Gun Free School Zone Act
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Thread: Gun Free School Zone Act

  1. #1

    Gun Free School Zone Act

    There is an exemption for State issued CCW permit holders in the Federal Law Gun Free School Zone Act of 1995, but it only applies to the actual state that the permit was issued in. For example, if you live in Missouri, and have a Missouri CCW you may legally have your firearm in your vehicle when you drop off your kids at school, but if you then drive to Nebraska which honors Missouri's CCW permits, and travel within 1000' of any school, you are now breaking the law.

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  3. #2
    Join Date
    Feb 2010
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    Santa Fe Area, New Mexico
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    Would rather be alive and fighting a Felony, then dead with a toe tag. Gotta make decisions, some easy, some not so easy. Plus if you're in the "Zone" and intervene in a deadly situation, you'll probably be regarded as a hero not a BG. Just my opinion.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  4. #3
    Quote Originally Posted by weekendskp View Post
    you may legally have your firearm in your vehicle when you drop off your kids at school,
    Within the school zone, yes. However, there are some states that have a state law prohibiting you from going onto the school property, so you'd have to drop them off on the street out front....other states do not.

  5. #4
    Quote Originally Posted by mappow View Post
    Would rather be alive and fighting a Felony, then dead with a toe tag. Gotta make decisions, some easy, some not so easy. Plus if you're in the "Zone" and intervene in a deadly situation, you'll probably be regarded as a hero not a BG. Just my opinion.
    +1. Better to be tried by 12 than carried by 6.
    By faith Noah,being warned of God of things not seen as yet, moved with fear,prepared an ark to the saving of his house;by the which he condemned the world,and became heir of the righteousness which is by faith Heb.11:7

  6. #5
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    In Oregon if you have an Oregon permit you can conceal carry on school property. If you get caught and they tell you to leave, because they all have policies against weapons, and you don't leave you will be charged with trespassing.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  7. #6
    You can't carry at the post office either.

  8. #7
    For a rather in depth discussion of this subject see the following:

    http://www.usacarry.com/forums/polit...important.html

  9. #8
    Join Date
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    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.

  10. #9
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    Quote Originally Posted by NavyLT View Post
    You can't carry at the post office either.
    In the building no, In the parking lot yes.

  11. Quote Originally Posted by Swinokur View Post
    The new law has not been challenged in court AFAIK.
    This is incorrect. First, there is no 2001 law. There is the 1990 law which the Supreme Court struck down in United States v Lopez and there is the 1995 law (the new law) which is currently being enforced. The new law (GFSZA 1995) has been challenged several times in court, and has been upheld every time. There is already a huge ongoing post about this that includes links to the convictions under the new law, which have been upheld. Pay special attention to the United States v Dorsey case where the court specifically ruled that the changes made in the new law were indeed enough to "correct" the errors that caused the original to be struck down.

    Senator Tom Coburn (R-OK) has drafted legislation to fix Gun Free School Zone Act. Everybody needs to contact his office and let them know you support it. His contact information is in the main post about this topic.


    http://www.usacarry.com/forums/polit...important.html





















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