Reciprocity Doesn't Count. Please Help Me Fix It

[Smitty79]

The Omnibus Crime Control act of 1990, restricts carry of firearms within a 1000 ft of a school. One of the exceptions is if you have a concealed carry license issued by the state the school is in. Per this link, BATFE doesn't believe reciprocity meets this requirement.

http://www.handgunlaw.us/documents/BATFLetterONGFSZ2013.pdf

You can hardly drive anywhere without going within 1000 ft of a school. A trucker with a Utah license, driving through Denver on I25 is breaking the law, even though his Utah license is honored in Colorado.

I live in Oregon. My senators make Bernie Sanders look conservative. My representative is about the same.

Does anyone have a strong pro 2A senator or representative I could bring this up to? I'm pretty sure that this is something that we could get though. The President might even sign it.

 

[Red Wind]

It's been this way since 1995. Even when we had a GOP dominated Congress and a GOP President, nothing changed with the asinine BATF ruling, which of course, makes absolutely no sense, other than make us submit to even more Government control.

I've sent countless letters and emails, to countless supposedly A rated (gun wise) politicians to no avail for countless years. I hope I live long enough to see it overturned.

 

[hso]

Smitty,

Have you contacted the NRA-ILA about this?

 

[Smitty79]

Great idea HSO.

 

[Artofgolf]

...Does anyone have a strong pro 2A senator or representative I could bring this up to? ...

The only Senator that's from out West which comes to mind is Mike Lee (UT).
Here's a link to his 2A issues outlined on his website: http://www.lee.senate.gov/public/index.cfm?p=gun-rights

Good luck! AoG

 

[mljdeckard]

Mike Lee is very much on our side about this. However, I doubt he is in much of a position to do much about it right now.

When I teach Utah CCW classes, I point out, Utah honors all permits from all other states, and extends the same rules to out of staters as it does to Utah permit holders, but permission to carry in or around a school is regulated by federal law, and it states you must be permitted by the state in which you are standing. Also, That state must allow carry in schools. (There aren't many that do.)

 

[JohnKSa]

One other fairly serious problem with this law is that it makes it illegal to discharge a firearm within 1000 feet of a school. Although it provides an exception for private property, it does NOT provide an exception for discharging a firearm in lawful self-defense on public property.

That creates the potential for a person to shoot someone lawfully in self-defense on public property within 1000 ft of a school and be exonerated in the shooting but still be charged under 18 U.S.C. § 922(q)(3)(A) for discharging a firearm too near a school.

18 U.S.C. § 922(q)(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.

...
Pursuant to 18 U.S.C. § 922(q)(3)(B):

[18 U.S.C. § 922(q)(3)(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.​

 

[230RN]

A trucker with a Utah license, driving through Denver on I25 is breaking the law, even though his Utah license is honored in Colorado.

I seem to recall there are exemptions in that law pertaining to driving past the school within 1000 feet without stopping, and for firearms owners' residences within 1000 feet.

Someone berate me if I'm wrong.

But it's still another dumb fuzzy-feely law anyhow and I agree it should be repealed.

Along with about 20,000* other laws which infringe on a clearly enumerated and simply written fundamental civil right, which has been incorporated to the States.

Terry, 230RN

* That's the number I keep hearing, but I never counted them all up myself, so take it cum granis salis.

 

[trentcwwilson]

Boy I'm glad I live in tennessee. I never thought I'd see a school system allow carrying if said person has a permit. Then again, it's not technically carry. Has to be in a locked vehicle.