School Zones

[ohio pat]

I have retyped but listed the reference number, please excuse the caps if thy offend you.

http://www.atf.gov/publications/down...f-p-5310-1.pdf
FROM atf-p-5310-1

HOWEVER IN THE FOLLOWING SITUATIONS THE INDIVIDUAL WOULD NOT BE IN POSSESSION OF A FIREARM IN VIOLATION OF 922(Q)(A)
THE INDIVIDUAL IS LICENSED BY THE STATE OR POLITICAL SUBDIVISION TO POSSESS A FIREARM, AND THE LICENSE WAS ISSUED AFTER LAW ENFORCEMENT OFFICIALS VERIFIED THAT THE INDIVIDUAL IS QUALIFIED TO RECEIVE THE LICENSE.

Where is the conflict between federal and state law, the federal law is giving the state the opportunity to issue the ccw permit and stating that the permit holder is not in violation of federal law.

I will grant everyone a problem. The problem might be if you have a ccw permit from your home state and you are in a school zone of another state and somehow get stopped and you have a firearm in your possession.

It is going to be officer discretion to try to take any action against the permit holder especially if the state you are visiting in has reciprocity with your home state.

(Should be take our NRA Stickers off of our cars so we cannot be profiled?)

If you are in your home state with your permit in a home state school zone I do not see a problem, but again I have my ccw insurance just in case.

Again I am not a lawyer

Pat Olvey
email swohioccw218@yahoo.com
Cincinnati, Ohio
Hamilton County

[NavyLCDR]

^^^^^ Correct. I thought that is what we were all saying...

[Derby]

You have to remember, due to the supremacy clause in the Constitution, a state statute cannot cause something to be legal which is illegal at the Federal level.

That is true. Here is, in part, the Supremacy Clause as stated in the second paragraph of Article VI of the US Constitution.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; . . . shall be the supreme Law of the Land . . .” (Italics added)

This means the federal law must be Constitutional before the Supremacy Clause would apply. The second amendment tells me that all federal firearms laws are not 'in Pursuance thereof' so state laws may trump them.

[Hardcorp]

While I agree with their thinking, Fed GFSZA still says that that does not apply to someone from out of state who doesn't have a Mich CCW permit.

You are correct that only applies to those with CCW permits.

[NavyLCDR]

You are correct that only applies to those with CCW permits.

...from the same state the school zone is located in.

[santa]

...from the same state the school zone is located in.

So if you have a non-resident permit from the same state the school zone is located in you are not breaking the law.

[astute]

I would like to know when any of the "Gun Rights" groups (N.R.A., G.O.A., JPFO, or any others are going to lobby to have this insane technically amended. Personally, I'd like to see it abolished, but I think there's a "FAT CHANCE" of that happening.

[NavyLCDR]

So if you have a non-resident permit from the same state the school zone is located in you are not breaking the law.

Correct

[S&W645]

Correct

Yep!