Concealed Carrying on school property - Page 3
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Thread: Concealed Carrying on school property

  1. #21
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    Quote Originally Posted by jg1967 View Post
    Are you quite certain about that?
    Yes.

    (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;
    Emphasis added. Subparagraph (A) is where it said you couldn't possess a gun in a school zone. That's from the Gun-Free School Zones Act of 1990, which is part of the Crime Control Act of 1990.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

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  3. #22
    Quote Originally Posted by Rhino View Post
    Yes.

    Emphasis added. Subparagraph (A) is where it said you couldn't possess a gun in a school zone. That's from the Gun-Free School Zones Act of 1990, which is part of the Crime Control Act of 1990.
    That's the part that says if you have a permit from the State the school is in AND the permit requires a background check you are okay. It does not say anything else. Obviously you can not have a permit from all 50 States.

  4. #23
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    I never said anything about all 50 states. I said federal law allowed an exemption "if the state law on concealed carry allows it". That allows a more lenient state law to supersede the provisions of a strict federal law, contradicting the statement you had made earlier that the more stringent federal law would always supersede. For instance, the Ohio concealed carry law allows possession within a school zone for the purpose of picking up and dropping off kids. Some other states allow more than that. Some allow less. The only thing I may have left out is the background check provision required for the state law to supersede the federal law. But I never said it was allowed in all 50 states, nor did you ask about all 50 states. The federal law does however allow all 50 states, if they require background checks for their licenses, to enact more lenient restrictions on school zone carry.

    This actually causes complaints for states that allow carry without a license or permit. Those people actually end up having more restrictions on school zone carry than people with licenses in many other states. There are all manner of technical catch 22s out there that have unwittingly been created by such laws too. If someone wanted to get extremely nit-picky about it, you could be prosecuted for driving on an interstate through a state that has no such school zone exemptions and there is a school with 1,000 feet of that interstate, whether you know the school is there or not. You would have just carried a concealed firearm through a school zone in violation of federal, and possibly state, law. If government can't screw something up, nobody can.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

  5. #24
    I have to respectfully disagree. When I look at that section I don't see where it allows State law to take over. I think it is just setting a minimum standard (CCW permit of State and background check needed) to satisfy the Federal law, local State laws notwithstanding.

    The whole thing is messed up, obviously it must have been written by some insidious anti gunners with the purpose of hassling people.

  6. #25
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    Quote Originally Posted by jg1967 View Post
    I have to respectfully disagree. When I look at that section I don't see where it allows State law to take over.
    You might be disagreeing with me because you keep thinking I've said things that I never said. I never said anything about state law taking over. I said the federal law stipulates that if the state law on concealed carry allows carry in a school zone, then it's okay to do so. That isn't really a matter of disagreement. It's in the law in black and white. The school zone carry prohibition is in subparagraph (A) but subparagraph (B) exempts you from that prohibition if you have a license and your state requires background checks. That is exactly what I said it was, the federal law stipulating that it's okay if the state carry law says so, subject to the background check restrictions we discussed.


    I think it is just setting a minimum standard (CCW permit of State and background check needed) to satisfy the Federal law, local State laws notwithstanding.
    The original standard was 'you can't carry'. The exemption was added for carry licenses, and if I'm not mistaken it was added by later legislation, i.e. the exemption didn't exist when the original statute passed.

    The whole thing is messed up, obviously it must have been written by some insidious anti gunners with the purpose of hassling people.
    Probably.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

  7. #26
    The main issue with this Act IMHO is the fact that while you may be okay in your State in which you hold your permit, you are not okay in any other State unless you have THEIR permit, too. Even if they have reciprocity with your State.

  8. #27
    The main issue with this Act IMHO is the fact that while you may be okay in your State in which you hold your permit, you are not okay in any other State unless you have THEIR permit, too. Even if they have reciprocity with your State.

  9. #28
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    That is very true, even with unknowingly driving within 1,000 feet of a school like I mentioned earlier. How many times have you driven through another state where you were legal to carry and passed a school right next to the interstate? That would technically be a violation of the Gun-Free School Zones Act even though you had no way of knowing the school was there. The people who wrote these laws must have been drinking at the time.
    Posterity: you will never know how much it has cost my generation to preserve your freedom. I hope you will make good use of it.--- John Quincy Adams
    Condensed Guide To Ohio Concealed Carry Laws

  10. #29
    Oh, I suspect they were totally sober. They snuck this in as a way of having large NO GUN zones that people could not possibly anticipate in the hopes of some getting caught in the web. And then maybe extend this to other institutions until you have the country just about blanketed.

    One of the best dumb ideas I have ever heard was to make it illegal to carry a gun within a 1,000 ft radius of an elected lawmaker. That about beats everything because you could virtually NEVER know where you might run into one. Unless the law would also require them to wear a hat with a siren and a rotating light on it which you know it would not.

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