School Zones

[ohio pat]

I found this while researching the carrying of concealed handguns within 1000 feet of a school.

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

On page 2 section 1, words to the effect that a licensed ccw permit holder may carry his/her concealed handgun. One stipulation is that the state did a backgound check on the permit holder.

Am I reading this correcty that this is the exception to the law of no firearms in a school gun free zone (1000 ft from the school)?

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

[mrjam2jab]

A person with a carry permit FROM THE STATE THE SCHOOL IS IN is exempt from the federal school zone.

If you travel to IN on your OH LCH you are no longer exempted.

(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;

[NavyLCDR]

A person with a carry permit FROM THE STATE THE SCHOOL IS IN is exempt from the federal school zone.

If you travel to IN on your OH LCH you are no longer exempted.

Yep.

And, here's your Ohio school zone law:

http://codes.ohio.gov/orc/2923.122

Washington law is even better...in WA a CPL holder can walk right up to the door of the school building, openly or concealed carrying a firearm, when picking up or dropping off a student. Only the inside of the school building is off limits in that situation in Washington.

Also, here's an ATF letter explaining that out of state permits do NOT exempt one from the Federal school zone law, regardless of reciprocity:
http://www.handgunlaw.us/documents/batf_school_zone.pdf

[santa]

The federal law is probably the best reason to get a non-resident permit(if available) in states that you frequently visit. For example if you live in Washington state and travel to Idaho it would pay to get Idahos' non-resident permit even though Idaho recognizes the Washington permit because you would be safe from the federal law(in Idaho) because youd have a permit from the state in which the school was located. This is NOT reciprocity. It wasnt until recently that I heard that the feds were charging people with violating the Federal school zone law. The key phrase is "licensed to do so by the state in which the school zone is located".

[gnat]

Yep.

And, here's your Ohio school zone law:

Lawriter - ORC - 2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.

Washington law is even better...in WA a CPL holder can walk right up to the door of the school building, openly or concealed carrying a firearm, when picking up or dropping off a student. Only the inside of the school building is off limits in that situation in Washington.

Also, here's an ATF letter explaining that out of state permits do NOT exempt one from the Federal school zone law, regardless of reciprocity:
http://www.handgunlaw.us/documents/batf_school_zone.pdf

Yep, and Oregon is even better, with an OR CHL you can walk right in and watch a Basketball game or talk to your kids teacher.

[ohio pat]

I went to the url Lawriter - ORC - 2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.

Why doesn't section (b) authorize the carrying of concealed handguns within 1000 ft of a school?? We are driving past the school on a highway. We are not even on the school grounds dropping or picking up our children.

Section B specifically states “The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state.

Please tell me what am I missing?????

Here is a quote from Lawriter - ORC - 2923.122 Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone.


(3) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if, at the time of that conveyance, attempted conveyance, or possession of the handgun, all of the following apply:

(a) The person does not enter into a school building or onto school premises and is not at a school activity.

(b)The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.[/U]

(c) The person is in the school safety zone in accordance with 18 U.S.C. 922(q)(2)(B).[/B]

(d) The person is not knowingly in a place described in division (B)(1) or (B)(3) to (10) of section 2923.126 of the Revised Code.

(4) This section does not apply to a person who conveys or attempts to convey a handgun into, or possesses a handgun in, a school safety zone if at the time of that conveyance, attempted conveyance, or possession of the handgun all of the following apply:

(a) The person is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code.

(b) The person is the driver or passenger in a motor vehicle and is in the school safety zone while immediately in the process of picking up or dropping off a child.

(c) The person is not in violation of section 2923.16 of the Revised Code.

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

[ohio pat]

If my quotation of the Ohio Law regarding a valid ccw holder from Ohio or one of the states that Ohio has reciprocity with is incorrect, I like the idea of having a non-res permit from states that you visit.

But, I am not a lawyer, I only have my opinion of the law, that is why I carry CCW insurance. My carrier, Hylant Insurance Co, will cover up to $15,000 for attorney fees for civil or criminal cases.

Personally besides Ohio I have Florida and Utah.

Also, I have never heard of BATF involved in school zone violations, I can see it in extreme cases such as an active shooter in the school.

Maybe it might be appropriate to say, "Don't do anything wrong and they will not know you were there and concealed means no one can see it."

Keep the faith,

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

[Hardcorp]

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises:

Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian

MSP - Pistol Free Areas

[S&W645]

Individuals licensed to carry a concealed pistol by Michigan or another state are prohibited from carrying a concealed pistol on the following premises:

Schools or school property but may carry while in a vehicle on school property while dropping off or picking up if a parent or legal guardian

MSP - Pistol Free Areas

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.

[NavyLCDR]

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.