Ccw holder traveling past schools in states where ccw holder is not resident - Page 2
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Thread: Ccw holder traveling past schools in states where ccw holder is not resident

  1. #11
    Join Date
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    Quote Originally Posted by Shoegoo View Post
    Technically there are a lot of people living within these school zones as well as people traveling through them every minute of every day.
    Those that live within the 1000 ft GFZ are exempt while on their property. Step one foot off without the permit for that state/local jurisdiction and you are in violation. Sooner or later this will result in a test case for the Supreme Court, again.

    Remember, gov't will violate the law until they are forced to change by a court.

  2.   
  3. #12
    Sadly you are absolutley correct, you are NOT excempt. If the local LE feels like it they could haul you off. I am in that exact situation since I have a Utah permit but live in NC. Then again, so is anybody else travelling in the US outside his issuing state. The fact that it seems that nobody got jailed yet gives me some hope that most local LE will scale this nonsense back to size by only enforcing it if somebody is actually doing something with the firearm like threatening somebody or waving it around. But I feel deeply uneasy about leaving something like this to the discretion of local police, no offense. What if they simply don't like the fact that you don't have "their" permit and make it an issue?

  4. #13
    This is probably one of the most misguided statutes that I have ever heard of. Traveling on rural US highways can lead you past schools before you are even aware that there is a school near by.
    While going through my CCW class in Iowa several years ago, the County Sheriff told us "If you are just passing through the school zone you shouldn't have any problems."

  5. #14
    If the law just said you can't enter school grounds it would be fine but the 1,000 feet zone is not practical given that somebody travelling a lot would have to acquire permits from every state he crosses a school zone in and most states don't even issue non resident permits. This law is either incredibly dumb because not thought thru or incredibly clever cause it effectively nullifies reciprocity (ie a law made by the gun haters).

    I agree that most local LE will probably ignore this nonsense but what if you come across that one officer who just doesn't like your face?

  6. Quote Originally Posted by jg1967 View Post
    This law is either incredibly dumb because not thought thru or incredibly clever cause it effectively nullifies reciprocity (ie a law made by the gun haters).
    This law was written by U.S. Senators Kohl, Specter, Feinstein, and Lautenberg.


    Not only does this law effectively nullify reciprocity, it also effectively nullifies all unlicensed carry in the country.

  7. Quote Originally Posted by Shoegoo View Post
    It would be helpful if someone would quote the fed law that is in question. And why have reciprocity if the federal law over rules the state law? And what's with the caviate about speed limits? Are there federal cops out there checking on speed limits?
    18 USC 922 (q)(2)(A):
    United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute

    (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—

    (i) on private property not part of school grounds;

    (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;

    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

  8. School Gun Free Zones

    Can anyone help by providing any state specific statutes which allow exemptions for conceal carry holders to possess on school ground?

    I understand that federal allows this if there is a state law. I need any and all state statutes.

    Fed law states: exception to GFSZ where 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. 18 D.S.C. § 922 (q) (2) (B) (ii)

  9. #18
    Join Date
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    IMO, since the SCOTUS ruled in DC vs Heller that the 2A does guarantee the right to keep and BARE arms, that any case that goes to federal court over being within 1000 feet of a school, but not on school property, would result in acquittal.

    Oxford Dictionaries Online, a dictionary of modern English, defines the phrase To bear arms as "carry firearms". The on-line Merriam-Webster's Collegiate Dictionary defines 'bear arms' as "to carry or possess firearms". In District of Columbia v. Heller, the U.S. Supreme Court used this common meaning of the phrase by stating, "If bear arms means, as we think, simply the carrying of arms".

    We just haven't had a test case yet, but I think one could win this one even with self representation, it's just so blatantly defined by the SCOTUS already.
    One must be wary of the mentality creating the problem or the law creating the crime.

    I love America and the Constitution, if you don't then get out!

  10. #19
    [QUOTE=Eagle2009;175934]This law was written by U.S. Senators Kohl, Specter, Feinstein, and Lautenberg.


    Not only does this law effectively nullify reciprocity, it also effectively nullifies all unlicensed carry in the country.[/QUOTE

    I was right! A New Jersey Congressman was involved!

  11. #20
    Quote Originally Posted by S&W645 View Post
    Those that live within the 1000 ft GFZ are exempt while on their property. Step one foot off without the permit for that state/local jurisdiction and you are in violation. Sooner or later this will result in a test case for the Supreme Court, again.

    Remember, gov't will violate the law until they are forced to change by a court.
    Unless it is unloaded and stored.

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