Concealed Carry Reciprocity is CURRENTLY banned under Federal Law. (Important)

[Eagle2009]

Concealed Carry Reciprocity, and all unlicensed carry of any kind is effectively banned under current federal law. I am not joking, nor am I mistaken, so please take the time to read my post, and please E-mail your Congressional representatives with the letter I have prepared for your convenience, and included at the very bottom of this post. This will only take a few minutes of your time.


The federal law I am referring to, is Title 18 U.S.C Part 1 Chapter 44 Section 922(q) known as the Federal Gun Free School Zones Act of 1995. This federal law, which is currently on the books, effectively bans all concealed carry reciprocity agreements between States, by making it illegal for any person to have a functional firearm within 1000 Feet of the property line of any Elementary or High School in our country, with very few exceptions.

The original version of this law, passed in 1990, was struck down by the US Supreme Court in "United States v Lopez (1995)," because Congress had not claimed a connection to "interstate commerce," however the second version, the one which is currently on the books, was upheld as recently as 2005 by the United States Court of Appeals for the Ninth Circuit in the case United States v Dorsey




One exception to this law, is if the firearm is unloaded and in a locked container.

A second exception is having the firearm "on private property not part of school grounds." Remember, the roads/highways/sidewalks are not private property, so this exception does not apply while driving on public streets.

A third exception, is if the person possessing the firearm has a concealed carry permit issued by the State in which the school zone is located. This means that as the law is written, and as it has been interpreted by BATFE, if a person with a concealed carry permit is in any State other than the State that physically issued their permit, and they drive within 1000 feet of any K-12 school (which is impossible to avoid) with an unlocked gun, they are committing a federal crime. Violation of this law is punishable by up to five (5) years in federal prison and a conviction will bar a person from owning firearms for life


There was even a case in 2000 (United States v Tait) where an Alabama concealed carry permit holder was prosecuted under this federal law, for carrying a firearm in Alabama. The prosecution claimed that Mr. Tait's Alabama permit did not exempt him from the Federal Gun Free School Zones Act, even in Alabama.

In another case, United States v Nieves-Castaño, a woman was actually convicted under the Federal Gun Free School Zones Act for having a firearm in her home! Her home (a third floor apartment) just happened to be within 1000 feet of a school and it happened to be public property (a housing project). She was not a student, and her conduct had absolutely nothing to do with the school. This conviction was upheld by the Federal Appeals Court for the First Circuit in 2007.


Ironically, law enforcement officers carrying a handgun under LEOSA are not exempt from the GFSZA, unless they are acting in their official capacity. This means that a law enforcement officer, carrying under LEOSA while on vacation with their family, can not drive within 1000 feet of a school without risking five years in federal prison.



Also note, there is no exception in the law for the discharge of a firearm by anyone other than a law enforcement officer acting in their official capacity on public property while in a school zone (within 1000 feet of the property line of any K-12 school), under any circumstance. This could conceivably be an issue if you're the victim of a violent crime while on public property such as roads, sidewalks, fair grounds, city parks, etc.





Many people think this law has never been enforced. Unfortunately this is not the case. This revised law has indeed been enforced, against several people, below are a few examples:


United States v Danks (1999) USA v. Jordan Danks - AltLaw

United States v Tait (2000) (Attempted prosecution of an Alabama permit holder) http://www.altlaw.org/v1/cases/173340

United States v Haywood (2003) UNITED STATES of America v. Ira HAYWOOD, Appellant. - AltLaw

United States v Dorsey (2005) (Upheld the revised law as constitutional) UNITED STATES of America, Plaintiff-Appellee, v. Nikos Delano DORSEY, Defendant-Appellant. - AltLaw

United States v Smith (2005) USA v. Smith - AltLaw

United States v Nieves-Castaño (2007) UNITED STATES of America, Appellee, v. Belen NIEVES-CASTAÑO, Defendant, Appellant. - AltLaw

United States v Weekes (2007) UNITED STATES OF AMERICA v. PHINEHAS WEEKES - AltLaw

United States v Benally (2007) United States vs. Benally - AltLaw

United States v Cruz-Rodriguez (2008) Untitled #1668141 - AltLaw












Title 18 Part 1 Chapter 44 Section 922 (unlawful acts)
United States Code - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE - PART I - CRIMES - CHAPTER 44 - FIREARMS - section 922

Title 18 Part 1 Chapter 44 section 921 (Definitions)
United States Code - TITLE 18 - CRIMES AND CRIMINAL PROCEDURE - PART I - CRIMES - CHAPTER 44 - FIREARMS - section 921


BATFE Opinion (2002) on Reciprocity: http://www.handgunlaw.us/documents/batf_school_zone.pdf



Homeschoolers Attempt to File Suit: HSLDA & the Gun Free School Zones Act - A to Z Home's Cool Homeschooling

Gun Free Zones Plotted on City Maps: Gun Free School Zones Directory
























Title 18 U.S.C. §922(q)
(1) The Congress finds and declares that—
(A) crime, particularly crime involving drugs and guns, is a pervasive, nationwide problem;
(B) crime at the local level is exacerbated by the interstate movement of drugs, guns, and criminal gangs;
(C) firearms and ammunition move easily in interstate commerce and have been found in increasing numbers in and around schools, as documented in numerous hearings in both the Committee on the Judiciary [3] the House of Representatives and the Committee on the Judiciary of the Senate;
(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;
(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;
(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;
(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;
(H) States, localities, and school systems find it almost impossible to handle gun-related crime by themselves—even States, localities, and school systems that have made strong efforts to prevent, detect, and punish gun-related crime find their efforts unavailing due in part to the failure or inability of other States or localities to take strong measures; and
(I) the Congress has the power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation’s schools by enactment of this subsection.
(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.
(3)
(A) Except as provided in subparagraph (B), it shall be unlawful for any person, knowingly or with reckless disregard for the safety of another, to discharge or attempt to discharge a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the person knows is a school zone.
(B) Subparagraph (A) does not apply to the discharge of a firearm—
(i) on private property not part of school grounds;
(ii) as part of a program approved by a school in the school zone, by an individual who is participating in the program;
(iii) by an individual in accordance with a contract entered into between a school in a school zone and the individual or an employer of the individual; or
(iv) by a law enforcement officer acting in his or her official capacity.
(4) Nothing in this subsection shall be construed as preempting or preventing a State or local government from enacting a statute establishing gun free school zones as provided in this subsection.


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.





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Eagle2009's Disclaimer: I am not an attorney. I have never represented myself as such. Please do not even consider taking my comments or interpretations of the law as fact or legal advice. The law is a very serious matter.
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Sample Letter: Remove "Oklahoma" and insert your State. Also, either check how many States have reciprocity with your State, and edit the letter to reflect that, or just remove that part to ensure the accuracy of the letter.
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I wish to express my concerns over Title 18 U.S.C Part 1 Chapter 44 Section 922(q) known as the "Federal Gun Free School Zones Act of 1995." This federal law, passed by Congress, and signed by President Clinton, effectively bans all concealed carry reciprocity agreements between States. It does this by making it generally illegal for any person to knowingly possess a functional firearm, while driving on a public street or highway that passes within one thousand (1000) Feet of the property line of any elementary, or high school, in our nation.

The original version of this law, passed in 1990, was struck down by the US Supreme Court in "United States v Lopez," because it lacked a connection to "interstate commerce." Unfortunately, the second version, the one which is currently in effect, has been upheld by several Federal Appellate Courts. One such ruling, in "United States v Dorsey" occurred in 2005.

Also make note of "United States v Nieves-Castaño" a case in which a woman was actually convicted under the Federal Gun Free School Zones Act for having a firearm in her home. Her home (a third floor apartment) just happened to be within 1000 feet of a school, and it just happened to be public property (a housing project). She was not a student, and her conduct had absolutely nothing to do with the school. This conviction was upheld by the Federal Appeals Court for the First Circuit in 2007.

There are only a few, very limited exceptions to this law. One of these exceptions, is if the person has a concealed carry permit physically issued by the State in which the school zone is in. According to the Federal Bureau of Alcohol Tobacco and Firearms, this exception does not allow for reciprocity between States. Official ATF letter linked to below. This means that as the law is currently written, if an Oklahoma permit holder travels to any of the thirty one (31) States that honor their permit by legal agreement, they commit a federal crime as soon as they drive within eye sight of a school. Even the most cautious and well meaning permit holder would never be able to completely avoid doing this.

In "United States v Tait" (2000) an Alabama concealed carry permit holder was prosecuted under GFSZA, for carrying a firearm in Alabama. The US Attorney claimed that Mr. Tait's Alabama permit did not exempt him from the Federal Gun Free School Zones Act, even while he was in Alabama.



A conviction for violating the Gun Free School Zones Act is punishable by up to five (5) years in federal prison, and a conviction will bar a person from owning firearms for the rest of their life.





Here is a link to an official letter from BATF stating that the current law does not allow for concealed carry reciprocity agreements between States.

www.handgunlaw.us/documents/batf_school_zone.pdf



This law is very easy to fix. By far, the best solution is to add an exception for "any firearm lawfully possessed, carried, or transported under State law."

[Sheldon]

Sorry but that law is rendered invalid by the 10th....

[Eagle2009]

It should be, but so should many other federal laws. Read the United States v Dorsey case. The federal appeals court upheld the conviction against constitutional challenges. People are getting convicted of this.

[ronwill]

That's a heck of a first post and you may wish to study it a little closer. The ban deals primarily with students carrying weapons and not persons who are not students passing through the zone. Here's some reading on it:

About the Gun-Free Schools Act of 1994

NRA-ILA :: School Safety

http://www.dpi.state.nd.us/speced/guide/policy/guns.pdf

While there is an attempt to include all persons in the act, it should be noted that most states already ban students from carrying weapons to school. Some University's and Colleges are slowly changing that law though.

[Eagle2009]

Ronwill, the statute does not mention "students" anywhere in it. In the United States v Nieves-Castaño case, a woman was actually convicted under the Federal Gun Free School Zones Act for having a firearm in her home! Her home (a third floor apartment) just happened to be within 1000 feet of a school, and it just happened to be public property (a housing project). She was not a student, and her conduct had absolutely nothing to do with the school. This conviction was upheld by the Federal Appeals Court for the First Circuit in 2007.


Here are two quotes from the appeals court decision:

Originally Posted by United States v Nieves-Castaño Appeals Court

Nieves-Castaño lived in a third-floor apartment in Building 9 of the Nemesio R. Canales Housing Project in Puerto Rico. She shared the apartment with her mother, her mother's school-age child, and her own two minor sons.

Originally Posted by United States v Nieves-Castaño Appeals Court

In the end, the defendant's argument devolves into a claim that the government's evidence was insufficient to show that the defendant possessed a firearm within 1000 feet of a school's grounds. That claim fails. As Soler held, "[p]recise measurements may be unnecessary in some cases where the spatial leeway is relatively great and the gap in the claim of proof is relatively small." 275 F.3d at 154. Here, three minor children lived with the defendant, and it would be easy for a jury to conclude that she knew there were two schools nearby, within or just outside her housing project and less than 1000 feet away, and that she regularly passed by those schools. One school was, in fact, located next to the south entrance of the housing project. The prosecution's evidence was that the distance from the main fence of that school to the corner of Building 9 was 636 feet, and that the distance from the entrance of the school to that same corner was 670 feet. The record shows that the other school was even closer. The distance from the corner of Building 9 to that school's fence was 473 feet, and the distance to its entrance was 550 feet. The measurements were made using a small wheel-like device commonly used to measure forensic crime scenes.4 The government also introduced an aerial photograph showing the location of the schools and the defendant's apartment, which was entirely consistent with the measurements.
37

Whatever the fine points about measurement, there was leeway — before reaching the 1000 foot mark — of at least 330 feet between one of the schools and Building 9. This was more than sufficient to cover any refinements in the horizontal and vertical measurement needed to account for the distance between the corner of Building 9 and Nieves-Castaño's apartment. The conviction on Count Two is affirmed.

And yes, for anyone wondering, Puerto Rico falls under the same Federal Law that we do in the mainland... so don't be fooled into thinking this case is somehow "different" or "special" because of where it occurred.

[ronwill]

Originally Posted by Eagle2009

Ronwill, the statute does not mention "students" anywhere in it. In the United States v Nieves-Castaño case, a woman was actually convicted under the Federal Gun Free School Zones Act for having a firearm in her home! Her home (a third floor apartment) just happened to be within 1000 feet of a school, and it just happened to be public property (a housing project).

The difference here is "public housing" ran for or by the government. Similar things happened in California and were overturned because of the SCOTUS decision. You will find that no one has been prosecuted for transporting weapons through a school zone unless they were students. Does this mean the current administration won't try to abuse this law? They will in fact use every opportunity to advance their agenda of gun bans. This law will be extremely difficult to use for those purposes though. Here's some reading on more current public housing decisions:

NRA-ILA :: California: NRA Victory in San Francisco Lawsuit!

[Eagle2009]

In United States v Danks (1999) and United States v Smith (2005) both individuals were convicted under the 1000 foot rule. Smith was in his personal vehicle, on a public street (within 1000 feet of a school), when he committed the violation he was convicted of. The United States v Smith case is undeniable proof of an individual being convicted of this while in a personal vehicle on a public street.

Also, the case of San Francisco trying to ban guns in public housing projects has no relation to this law. This is a Federal Law. The San Fransisco case was filed in State court. People arrested under this law are brought into Federal Court. In the case you cited, San Fransisco voluntarily agreed to drop the ban. The California court did not order them to... in fact they never made a ruling either way. Even if the California court had made a ruling, it wouldn't matter... because this is a federal law.

[ronwill]

Originally Posted by Eagle2009

In United States v Danks and United States v Smith both individuals were convicted under the 1000 foot rule. Smith was in his personal car, on a public street (within 1000 feet of a school), when he committed the violation he was convicted of. The appeals court upheld it.

Once again this was long before the SCOTUS decision and, in Danks case, he fired the gun for a reason not explained in the reading. There has been much talk of the "Interstate Commerce" provision and I would like to see some very recent cases where arrests were made simply for having a firearm within 1000 feet of a school. Most states have amended their laws, including here in Georgia, to allow carry of a firearm by those with a permit while dropping off or picking up a student but not within school buildings. I guess we'll just have to see what happens.

[Eagle2009]

The United States v Smith case was in 2005. It doesn't matter what Georgia law says, or the law of any other State. Federal Law trumps State law under the supremacy clause every time. The United States v Cruz Rodrguez appellate case upheld a GFSZA conviction under the 1000 foot rule on September 8, 2008. That was seven months ago.

[ronwill]

Originally Posted by Eagle2009

The United States v Smith case was in 2005. It doesn't matter what Georgia law says, or the law of any other State. Federal Law trumps State law under the supremacy clause every time. The United States v Cruz Rodrguez appellate case upheld a GFSZA conviction under the 1000 foot rule on September 8, 2008. That was seven months ago.


Also, the case of San Francisco trying to ban guns in public housing projects has no relation to this law. This is a Federal Law.

I can see this discussion will end in a stand off but consider the following excerpt:

" The "gun free zones" law exempts CCW (Carry Concealed Weapon) holders who live in a state that requires a background check before the issuing of a permit. (This means that CCW holders that live in states like Alabama are not exempted under this provision because background checks are not mandated by state law.)

And the site:

GUN-FREE ZONES ACT: MYTH VS. REALITY