Gun Free School Zone Act - Page 2
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Thread: Gun Free School Zone Act

  1. Quote Originally Posted by The Realist View Post
    In the building no, In the parking lot yes.
    In the building NO. In the parking lot NO. Read the regulation:

    Electronic Code of Federal Regulations:

    232.1 Conduct on postal property.

    (a) Applicability. This section applies to all real property under the charge and control of the Postal Service, to all tenant agencies, and to all persons entering in or on such property.

    (l) Weapons and explosives . Notwithstanding the provisions of any other law, rule or regulation, no person while on postal property may carry firearms, other dangerous or deadly weapons, or explosives, either openly or concealed, or store the same on postal property, except for official purposes.
    Notice the regulation states ON POSTAL PROPERTY. It is not limited to inside the building. If the building is a real post office, and the parking lot is dedicated solely to that post office building, the parking lot is real property under the charge and control of the postal service, and as such the carrying of a firearm is illegal in the parking lot as well as the storage of a firearm in a vehicle in the parking lot.

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  3. #12
    Quote Originally Posted by Swinokur View Post
    I have attached a word document of the BATFE opinion because the pdf was too large to attach .. It is only an opinion and I don't know if anyone has been charged under this opinion, or if a court has ruled on it's legality. some of the cited case law seems to be from the old 2001 law. Be careful out there.

    They usually only add the violation when multiple charges are being brought against a suspect. Also remember that a local LEO cannot charge you because this is a Federal statute. Some legal scholars still doubt the constitutionality of this law which was passed in 1996 because the SCOTUS ruled the previous law from 1991 unconstitutional. The new law has not been challenged in court AFAIK.
    Where did you get the attached document? The reason I ask is that there are some spelling errors in the letter which makes me believe it may not be authentic.
    Last edited by ronwill; 09-27-2010 at 04:14 PM. Reason: Grammer

  4. His attached document is a transcript someone typed up of this Official BATFE letter stating that CCW reciprocity agreements are not recognized by Federal GFSZA 1995 and people carrying under reciprocity agreements are subject to Federal prosecution.

    http://www.handgunlaw.us/documents/batf_school_zone.pdf


    It is all explained in the main post:
    http://www.usacarry.com/forums/polit...important.html

  5. #14
    While I don't like writing places like the ATF (which now belongs to the Department Of Justice) I had to get it straight from the horses mouth. I posed the question of concealed carry, school zones and reciprocity (using Georgia and Florida as examples). Read the entire response but pay particular attention to what I placed in bold. I take this response to mean that along as you obey the state law the ATF won't get involved. Of course there will be some who will argue this to the death. I will continue to carry as I have.:


    Thank you for your inquiry to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Generally, it is unlawful for any individual to knowingly possess a firearm within a school zone. A school zone is defined as being within a distance of 1,000 feet from the grounds of a public, parochial, or private school. This prohibition does not apply to the possession of a firearm on private property not part of school grounds, such as an FFL's business premise (e.g., commercial storefront, residence, or driveway).

    Once a customer leaves private property located within 1,000 feet of a school with a firearm, they may be in violation of Federal law.
    However, in the following situations an individual would not be possessing a firearm in violation of 922(q)(A):
    1. The individual is licensed by the State or political subdivision
    to possess the firearm, and the license was issued after law enforcement officials verified that the individual is qualified to receive the license;
    2. The firearm is unloaded and is contained within a locked
    container or a locked firearms rack that is on a motor vehicle;
    3. The firearm is possessed by an individual for use in a
    school-approved program;
    4. The individual or his/her employer is doing so in accordance
    with a contract entered into between the individual and the school;
    5. The individual is a law enforcement officer acting in their
    official capacity; or
    6. The individual is crossing school grounds to reach a public or
    private way. Their firearm is unloaded, and they have permission from the school.

    ATF realizes that not all persons who enter or exit an FFL's premises in such case may fall under one of the above-described statutory exemptions. Therefore, ATF advises that in those States where a permit is not needed, the FFL should ensure that a purchaser's firearm is unloaded and placed in a locked container prior to leaving the business premise.

    In addition, You stated that you have a Georgia State License, ATF does not have any jurisdiction over the State of Georgia, Florida or any other state. You should forward all inquiries regarding State law to the Georgia and Florida. The State Attorney General's Offices can be contacted at the following:

    Office of the Attorney General
    40 Capitol Square
    Atlanta, Georgia 30334-1300
    (404) 656-3300

    And

    Office of the Attorney General
    The Capitol
    PL 01
    Tallahassee, Florida 32399-1050
    (850) 414-3990

    Additional guidance can be obtained by contacting your local ATF office, which can be found at ATF Online - Field Divisions, under Field Divisions.

    Thank you,
    ATF, Firearms Industry Programs Branch

  6. #15
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    Quote Originally Posted by ronwill View Post
    Where did you get the attached document? The reason I ask is that there are some spelling errors in the letter which makes me believe it may not be authentic.
    it is a pdf i had to copy. it is on the www.handgunlaw.us site

  7. #16
    Quote Originally Posted by Swinokur View Post
    it is a pdf i had to copy. it is on the Handgunlaw.us site
    Thanks. Have you read my last post showing the answer I just received from the ATF?

  8. #17
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    Quote Originally Posted by ronwill View Post
    Thanks. Have you read my last post showing the answer I just received from the ATF?
    that doesn't clarify Eagle's post at all. that takes us back to square one IMO

    I don't think ATF understands the question we are discussing

    its no. 1 we are discussing as to what constitutes license and the rest of the rule.

    The DOJ needs to issue the opinion not BATFE IMO. DOJ would issue a legal opinion. BATFE opinion came from a non lawyer who has no authority to issue this without the authority of The US DOJ WHO would prosecute this. IMO

  9. #18
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    Quote Originally Posted by ronwill View Post
    I take this response to mean that along as you obey the state law the ATF won't get involved. Of course there will be some who will argue this to the death.

    In addition, You stated that you have a Georgia State License, ATF does not have any jurisdiction over the State of Georgia, Florida or any other state. You should forward all inquiries regarding State law to the Georgia and Florida.
    Holy wordsmithing, Batman; I "take it" as "ATF does not have any jurisdiction over the State of Georgia, Florida or any other state". They just confirmed in writing that you will be breaking Federal law if you do not have a license from "the State or political subdivision". You can "take" whatever you want from their response, but it doesn't get much more clear. They NEVER say anything about you following state law exempting you from Federal law. This is how people end up in jail.

    The law needs to be updated/amended to include reciprocal state licenses. Alternatively, case law needs to be established to interpret "licensed by the State or political subdivision" to mean any state.

  10. #19
    Quote Originally Posted by Swinokur View Post
    that doesn't clarify Eagle's post at all. that takes us back to square one IMO

    I don't think ATF understands the question we are discussing

    its no. 1 we are discussing as to what constitutes license and the rest of the rule.
    Sorry, I disagree. I specifically posed the question of reciprocity and carry through a school zone using Georgia and Florida as examples. Their response was to contact the individual states concerning their laws. As I said, there will be those who will argue this to the death. I will continue to carry just as I have.

  11. #20
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    but it's their reg that we are confused by, not state law. anyway I declare this horse dead your policy works for me

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