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If you have ccw, but live next to a school??

Discussion in 'Legal' started by twoblink, Dec 25, 2003.

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  1. twoblink

    twoblink Member

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    Question,

    The "Victim Zoning Laws" as my friends affectionately calls the schools...

    If you own firearms and have a ccw, and live right next to school (Within the victim zone) are you committing a federal feloney? Or are there execeptions??
     
  2. CleverNickname

    CleverNickname Member

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    No. In fact, if your state CCW law allows it, you can carry in schools (UT and OR come to mind as two that allow this). The federal law has an exception saying this.
     
  3. twoblink

    twoblink Member

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    Really??

    I always thought you couldn't carry in places where they make more than 50% of their $$ from booze, and schools and courthouses...

    Or is that state specific?
     
  4. Ryder

    Ryder Member

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    My street runs through the local grade school parking lot half a block away. It's supposedly legal for me to drive through there. Wanna bet I take the long way around? You'd be right!

    Bad news should they ever need critical help in a hurry. As far as I am concerned they are on their own. Just the way they want it. :confused:
     
  5. EOD Guy

    EOD Guy Member

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    I live directly accross the street from an elimentary school and have no problems with the law. I am exempt while on my property and like everyone else, while passing through the school zone as long as I am not on the school property itself.
     
  6. mec

    mec Member

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    The federal 1000 foot school zone law was thrown out, by of all things, the Supreme Court, as an over- reach of the interstate commerse clause. States have their own laws. Texas has a three or four hundred feet gun free school law but it does not apply to legal carry- such as on your on property or passing through lawfully armed.

    This is fortunate because there are many communites where the school zones virtually interlock and cover the entire city.
     
  7. twoblink

    twoblink Member

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    Ryder..

    So you in fact enforce the Victim Zone.. :eek:

    Lawful passing is different then stopping on?

    I swear you need a law degree to understand half the stupid laws..
     
  8. CleverNickname

    CleverNickname Member

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    Yeah, but then Congress went and passed another law that does pretty much the same thing.
     
  9. org

    org Member

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    CleverNickname, what law are you referring to?
     
  10. CleverNickname

    CleverNickname Member

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    I'm referring to 18 USC 922(q). Read 922(q) 1c where they specifically wrote the phrase "interstate commerce" into the law to get around US v. Lopez. Of course, you could argue that just because they say this law is ok under the commerce clause doesn't mean that it is, and I'd agree with you.
     
  11. Hkmp5sd

    Hkmp5sd Member

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    State Specific.

    In Florida, unless specifically prohibited by the individual school district, even students may have firearms in their vehicles while parked on school property.
     
  12. Double Naught Spy

    Double Naught Spy Sus Venator

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    Question to vague to generate...

    relevant answers to properly answer the question.

    twoblink, if you have a CCW, then supposedly you are supposed to be aware of whatever your laws are that pertain to concealed carry, be it in regard to schools or anywhere else.

    As for the 50%, courthouses, & schools, it sounds like you are noting Texas law, in part. I don't know of other states that have the 50% (actually 51% in Texas) regulation in place. Additionally, some states definitely do allow carry on campus.

    I don't think Ryder was suggesting in the least that he supported the victim zone. He simply chooses not to enter said zones and then play hero should something go wrong there. That is his decision.

    I don't know of any states that distinguish between stopping within a school zone versus passing through it in regard to legal carry.

    I think you will find it a lot easier to understand the laws if you actually take the time to read the state and jurisdiction-relevant laws. Your failure to understand seems to stem from the perspective that you are asking a very over-generalized legal question that has no generalized legal answers that apply to all states or jurisdictions.
     
  13. carnaby

    carnaby Member

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    Seems to me that the wording indicates that they'd have to show that the crime you commited involved interstate commerce somehow, and this could not simply be assumed if someone otherwise legally has a gun in a "shool zone." Would make for a good test case for the Supreme Court, if they were sane, if an ordinary citizen was prosecuted under this law.
     
  14. El Rojo

    El Rojo Member

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    PRK law says I can carry onto school property with my CCW. Too bad I work there and my conditions of employment state otherwise.
     
  15. JJpdxpinkpistols

    JJpdxpinkpistols Member

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    in Oregon

    We have a legal limbo.

    While it is not stated in ORS statutes, most schools are posted as weapons-free zones. Yes, you heard me correctly: they are banning firearms on school property without legal jurisdiction to do so.

    The only places in Oregon you cannot carry: Federal Facilities including the Post Office, Courthouses, Police Departments, The Port of Portland facilities including the airport, and private property when posted at the entrance, and the worst thing that can happen there is that they can kick you out—and not let you come back.

    Having said that, most schools take a dim view of folks carrying on OUR property, and the ambiguity is enough that the local PD will back up the school, preferring you spend your money in court battles after the fact. They think they are keeping another Beslan at bay. Yeah…right.

    We have a senseless git named Burdick in the state legislature who constantly tries to outlaw guns on school property, and the Dems are starting to get very irritated with her…it’s the same law over and over each session. There is much talk of dropping all support for her, and I am encouraging that whenever possible.

    Of course this begs the question of: if you concealment is good, how would they know????
     
  16. dolanp

    dolanp Member

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    I've never heard or read this. Can you cite the law?

    To the topic: The Federal GFSZA, whether enforceable or not, does have an exception for private property within the 1000 ft zone.
     
  17. phoglund

    phoglund Member

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    Carrying on the property of (but not in the buildings of) schools is protected in Montana by a clever bit of Montana law passed just for the purpose of getting around the Federal Law. The Federal Law states "anyone “licensed by the state” to purchase or possess firearms" is exempt from the law. Our House Bill 332, sponsored by Rep. Bob Clark declared that everyone in Montana who was covered by our state’s constitutional right to keep and bear arms is considered to be licensed by the state pursuant to the GFSZA, and thereby exempt from the Act.

    Unfortunately, Montana law also restricts carry of firearms inside buildings owned, rented, or leased by a local, state, or federal entity which makes school buildings themselves off limits.
     
  18. CatsDieNow

    CatsDieNow Member

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    My entire property is contained within the 1000 foot radius. Does this stop me when going for a walk in the evening? We will never know... :rolleyes:

    I follow Texas law which says I can go through them with a CHL, and leave it in the car when I must go into a school building or sporting event. I think premisis is the key word in the TX law.
     
  19. wdlsguy

    wdlsguy Member

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  20. dolanp

    dolanp Member

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    Oh I see, a "sentence-enhancer" but not a gun-free zone.
     
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