home owners property boarders a school question
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Thread: home owners property boarders a school question

  1. home owners property boarders a school question

    my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.

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  3. #2

    home within 1000' of a school

    Quote Originally Posted by BMW RIDER View Post
    my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.
    @BMW Rider: without knowing your location, it will be difficult for any of the forum members to know (or look up the state and local statutes). Please provide more information if you desire an answer from the forums.

    Alternatively, call the law enforcement department in the city/town/county where your step-daughter's house is located and ask them directly. Be sure to take down info on WHO you spoke to, WHAT they told you, and WHEN the conversation took place.

    Best,

  4. #3
    while on her property you are ok...to and from her property you would need either a permit from that state or have it unloaded and in a locked cased...


    (B) Subparagraph (A) shall 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) which that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack
    which that is on a motor vehicle;

  5. #4
    Join Date
    Dec 2009
    Location
    Kentucky
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    699
    Quote Originally Posted by BMW RIDER View Post
    my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.
    No. But technically, you need a carry permit of some kind to drive through that same radius, although I seriously doubt you will ever have a problem with local LE giving you a hassle for it unless your actually on the school property.

    If your CC, your fine. If your OC without a permit, I wouldn't take the chance of letting an officer see you. A knowledgeable LEO might try to find a reason to pull you over after you leave if he spotted you OCing.

    GUN-FREE ZONES ACT: MYTH VS. REALITY - Gun Owners Of America
    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!

  6. #5
    Join Date
    Dec 2009
    Location
    Kentucky
    Posts
    699
    Quote Originally Posted by mrjam2jab View Post
    while on her property you are ok...to and from her property you would need either a permit from that state or have it unloaded and in a locked cased...
    Are you citing from the interstate transport law? Because that does not protect you during intrastate travel.

    It always amazes me how the federal government pays attention to state rights when it suits them, but completely ignores them when it doesn't.
    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!

  7. sorry i left out my location, but i am in NY. i can walk through my back yard, through my neighbors yard and be at my step daughters house, which as i said boarders a school. i am not really worried about anyone knowing i am armed since there is no open carry in NY, but if it were discovered i was armed and on a piece of property that is within 1000ft of a school what kind of trouble would i be in? what if my step daughter had a pistol permit, her home is boardering the school, would she be in violation of the law every time she went home carrying her pistol?

  8. #7
    Quote Originally Posted by Unfettered Might View Post
    Are you citing from the interstate transport law? Because that does not protect you during intrastate travel.
    no...Gun Free School Zone

  9. #8
    Post #3 above is the proper answer for the Federal law. According to the Federal law, the gun must be carried by a permit holder with a permit issued by the state the school zone is located in, OR on private property not part of the school grounds, OR in a vehicle unloaded and in a locked case.

    This is New York state law, which only bans firearms possess on the PREMISES or in the building of a school and does not address an school "zone":

    265.01. Criminal possession of a weapon
    in the fourth degree A person is guilty of criminal
    possession of a weapon in the fourth degree
    when:

    (1) He or she possesses any firearm,
    electronic dart gun, electronic stun gun, gravity
    knife, switch-blade knife, pilum ballistic knife,
    metal knuckle knife, cane sword, billy, blackjack,
    bludgeon, plastic knuckles, metal knuckles,
    chuka stick, sand bag, sand-club, wrist-brace
    type slingshot or slungshot, shirken or "Kung Fu
    star"; or

    (2) He possesses any dagger, dangerous
    knife, dirk, razor, stiletto, imitation pistol, or any
    other dangerous or deadly instrument or weapon
    with intent to use the same unlawfully against
    another; or

    (3) He knowingly has in his possession a rifle,
    shotgun or firearm in or upon a building or
    grounds, used for educational purposes, of any
    school, college or university,
    except the forestry
    lands, wherever located, owned and maintained
    by the State University of New York college of
    environmental science and forestry, without the
    written authorization of such educational institution;
    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. #9
    Just for the record....sure sounds to me like YOU may even live within the 1000 feet zone. If I'm not mistaken, it's 1000 feet from the school property, not the school building.

    18 USC § 921 Definitions
    (a) As used in this chapter—
    (25) The term “school zone” means—
    (A) in, or on the grounds of, a public, parochial or
    private school; or
    (B) within a distance of 1,000 feet from the grounds of
    a public, parochial or private school.

  11. .sure sounds to me like YOU may even live within the 1000 feet zone.
    ya know, i just might

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