Concealed Carry Reciprocity is CURRENTLY banned under Federal Law. (Important) - Page 17
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Thread: Concealed Carry Reciprocity is CURRENTLY banned under Federal Law. (Important)

  1. Quote Originally Posted by handgonnetoter View Post
    I don't quite understand this thread, maybe someone that knows for sure can set me straight. Does this federal law pertain to school zones, or the whole dog gone state. If there is a law against reciprocity from state to state, then the maps on this site are all wrong, right?
    Federal Gun Free School Zones extend 1000 feet in every direction from the property line of every K-12 school in the nation. It is illegal for an armed person to travel through a school zone unless they have a permit physically issued by the State where the school is located. Although the federal law does not directly outlaw reciprocity... it effectively outlaws it in every developed area. If you look at the school zone maps of Phoenix and Cleveland, you see it is impossible to drive more than a mile in any direction without violating a school zone.


    To summarize, you can fairly easily carry under reciprocity in rural areas... but driving around a city or the suburbs of a city is nearly impossible due to the large number of schools.

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  3. #162
    Quote Originally Posted by nogods View Post
    Eagal2009 - I've read all your references and have done some additional research. I agree completely with your analysis. Thanks for the info on this.

    I'll be sending a letter to my congressman and two senators, and alerting my rod and gun club members about this issue. the NRA should be on top of this. Why are they asleep at the wheel?
    Come on.....do you really think the nra is looking out for us?

  4. #163
    After sitting here reading this thread from start to finish I have come to a bit of a startling conclusion. First of all I have read the law in its entirety. I have also red most of the case law that has been listed, plus the responses from ATF. Followed by some independent research. I fully believe that Eagle2009 is absolutely correct in his assessment, and strait forward explanation of the law.
    Whether you ever get caught and prosecuted for violating this law is irrelevant. The possibility of being charged is very real, under many innocent scenarios.
    It amazes me at how many people feel that this issue is not important enough to want it repealed or amended. That is a very dangerous attitude to have. Every U.S Citizen should be screaming from the top of their roof tops, every time our government proposes or passes a bad law, whether or not that law directly affects us as an individual. This is our duty as citizens. To rely on judges, who have ruled against the constitution on so many occasions to protect our rights, is abdicating our responsibilities as free citizens to hold our government accountable. Our fore fathers have paid a heavy price for our freedoms that so many of you are willing to piss away as trivial issues.
    There was a lot of talk about the responses from the ATF about the law. The first letter dated April 17, 2002 was the only response from an agent with the authority to directly respond to this type of question. The other responses came from field agents, which can not give a direct answer to this question. So they did what every good federal agent does, give a vague response, and pass the buck.
    Second point I would like to make is the fact that many of you are willing to repeat your mantras whether right or wrong. Saying things like “what part of unabridged don’t you get?”. We get it. But sorry to say our government including the courts doesn’t get it. Because if they did, we wouldn’t be having this discussion. Or those of you who keep advocating, just ignore the law, no cop will bust you for it. Now you are suggesting that we ignore a federal law. Those that have that attitude, make me wonder how law abiding is that citizen. And begs the question to be asked, should this person really be walking around with a loaded firearm. Also what other laws do you just ignore because you don’t like them or believe they are unconstitutional. Those of you who fall into this category scare me the most. Then there are those that will argue till they are blue in the face that the sky doesn’t appear blue, or water is not wet. You guys are the easiest to disregard. And I can’t understand why anyone would waist their time even responding to your ridicules arguments.
    I would love to see the energy that was put forward to discount eagle2009, put to use for defeating all infringement laws. Because if it were, none of us would need to ask for permission to exercise our "guaranteed" constitutional rights.

    And my closing wish for all, is that none of us ever have to stare down our sights at anything more menacing then a smirking range target.
    AHH! Coffee the elixir of life!
    Coffee the elixir of life!

  5. Thank you truckie. Yes, this is by far the worst federal gun law on the books, at it effectively outlaws all unlicensed carry, and CCW reciprocity agreements. For whatever reason, some people would rather risk a felony conviction, than put in a little bit of effort to get the law changed.

  6. #165
    Let me just say that anyone who argues with whether or not this law exists and whether or not it is enforceable is crazy. It definitely does exist and can be enforced and sometimes is enforced.

    However the title of this thread is completely wrong, misleading and does nothing to support or deny that the law exists or anything close to it.

    Concealed Carry Reciprocity is CURRENTLY banned under Federal Law. (Important)
    Reciprocity between the states is not banned under any federal law nor is any state law affected by any federal action. Federal laws in this case do not honor any reciprocity agreements between states. Only federal laws are involved and do not affect any state laws. To say that reciprocity is banned under federal law is an outright lie and is only being used to try and cause confusion and worry.

    State police in one state will still accept a reciprocical permit from other states when state laws apply just as they always have. State police can and do enforce federal laws but it is up to the federal authorities to prosecute for violations of federal law. A state/local LEO does not have to enforce a federal law if it is not covered by a state agreement. That is why the Rodney King villians were found innocent but then found guilty in a federal court and were deprived the right of double jeopardy.

    To think you cannot be charged and convicted under this law is stupidity. To think that you will not is playing the odds. To worry about whether or not you will be caught and charge for driving by a school along an Interstate highway that is hidden by a sound barrier while on vacation is paranoia.

  7. Quote Originally Posted by FN1910 View Post
    To say that reciprocity is banned under federal law is an outright lie and is only being used to try and cause confusion and worry.
    Reciprocity is made effectively null in all populated areas by this federal law. As for causing worry... people should be worried about potential felony charges.


    I'll concede "null" is perhaps a better word choice than "banned," but I can't change the thread title now.


    Once again, this is not a matter of "getting caught." This is about the right to carry in a completely legal manner without any fear of prosecution.

    Although State officers are not compelled to enforce federal laws, they are compelled to enforce State laws, and if you read State laws regarding "prohibited places" for CCW under State law, many States have a clause that prohibits CCW in "any place prohibited by federal law." Therefore, not only are you subject to federal prosecution for violating the GFSZA95... but you are also committing a State crime by carrying in a place prohibited by the State (any place prohibited by federal law). In this case, you could actually be tried and convicted twice, once in State court for the "prohibited places" violation, and once in Federal court for the Gun Free School Zones Act of 1995 violation.


    So for those of you who aren't worried about "getting caught" by the Feds, take a moment to read through State laws regarding "prohibited places," and see if "any place prohibited by federal law" subjects you to an additional State crime.

    In addition, I've also read many State laws that prohibit carry "during the commission of a crime." A State prosecutor could argue, quite successfully, that you were "in the commission of a crime" by violating the Federal Gun Free School Zones Act 95.

  8. #167
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    First off the law should be changed so that those who are from out of state have the same rights as if from that state if the state accepts your state's license.

    Second, the Feds should be made to post the limits of the school zones on signs where schools can't be seen.

    Third, strike both the first two by getting rid of the law, period, for anyone with a CCW permit.

  9. #168
    I have written my reps. concerning this issue to compell them to effectively remove language that affects legal CPL holders in states that have reciprocity. Don't know if this will help. But we could all do that much & see how it goes.

  10. Quote Originally Posted by missoak View Post
    I have written my reps. concerning this issue to compell them to effectively remove language that affects legal CPL holders in states that have reciprocity. Don't know if this will help. But we could all do that much & see how it goes.
    Thank you. Jg1967 is also writing a letter. Does anyone else plan to?

  11. #170
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    Quote Originally Posted by Eagle2009 View Post
    Thank you. Jg1967 is also writing a letter. Does anyone else plan to?
    Yep! For both Florida and Ohio.

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