Federal school zone and permit less carry

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smoluse
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Federal school zone and permit less carry

Post by smoluse »

Since a school zone as defined by 18 U.S.C. § 921(a)(25). The law applies to public, private, and parochial elementary schools and high schools, and to non-private property within 1000 feet of them. Accordingly, under 18 U.S.C. section 922(q), it is unlawful for an unauthorized person to knowingly possess a firearm in a school zone or 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.

The law does not apply to possession of a firearm:

On private property within a school zone that is not part of the school grounds;
To a licensed carrier of a concealed weapon by the state in which the school zone is located;
If the weapon is not loaded and is locked in a container in or on a motor vehicle;
By a person authorized to possess a gun within the school zone by the school’s administration;
By an on-duty law enforcement officer; and
Whenever an unloaded firearm is moved across school property in order to gain access to public or private hunting grounds, if entry onto school premises is permitted.

It would seem to me that Permit / License Less carry would be a problem if you find yourself with a firearm in any of these zones, which are just about everywhere. I believe only a federal law enforcement officer can enforce federal law but it could be a problem in some unusual situations. Another reason to have the CHL.
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JustaShooter
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Re: Federal school zone and permit less carry

Post by JustaShooter »

Agreed, as I've stated elsewhere the way I read the Federal Gun Free School Zones Act (GFSZA), persons carrying under the unlicensed carry law when it takes effect June 13 will not be able to do so within 1000' of a school unless they are on private property not part of the school grounds or they meet one of the other exemptions.
smoluse wrote:I believe only a federal law enforcement officer can enforce federal law but it could be a problem in some unusual situations. Another reason to have the CHL.
Something else to consider is that although you'd probably have to screw up pretty badly to get the Feds involved, you would also be breaking Ohio law and are subject to enforcement by local law enforcement because of ORC 2923.126 (B) (8):
(B) A valid concealed handgun license does not authorize the licensee to carry a concealed handgun in any manner prohibited under division (B) of section 2923.12 of the Revised Code or in any manner prohibited under section 2923.16 of the Revised Code. A valid license does not authorize the licensee to carry a concealed handgun into any of the following places:
...
(8) A place in which federal law prohibits the carrying of handguns.
So, since the exception to the Federal GFSZA requires you to be "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;" a CHL is still a wise move depending on where you live, work, and play.
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pk47
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Re: Federal school zone and permit less carry

Post by pk47 »

JustaShooter wrote:Agreed, as I've stated elsewhere the way I read the Federal Gun Free School Zones Act (GFSZA), persons carrying under the unlicensed carry law when it takes effect June 13 will not be able to do so within 1000' of a school unless they are on private property not part of the school grounds or they meet one of the other exemptions.
I haven't thought about this part - if you are just driving on a street, and you pass by a school, you'd be in violation if using permitless carry?
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JustaShooter
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Re: Federal school zone and permit less carry

Post by JustaShooter »

pk47 wrote:
JustaShooter wrote:Agreed, as I've stated elsewhere the way I read the Federal Gun Free School Zones Act (GFSZA), persons carrying under the unlicensed carry law when it takes effect June 13 will not be able to do so within 1000' of a school unless they are on private property not part of the school grounds or they meet one of the other exemptions.
I haven't thought about this part - if you are just driving on a street, and you pass by a school, you'd be in violation if using permitless carry?
That's how I read it, yes. I've heard some say there is an exemption for streets, sidewalks and other public access easements, but I can't find that in Federal law anywhere.
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