Gun Free School Zone Act - Page 3
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Thread: Gun Free School Zone Act

  1. #21
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    Quote Originally Posted by ronwill View Post
    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.
    Same here. But seems clear to me that their referral to state law has absolutely nothing to do with your question of Federal law. Who know, unless you write them back and clarify. Would you be willing to do that?

    My understanding is that nobody had been convicted with a recip CWP. Hopefully if any of us ever goes to court we can simply say that "licensed" is a verb:

    LICENSE: freedom to deviate deliberately from normally applicable rules or practices (especially in behavior or speech).

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  3. #22
    Quote Originally Posted by Islander View Post
    Same here. But seems clear to me that their referral to state law has absolutely nothing to do with your question of Federal law. Who know, unless you write them back and clarify. Would you be willing to do that?

    My understanding is that nobody had been convicted with a recip CWP. Hopefully if any of us ever goes to court we can simply say that "licensed" is a verb:

    LICENSE: freedom to deviate deliberately from normally applicable rules or practices (especially in behavior or speech).
    Nope not going to write them back. As far as I'm concerned their response was quite clear. Get with the individual states and follow their law.

  4. #23
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    That's been one of my points from day 1. Don't you love law makers> ex lawyers who make this crap so complicated you need another lawyer to straighten the whole mess out..

    And if license is a verb, does that mean that the rest of the statute is met? That might be the state's issue as far as background checks.

    who knows? a judge needs to rule on this.

  5. You notice in their response they also mentioned that if you are leaving an FFL without a license your gun should be unloaded and locked. Nowhere in that response did they give you a *smile* and a *wink* to violate Federal Law. Nowhere in that response did they say that if you live in Arizona, where a license is not required to CCW, that you would be okay to carry in violation of Federal Law. ATF does not have jurisdiction over Florida and Georgia law... they have jurisdiction over Federal Law. Georgia and Florida are part of the United States which the ATF has jurisdiction over. With all due respect, just because you have carried a certain way for a certain time frame without getting in trouble, doesn't mean it's legal. All I'm advocating for is a change in the law to adequately protect gun owners.

  6. #25
    Quote Originally Posted by Eagle2009 View Post
    You notice in their response they also mentioned that if you are leaving an FFL without a license your gun should be unloaded and locked. Nowhere in that response did they give you a *smile* and a *wink* to violate Federal Law. Nowhere in that response did they say that if you live in Arizona, where a license is not required to CCW, that you would be okay to carry in violation of Federal Law. ATF does not have jurisdiction over Florida and Georgia law... they have jurisdiction over Federal Law. Georgia and Florida are part of the United States which the ATF has jurisdiction over. With all due respect, just because you have carried a certain way for a certain time frame without getting in trouble, doesn't mean it's legal. All I'm advocating for is a change in the law to adequately protect gun owners.
    The question I posed concerned "reciprocity" which you stated is banned by the federal government. I didn't ask about states that don't require licenses. You can bend this anyway you want but I think it's quite clear that RECIPROCITY is not banned or illegal. With the exception of Vermont, those states that do not require licenses to carry also offer a license for reciprocity purposes. Again the main question was whether reciprocity was banned and it's not.

  7. Quote Originally Posted by GFSZA 1995

    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;

    Once again, here is the issue. If you have a Georgia license and you go to Tennessee, you can argue that you have been "licensed" by Tennessee, and I agree with you. You can not however, argue that the law enforcement officials in Tennessee verified you were qualified to receive that Tennessee "license." According to the Federal GFSZA 1995 law, not only do the law enforcement authorities of the State you travel to actually have to verify that you are qualified... the law of the State must require that they verify it before your "license" is issued/granted. Many States (including Tennessee) blindly recognize any out-of-state permit. Nowhere does the State law of Tennessee require that you submit to an additional check/interview/phone call/etc conducted by Tennessee law enforcement officers before you are granted your "license" to carry in Tennessee based on your Georgia permit.


    The part of your letter that comments on contacting the State authorities, by its own wording, refers specifically to any questions you may have about State law. ATF wont answer questions about State law... just like they wont answer questions about the dress code at your local restaurant... State law is not their problem or responsibility.

  8. #27
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    Quote Originally Posted by ronwill View Post
    Nope not going to write them back. As far as I'm concerned their response was quite clear. Get with the individual states and follow their law.
    That's pure fantasy talk right there. If anyone out there reads this, I absolutely advise against following Ron's lead. He's a good guy, but if you read the response and apply 9th grade logic class rules, it said absolutely nothing to support his position. In fact, it confirmed the opposite, and this time in writing.

  9. #28
    Quote Originally Posted by Islander View Post
    That's pure fantasy talk right there. If anyone out there reads this, I absolutely advise against following Ron's lead. He's a good guy, but if you read the response and apply 9th grade logic class rules, it said absolutely nothing to support his position. In fact, it confirmed the opposite, and this time in writing.
    As I stated earlier, you can do what you want, argue what you will, the subject (in my mind) has been answered. Nothing was said about reciprocity not allowing carry through a school zone. The letters shown before hand were when the ATF fell under the Department Of The Treasury, they now fall under the Department Of Justice. These departments have a very hard time working together and guidelines change between them. Yes you need to be careful as always when carrying. As demonstrated quite clearly in these threads, interpretation can differ quite widely. Always be prepared to prove yourself in court. I am.

  10. They did not say defer to the States regarding GFSZA. They said to contact the States with any questions you have regarding State law, as they do not answer it. It does not matter what department ATF is under... the law remains the same. Reciprocity is illegal under Federal Law. BATFE did not address the question of reciprocity in anyway whatsoever in your letter. If anything, they very carefully avoided answering the question that you asked.


    Main Post Regarding GFSZA 1995: http://www.usacarry.com/forums/polit...important.html

  11. #30
    We can drive onto school grounds with our weapons they must be "holstered" or in the glove box ect! Has long has we aren't actually holding it in our hands on school grounds. We're ok! If you must get out of your car the weapon must remain in the car! So I just lock it in my glove box before pulling out of my driveway that day. Lots of our teachers do the same they lock up their cars with their weapon inside. Then go about their day. If we step foot outside our car or walk onto school grounds & they find a weapon on us, then we are in serious trouble! I pick up my grandaughter often & yes I'm carrying 1 or sometimes 2 weapons!
    My grandaughter does not know I carry & rather it stay that way for now shes only 14! I dought my daughter has put 2 & 2 together & knows that I carry let alone while the granddaughters in my care! She would indeed have a hissy fit! OH WELL,,They both know dad/granddad carrys!

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