Driving past schools with my gun on me?
Page 1 of 3 123 LastLast
Results 1 to 10 of 24

Thread: Driving past schools with my gun on me?

  1. #1

    Driving past schools with my gun on me?

    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?

  2.   
  3. #2
    Hmm, I could be wrong but unless you're actually on school property...

  4. The way it's worded in the Ohio manual that I have, it says CCW not allowed in school buildings, on property and at activities (paraphrased). With an exception of allowing drop-off of child (IIRC, you have to stay in the car, but can go on the property for that sole purpose).

    I HAVE heard things on the news about "National law stating no guns within 1000 feet of schools", but haven't been able to locate said law anywhere. News media got it wrong again, or am I missing something?

  5. #4
    Join Date
    Aug 2009
    Location
    washington state
    Posts
    817
    as i understand FEDERAL law if you have a licence to carry issued by the state where the school is you are ok under FEDERAL law to drive or walk by a school. there is a thread on this very subject. state laws differ on gun possession on school grounds. it is my understanding that for example in oregon you may possess a firearm on school property if you have a concealed carry permit. i think utah is the same. here in washington i can possess a concealed handgun on school property only when picking up or dropping off a student. other states flat out ban gun possession on school grounds. in my opinion you are ok as long as you are not on school property. the best thing is talking to a knowledgable lawyer thats well versed in firearms law.

  6. #5
    Join Date
    May 2010
    Location
    York, Pennsylvania
    Posts
    147
    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?


    You do not state whether or not you are in possession of a PA LTCF. I hope you have yours, or at least a permit/license from any other state, or your travel while carrying would be illegal, regardless of any school zones or federal laws.

    Your PA LTCF allows you to be within the 1000' Gun Free School Zone under USC Title 18, Ch 44, 922(q)(2)(b)(ii)...

    TITLE 18 > PART I > CHAPTER 44 > § 922

    § 922. Unlawful acts

    ...

    (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.
    (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;
    (iii) that is—
    (I) not loaded; and
    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;
    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;
    (vi) by a law enforcement officer acting in his or her official capacity; or
    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.

    Make sense?

    Edited to add... here is the link to the United States Code, Title 18, Chapter 44, containing the GFSZ Act along with other relevant Federal firearms laws... http://www.law.cornell.edu/uscode/us...0_I_20_44.html

    .
    While many claim to support the right, precious few support the practice.

  7. #6
    Join Date
    Feb 2009
    Location
    Creswell, Oregon
    Posts
    3,865
    In Oregon as long as you have a permit you are leagal under state law. That being said some schools have a policy that states no weapons. But concealed means concealed, if by chance you are discovered to be armed, you must leave or be cited for truspass.
    "You can get a lot accomplished if you don't care who gets the credit" - Ronald Reagan

  8. Quote Originally Posted by Curmudgeon View Post
    Edited to add... here is the link to the United States Code, Title 18, Chapter 44, containing the GFSZ Act along with other relevant Federal firearms laws... United States Code: Title 18,CHAPTER 44—FIREARMS | LII / Legal Information Institute
    Yikes, that's a nasty bit of law seeing as you could be WELL within 1000' of a school before even knowing it's a school. Not to mention that there's a school on practically every corner (at least where I live!). That right there pretty much makes Open Carry impossible (even though it's legal, through lack of legislation about it, in my state).

    Also, the part about being not just unloaded, but *locked* could catch out a LOT of sportsmen since there aren't any "rifle" permits to be had, sport shooting is not "hunting", and few if any rifle cases I've seen are even designed to have the ability to be locked. The state law says that if it's in the trunk, or a closed case (doesn't have to be locked) and unloaded that you're OK.

    Confusing since the state law supposedly overrides the National one (unloaded and closed case allowed instead of requiring unloaded and locked) for normal transport, but it looks like when you go through a school zone that the national law then overrides the state law? Argh. :-(

    *EDIT*

    Actually, it appears that state law still holds precedence in allowing sportsmen to transport *intra*state with it unloaded and in a closed case. The Federal 1000' school zone talks about the firearms moving in *inter*state commerce. The "has moved in" part is a bit vague. Has mine ever moved interstate? I have no way of knowing for sure. Have I moved it interstate, nope, never have. If I do ever move it interstate, then do I suddenly always fall under the 1000' school zone when I didn't before? Yuck. Perfect example of how to take something that should be simple and muck it up so nobody can understand it.

  9. 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.

  10. #9
    Yes , I have a permit to CC and my sidearm is always loaded as a unloaded gun will get you killed under bad conditions.So if I understand this right,even though I'm within 1000 ft of the school,as long as I have a permit,it's OK. This school is only one block away from my house and I often walk my dog past said stop sign in front of the school.This is why I'm so concerned.

  11. #10
    Join Date
    May 2010
    Location
    York, Pennsylvania
    Posts
    147
    Quote Originally Posted by GregsSmiths View Post
    Yes , I have a permit to CC and my sidearm is always loaded as a unloaded gun will get you killed under bad conditions.So if I understand this right,even though I'm within 1000 ft of the school,as long as I have a permit,it's OK. This school is only one block away from my house and I often walk my dog past said stop sign in front of the school.This is why I'm so concerned.

    Yes, as long as you have your PA License To Carry Firearms, you are legal within the 1000' GFSZ for schools in PA. Walking, driving, shopping, playing, dining, carrying open or concealed, does not matter, you are good-to-go.

    Just to make sure I'm being thorough about all this, here is the PA statute regarding firearms and school property...

    18 Pa.C.S. § 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.

    The above reference found here... 18 Pa.C.S. § 912: Possession of weapon on school property


    .
    While many claim to support the right, precious few support the practice.

Page 1 of 3 123 LastLast

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast