Would a military member possessing a handgun within a vehicle in a school safety zone still be in violation of federal law, specifically the Gun Free School Zone Act (GFSZA)? The GFSZA generally prohibits possession of a firearm in a school zone, but contains this exception:
Due to the licensing requirement under the GFSZA, this is most often interpreted to mean that nonresidents in a state can't enter a school zone with a firearm unless they have a carry license issued by the state in which the school is located. With that context, it is my belief that a military member without an OH CHL would also be in violation of the GFSZA, but not in violation of state law."(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"
I realize most members here are not licensed attorneys (nor am I)... but would like to hear opinions on this.
Thank you,
kwc