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Thread: School property

  1. #11
    Join Date
    Jan 2008
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    Green Valley (Henderson) NV
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    853

    Nope, see 18 USC 922(q)(2)(B)(i)

    Nope, there's a specific clause of the Federal Gun Free School Zone Act which exempts "on private property not part of school grounds." You need an endorsement, license or permit to carry within a school zone except on private property.

    Furthermore, the FGFSZA does not apply if the firearm is in a locked container and unloaded (18 USC 922(q)(2)(B)(iii)). So in accordance to Federal law, if you unload and lock up your CCW prior to entering the school zone you are legal if you don't have a permit to carry unless there's a State law prohibiting firearms, loaded or unloaded, secured within your vehicle within a school zone.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR, PA & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

  2.   
  3. thanks Net,

    now here's an interesting response to that.

    You said {You need an endorsement, license or permit to carry within a school zone except on private property.**, so here's a scenario.

    In Virginia, we have open carry laws, so it's possible to be open carrying while driving down a local road, Smoketown Rd in this instance, and you'll pass thru the high school "25mph speed zone" and the school grounds butts up to the road. Since the road is "public" property, based on this description of the law, is a person NOT carrying a CCW license in violation of the law for driving down a major 6 lane road on the way to the local shopping mall, or on the way to the interstate, because they had to pass the school on the way??

  4. #13
    Remember, you pay property tax on your car in VA, so wouldn't your car be private property, as long as you remain in the vehicle?

  5. #14
    This straight from Va State Police website-------------
    18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.

    A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.

    B. If any person possesses any firearm designed or intended to expel a projectile by action of an explosion of a combustible material while such person is upon (i) any public, private or religious elementary, middle or high school, including buildings and grounds; (ii) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (iii) any school bus owned or operated by any such school, he shall be guilty of a Class 6 felony; however, if the person possesses any firearm within a public, private or religious elementary, middle or high school building and intends to use, or attempts to use, such firearm, or displays such weapon in a threatening manner, such person shall be sentenced to a mandatory minimum term of imprisonment of five years to be served consecutively with any other sentence.

    The exemptions set out in 18.2-308 shall apply, mutatis mutandis, to the provisions of this section. The provisions of this section shall not apply to (i) persons who possess such weapon or weapons as a part of the school's curriculum or activities; (ii) a person possessing a knife customarily used for food preparation or service and using it for such purpose; (iii) persons who possess such weapon or weapons as a part of any program sponsored or facilitated by either the school or any organization authorized by the school to conduct its programs either on or off the school premises; (iv) any law-enforcement officer; (v) any person who possesses a knife or blade which he uses customarily in his trade; (vi) a person who possesses an unloaded firearm that is in a closed container, or a knife having a metal blade, in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle; or (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school. For the purposes of this paragraph, "weapon" includes a knife having a metal blade of three inches or longer and "closed container" includes a locked vehicle trunk.

    As used in this section:

    "Stun weapon" means any device that emits a momentary or pulsed output, which is electrical, audible, optical or electromagnetic in nature and which is designed to temporarily incapacitate a person.

  6. #15
    Quote Originally Posted by NavyGuy View Post
    Remember, you pay property tax on your car in VA, so wouldn't your car be private property, as long as you remain in the vehicle?
    That "appears" to be the case, just don't leave the vehicle

  7. #16
    Quote Originally Posted by Rogueone View Post
    thanks Net,

    now here's an interesting response to that.

    You said {You need an endorsement, license or permit to carry within a school zone except on private property.**, so here's a scenario.

    In Virginia, we have open carry laws, so it's possible to be open carrying while driving down a local road, Smoketown Rd in this instance, and you'll pass thru the high school "25mph speed zone" and the school grounds butts up to the road. Since the road is "public" property, based on this description of the law, is a person NOT carrying a CCW license in violation of the law for driving down a major 6 lane road on the way to the local shopping mall, or on the way to the interstate, because they had to pass the school on the way??
    on public road does not count, only entering school property

  8. #17
    so far, Virginia does not have a proximity law

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