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Thread: School Zones

  1. #11

    school zones

    I have retyped but listed the reference number, please excuse the caps if thy offend you.

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

    HOWEVER IN THE FOLLOWING SITUATIONS THE INDIVIDUAL WOULD NOT BE IN POSSESSION OF A FIREARM IN VIOLATION OF 922(Q)(A)
    THE INDIVIDUAL IS LICENSED BY THE STATE OR POLITICAL SUBDIVISION TO POSSESS A FIREARM, AND THE LICENSE WAS ISSUED AFTER LAW ENFORCEMENT OFFICIALS VERIFIED THAT THE INDIVIDUAL IS QUALIFIED TO RECEIVE THE LICENSE.

    Where is the conflict between federal and state law, the federal law is giving the state the opportunity to issue the ccw permit and stating that the permit holder is not in violation of federal law.

    I will grant everyone a problem. The problem might be if you have a ccw permit from your home state and you are in a school zone of another state and somehow get stopped and you have a firearm in your possession.

    It is going to be officer discretion to try to take any action against the permit holder especially if the state you are visiting in has reciprocity with your home state.

    (Should be take our NRA Stickers off of our cars so we cannot be profiled?)

    If you are in your home state with your permit in a home state school zone I do not see a problem, but again I have my ccw insurance just in case.

    Again I am not a lawyer

    Pat Olvey
    email [email protected]
    Cincinnati, Ohio
    Hamilton County

  2.   
  3. ^^^^^ Correct. I thought that is what we were all saying...
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  4. #13

    Supremacy Clause

    Quote Originally Posted by NavyLT View Post
    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.
    That is true. Here is, in part, the Supremacy Clause as stated in the second paragraph of Article VI of the US Constitution.

    “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; . . . shall be the supreme Law of the Land . . .” (Italics added)

    This means the federal law must be Constitutional before the Supremacy Clause would apply. The second amendment tells me that all federal firearms laws are not 'in Pursuance thereof' so state laws may trump them.

  5. Quote Originally Posted by S&W645 View Post
    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.
    You are correct that only applies to those with CCW permits.

  6. Quote Originally Posted by Hardcorp View Post
    You are correct that only applies to those with CCW permits.
    ...from the same state the school zone is located in.
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  7. #16
    Join Date
    Aug 2009
    Location
    washington state
    Posts
    817
    Quote Originally Posted by NavyLT View Post
    ...from the same state the school zone is located in.
    So if you have a non-resident permit from the same state the school zone is located in you are not breaking the law.

  8. #17
    Join Date
    Sep 2007
    Location
    Twin Falls, Idaho
    Posts
    292

    When!!!!!!!

    I would like to know when any of the "Gun Rights" groups (N.R.A., G.O.A., JPFO, or any others are going to lobby to have this insane technically amended. Personally, I'd like to see it abolished, but I think there's a "FAT CHANCE" of that happening.
    Good Luck!!!
    John
    http://www.packing4life.com

  9. Quote Originally Posted by santa View Post
    So if you have a non-resident permit from the same state the school zone is located in you are not breaking the law.
    Correct
    Anyone who says, "I support the 2nd amendment, BUT"... doesn't. Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman.

  10. #19
    Join Date
    Nov 2010
    Location
    SE FL and SE OH
    Posts
    5,668
    Quote Originally Posted by NavyLT View Post
    Correct
    Yep!

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