Driving past schools with my gun on me? - Page 2
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Thread: Driving past schools with my gun on me?

  1. #11
    Quote Originally Posted by BlueMR2 View Post
    Oh, it just gets better and better! Another section state:

    "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

    This would indicate that, unless the state says otherwise, you can carry the firearm from one lawful place TO another lawful place if it's not directly accessible. That's in conflict with the wording of the 1000' school safety zone. One says you can't do it while another explicitly allows it. This is terrible. The federal firearms rules appear to be one contradiction after another!

    At least it looks like you can be safe by having your CCW for handguns and always have long guns unloaded and locked up, preferably in a separate compartment in the vehicle.
    That particular statute is US 18 ss 926A...usually called Firearms Owners Protection Act (FOPA). Thats the one that makes it travel to different states and not have to be concerned with the laws of the states between you origination and destination that do not honor your carry permit.

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  3. #12
    OK, so I'm legal to drive by but now for the twist . That school is a polling place. I vote there every Nov. and like I said in the original post, I don't go anywhere not packing iron. So to keep legal I must lock the gun up inside my locked car as I go in to vote?

  4. #13
    Quote Originally Posted by GregsSmiths View Post
    OK, so I'm legal to drive by but now for the twist . That school is a polling place. I vote there every Nov. and like I said in the original post, I don't go anywhere not packing iron. So to keep legal I must lock the gun up inside my locked car as I go in to vote?
    Correct....and park in the street. My polling place is also a school.

  5. Quote Originally Posted by BlueMR2 View Post
    Oh, it just gets better and better! Another section state:

    "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driverís compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."

    This would indicate that, unless the state says otherwise, you can carry the firearm from one lawful place TO another lawful place if it's not directly accessible. That's in conflict with the wording of the 1000' school safety zone. One says you can't do it while another explicitly allows it. This is terrible. The federal firearms rules appear to be one contradiction after another!

    At least it looks like you can be safe by having your CCW for handguns and always have long guns unloaded and locked up, preferably in a separate compartment in the vehicle.
    I would suggest you read the Federal laws a bit more carefully before attempting a reply.

    First 18 USC 926a is titled Interstate Transportation of Firearms and only applies when traveling interstate - between states.

    Second, 18 USC 926a contains almost the exact same requirements as one of the exceptions to the Federal Gun Free School Zone Law: that is the gun must be unloaded and locked in a case or trunk of a vehicle, although the GFSZA says unloaded and locked in a case.

  6. #15

    school zones

    Quote Originally Posted by GregsSmiths View Post
    I drive by a school every day on the way to work. The school is on the corner of two streets with a stop sign for cross traffic.The building at one point is no more than 60 feet from the road and 100 feet from the cross road. What happens if I'm pulled over in front of this school and carring my legal concealed weapon on me. Am I in BIG trouble or what?
    In Ohio, if you have a permit, you are not in violation of the gun free zone if you drive by the school, take your children to the door of the school but do not enter the building. You cannot go to school events or get on a school bus.

    Hope i covered all of the points, always consult legal counsel for all questons.

    Pat Olvey

  7. #16
    You got a lot of answers from folks telling you what the laws are outside of PA but looks like Curmudgeon is a resident and pretty knowledgable about the laws in your state. You might also want to read the Eagle2009 thread about the Federal Gun Free School Zones Act of 1995. Lot of food for thought in that lengthy post...along with plenty of anecdotal evidence that you can be right by the law but still get busted in a school zone by overzealous or undereducated cops. Sure got my attention since I drive within 1,000 feet of a school daily on a public road.


    3X PM

  8. #17

    polling place

    You bring up a very interesting item. The school is now being used as a polling place.

    The school is now a governmental area. So, the answer is no unless the board of elections has said it is ok.

    Think about the post office, it is a governmental area also, and so is the state drivers license bureau office.

    There can be alot of pit falls to watch out for.

    Pat Olvey
    email [email protected]

  9. #18
    Quote Originally Posted by ohio pat View Post
    You bring up a very interesting item. The school is now being used as a polling place.

    The school is now a governmental area. So, the answer is no unless the board of elections has said it is ok.

    Think about the post office, it is a governmental area also, and so is the state drivers license bureau office.

    There can be alot of pit falls to watch out for.

    Pat Olvey
    email [email protected]

    In PA, a polling place and the DMV are not prohibited locations. A polling place IN a school is as PA's school prohibition does not stipulate "while school is in session"...

    18 Pa.C.S. ß 912: Possession of weapon on school property
    (a) Definition.--Notwithstanding the definition of "weapon" in section 907 (relating to possessing instruments of crime), "weapon" for purposes of this section shall include but not be limited to any knife, cutting instrument, cutting tool, nunchuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.
    (b) Offense defined.--A person commits a misdemeanor of the first degree if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school.
    (c) Defense.--It shall be a defense that the weapon is possessed and used in conjunction with a lawful supervised school activity or course or is possessed for other lawful purpose.

  10. #19

    school zones and other prohibited places

    Here is a link for information regarding HR218 National Carry Permits
    H.R. 218 Final Text

    I am attaching a portion of the federal law governing the National Carry Permits.

    Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

    `(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

    `(b) This section shall not be construed to supersede or limit the laws of any State that--

    `(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

    `(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

    The states that do not prohibit the carrying of concealed handguns on governmentally used premises makes it more confusing for a ccw person who is traveling. What a wonderful world we live in.

    I was in St Louis, Mo and my wife and I decided to go downtown to a park. It turned out to be a federal park. While we were standing in line a park ranger walked passed us advising that we were going through a metal detector. I was armed and got the park rangers attention. The ranger had me go to her supervisorís desk, supervisor checked my identification and had me sign a register book then permitted me to enter the underground park.

    Just and fyi

    Pat Olvey
    email [email protected]

  11. #20
    Here's a link to the Gun Free School Zone Act of 1996 showing the original language that was changed after the original was struck down by the court.

    Here's a letter from the BATF answering whether the license must be issued by the jurisdiction which the school zone lies in.

    It's interesting that the exception may allow you to carry inside the 1000' buffer, but it's still illegal for you to discharge it unless you're on private property.

    The real hiccup is in states that allow you to own a rifle or shotgun without being licensed at all.
    "We must reject the idea that every time a law's broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions." ~ Ronald Reagan

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