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

Discussion in 'Legal' started by Ironbarr, Sep 10, 2004.

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  1. Ironbarr

    Ironbarr Member In Memoriam

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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.
    http://uscode.house.gov/uscode-cgi/...ls) AND ((18) ADJ USC):CITE #hit0000

    Act Now!

    -Andy
     
  2. Graystar

    Graystar Member

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    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.
     
  3. Telperion

    Telperion Member

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    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".
     
  4. Goet

    Goet Member

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    In UT, it is perfectly legal to carry in schools. :)
     
  5. JoshM14

    JoshM14 Member

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    Same in OR if you have a CCW.
     
  6. nhhillbilly

    nhhillbilly Member

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    Same as NH if you have a permit if not open carry is legal.
     
  7. Ironbarr

    Ironbarr Member In Memoriam

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    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
     
  8. txgho1911

    txgho1911 Member

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    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.
     
  9. DCR

    DCR Member

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    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.
     
  10. Roc_Kor

    Roc_Kor Member

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    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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