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Firearms and schools

Discussion in 'Legal' started by Luku, Jun 29, 2005.

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  1. Luku

    Luku Member

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    I have a question regarding having guns within 1,000 feet of a school in your own home. Is having guns with in 1,000 feet of a school in your home illegal? If it is, is a federal law that prohibits this? Or is it on a state level? I heard that the supreme court ruled the 1995 gun free school zones act unconstitutional. I have been told that they created another school gun free act in 1997.

    The reason I am asking is that I might move near a school in the future and want to know if this is true, I should look for another place to stay.
     
  2. fletcher

    fletcher Member

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    I can't answer the legal question you asked, but I would advise not living near a school if you own a number of firearms. All it would take is little Timmy's MMMother to freak out while you're carrying a rifle case out for a fun day at the range to create one hell of a hassle. IMO, if the house is on a main road where people drop off / pick up kids from school, it wouldn't be very safe.
     
  3. wdlsguy

    wdlsguy Member

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    It's a federal law. Your state may have a similar law as well.

    I used to think the Supreme Court would throw out the "new" version of this law, but I'm not so sure about that any more.

    18 USC Sec. 921
    (a) As used in this chapter -
    ...
    (25) The term ''school zone'' means -
    (A) in, or on the grounds of, a public, parochial or private school; or
    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
    (26) The term ''school'' means a school which provides elementary or secondary education, as determined under State law.
    ...

    18 USC Sec. 922
    ...
    (q)
    ...
    (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.
    ...
     
  4. JohnBT

    JohnBT Member

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    Subparagraph (A) does not apply to the possession of a firearm -
    - (i) on private property not part of school grounds;
    -in a locked container, or a locked firearms rack that is on a motor vehicle;
     
  5. benEzra

    benEzra Moderator Emeritus

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    Note that having a CCW permit helps as far as the legality of transporting a gun in your car on a public road that runs within 1000 feet of a school. (Otherwise taking a gun from your house to the shooting range could be a felony!)
     
  6. Luku

    Luku Member

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    From reading the federal law, it seems to me that it is okay to have a firearm at my potiental future house/apartment, (private property). Although, after thinking this through, the first poster raised a good point maybe I should think of moving somewhere else. It also seems to me that it is okay to take my guns on a trip that at some point may be within 1000 feet as long as they are unloaded, and locked in a secure container in the trunk.

    Disclaimer: I beleive this is the case, I'm not sure, I am not a lawyer. If you want a definitive answer consult a lawyer that specializes in this issue.
     
  7. wdlsguy

    wdlsguy Member

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    Since you are an Indiana resident, just get yourself a "License To Carry Handgun":

    http://www.packing.org/state/index.jsp/indiana
     
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