gun free school zone act [Archive] - M4Carbine.net Forums

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kal

01-13-11, 08:15

I've been reading up on this federal law and can't believe how insane it is.

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

http://gunowners.org/fs9611.htm

from 2005
http://www.azod.com/2005-Archive/October/Shooting-Gun-Free%20School%20Zones%20Remain%20Intact.htm

http://www.gunlaws.com/images/GFSZ%20Cleveland.jpg
http://www.gunlaws.com/images/GFSZ%20Maricopa%20County.jpg

how could this have happened?

This makes all forms of unlicensed carry felonies with loss of 2ndA rights.

Apparently you can't even defend your self either with a firearm on "school grounds" without getting a felony and loss of rights, etc.

And it seems to be all because of this piece of the law...

Definitions

Title 18 U.S.C. §921(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. (26) The term “school” means a school which provides elementary or secondary education, as determined under State law

How is it 2011 and this is still an active law? This basically makes living within 300 yards of a school zone, and being a firearms owner, extremely dangerous, because you may be comitting felonies left and right.:confused:

FromMyColdDeadHand

01-13-11, 08:42

Pretty sure the 1000ft thing got struck down. I know as a CO CCW, you can even have a gun in the car on school grounds, as long as it stays in the car.

Palmguy

01-13-11, 09:12

No, it has not been struck down and is currently on the books.

I've been reading up on this federal law and can't believe how insane it is.

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990

http://gunowners.org/fs9611.htm

from 2005
http://www.azod.com/2005-Archive/October/Shooting-Gun-Free%20School%20Zones%20Remain%20Intact.htm

http://www.gunlaws.com/images/GFSZ%20Cleveland.jpg
http://www.gunlaws.com/images/GFSZ%20Maricopa%20County.jpg

how could this have happened?

This makes all forms of unlicensed carry felonies with loss of 2ndA rights.

Apparently you can't even defend your self either with a firearm on "school grounds" without getting a felony and loss of rights, etc.

And it seems to be all because of this piece of the law...

How is it 2011 and this is still an active law? This basically makes living within 300 yards of a school zone, and being a firearms owner, extremely dangerous, because you may be comitting felonies left and right.:confused:

That's how I read it. If you don't have a state-issued license compliant as described by 18 USC 922 (Florida's CWFL is, not sure about other states), and you live in a "school zone" which is a circle with a diameter roughly 0.4 miles, you are legal if the gun is in your house but put it in the car loaded on the way to the range and you are committing a federal felony (when such action is legal under state law in the case of Florida).

Exceptions:

(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.

rjacobs

01-13-11, 09:13

kal

01-13-11, 09:22

on private property not part of school grounds

So what if you live in a state like vermont where there is no license needed to carry concealed, and you live within 300yards of a school, and you tuck your pistol, get in your car, and drive into the public road?

FELON.

Palmguy

01-13-11, 09:57

So what if you live in a state like vermont where there is no license needed to carry concealed, and you live within 300yards of a school, and you tuck your pistol, get in your car, and drive into the public road?

FELON.

Exactly.

R/Tdrvr

01-13-11, 13:17

Question is, how many LEOs even know EVERY firearms law for their state, not to mention Federal laws?

Case in point, I was stopped by a local PD officer here in South Carolina, and informed him I had a Florida CCW permit and was carrying. He tried to tell me it wasn't valid and I informed him that SC has had a reciprocity with FL for about a year or so. He said he would check the web site for the South Carolina Law Enforcement Division. Sure enough, its on their website.

Bubba FAL

01-14-11, 21:25

The 1000 ft thing in MO is also not an issue if you have a CCW or your residence is within 1000 ft of the school. You can also be on school property in your vehicle picking up your kids with your weapon on you, just cant get out(as far as I understand it).

Your state law MAY preempt the federal law in this regard.

I sincerely hope this is true for MO. I might know "someone" that lives within this distance of both a church and elementary school and has more than a few firearms at said residence...

IIRC, the original law was struck down by the Supremes, only to have it mostly reinstated through a back-door attachment to a spending bill by certain congress-critters.