Federal Gun Free School Zone trumped by In-State Carry Permit?

[bushmaster1313]

Am I correct that 18 USC Sec. 922(q), the Federal gun free school zone law does NOT apply to persons with a valid carry permit issued by the state where the school is located and the state was required to investigate before issuing the permit.

I think this means that according to at least Federal law, teachers and other staff with the right carry permit could carry a concealed weapon at their schools (provided they also complied with any state and local laws as well)

YMMV so consult with an attorney in your state and before you even think of doing this.

From 18 USC Sec. 922(q),

(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;

 

[smalls]

Correct.

In MI, we can open carry on school property with a CPL.

 

[bushmaster1313]

I have seen a letter from BATFE which states that someone from a state, let's say Pennsylvania, with a valid Pennsylvania carry permit, cannot rely on the Pennsylvania carry permit to avoid the Federal Gun Free School zone statute in another state that honors the Pennsylvania permit.

Be careful out there

 

[Carl N. Brown]

The quoted language is: "if the individual possessing the firearm is licensed to do so by the State in which the school zone is located".

When GFSZA was passed in 1990, my home was (and is) within 1000 feet of a school, definition of a School Zone under the Act.
Exemptions that apply also include:
* on private property;
* unloaded gun in locked case off the private property within the GFSZ (range or hunting trip).
'Twas still one incentive to get a carry permit when Tennessee went shall-issue.

 

[dogtown tom]

bushmaster1313 Am I correct that 18 USC Sec. 922(q), the Federal gun free school zone law does NOT apply to persons with a valid carry permit issued by the state where the school is located and the state was required to investigate before issuing the permit.

From 18 USC Sec. 922(q),
....(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...

Didn't you just answer your own question?

 

[bushmaster1313]

Could have been something else I was not aware of or could be reading it wrong or could be case law going the other way

Also, if anyone with a carry petit can carry in a gun free school zone, why do we call them that?

 

[Frank Ettin]

The question has been answered.