not require any license to own, carry, or buy a firearm. I don't even have to register my firearms with the state. So I am always confused by the idiotic gfsz law.

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color of law

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Oct 7, 2007
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Cincinnati, Ohio, USA
And that is where my confusion is, Missouri does not require any license to own, carry, or buy a firearm. I don't even have to register my firearms with the state. So I am always confused by the idiotic gfsz law.
Well, your first mistake is thinking laws have to be logical.

Look, the law was written specifically to ensure that most people could not carry a loaded gun within a 1,000 feet of a school. They new that only a couple of states meet the criteria the law mandated.
 
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