School gun carry/possession is a STATE, not Federal issue. Change your state law.

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Ironbarr

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Since the Russian school debacle we now have renewed interest in our own very soft targets. We have some threads here speaking to this.

Remember the 1000-foot rule? How could it possibly work when many schools are on heavily traveled roads? A gun passing through that zone would be illegal. (Actually, we in Virginia have today a City Manager (Falls Church) trying to use that rule to eliminate carry in public buildings - it will fail. But I digress.)

Many of us believe that it is a Federal law that keeps us from carry in and around schools - It is NOT; it is STATE law. Yes... that is correct! And (I'd expect - and hope) it is somewhat easier to change state law than Federal.

A partial quote from 18 USC Sec. 922

01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 44 - FIREARMS

-HEAD-

Sec. 922. Unlawful acts

-STATUTE-
.............................

18 U.S.C. § 922 (q)(2)(B)(ii) to be exact.
(I) the Congress has the power, under the interstate commerce

clause and other provisions of the Constitution, to enact

measures to ensure the integrity and safety of the Nation's

schools by enactment of this subsection.

(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.

(3)(A) Except as provided in subparagraph (B), it shall be

unlawful for any person, knowingly or with reckless disregard for

the safety of another, to discharge or attempt to discharge a

firearm that has moved in or that otherwise affects interstate or

foreign commerce at a place that the person knows is a school zone.

(B) Subparagraph (A) does not apply to the discharge of a firearm

-

(i) on private property not part of school grounds;

(ii) as part of a program approved by a school in the school

zone, by an individual who is participating in the program;

(iii) by an individual in accordance with a contract entered

into between a school in a school zone and the individual or an

employer of the individual; or

(iv) by a law enforcement officer acting in his or her official

capacity.

(4) Nothing in this subsection shall be construed as preempting

or preventing a State or local government from enacting a statute

establishing gun free school zones as provided in this subsection.
http://uscode.house.gov/uscode-cgi/...ls) AND ((18) ADJ USC):CITE #hit0000

Act Now!

-Andy
 
Wasn't that law declared unconstitutional? I think a judge ruled that attempted use of the interstate commerce clause to be bogus. I'll see if I can find out more...

Currently, I don't think there's ANY federal law on the possession of firearms in a school zone.
 
It was declared unconstitutional in the Lopez case. Congress then threw a hissy fit and passed the same law again but added that first paragraph, so as to say "it affects interstate commerce because we say so".
 
Good on you, guys... I'm making a list of school carry states to forward to VA Assembly - keep them coming.

And thank you for your interest.

-Andy
 
Part time and full time

State legislators are split between full and part time legislators. Currently Indiana is hearing noise to give the state reps a 150% raise to maybe make it worthwile for regulars to run instead of just those lawyers and retirees and house wives who are currently the ones in office.
This and many other oportunities are open accross the country. States decide what is taught in school. Intelectual honesty and politicaly correctness is killing this country.
All this and so many places here an honest protective parent or friend cannot carry for anyones defense and especialy not at a school.
 
You're mostly right: Every state has some sort of "unauthorized carry on school property prohibited" statute.

The reason? To be eligible for the federal money for Title I - VI funds and federal funds for special ed programs, and any and all other school-related federal programs, a state must have some sort of statute on the books.

That's a whoppin' huge amount of $ in many states; they bleat quietly in the pillow-bitin' position and take it'cause they don't want the dollar faucet turned off.

Sorry for the graphic; It's always bothered me. The strings to federal $, which have been enacted and supported by BOTH of the major political parties, are strangling the states.

Just my $.02.
 
I would love to see VA start loosening its school gun laws. If my Dad wants to legally carry in my school (he's got a permit for concealed carry), he should be able to. I only wish I could carry in my school! :D (never gonna happen, too young to posess a handgun let alone in school. :( )

I can dream, though.
 
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