School Zones

[Dokkalfar]

so i have seen this mentioned several times, in various forms:

Whether you have a gun in your car is a particularly interesting
question because of the federal "gun-free-school-zone" law prohibiting
firearms within 1,000 feet of a school. As a result, those without
permits are almost always in technical violation of the law when
traveling with firearms in automobiles.

I have seen bits of this legislation, it varies from state-to-state besides the federal restrictions. So what happens if you backyard fence also happens to be the school's playground fence? most elementary schools are placed right in the middle of a neighborhood...

 

[SMMAssociates]

Dokkalfar:

The Federal rules don't apply to your property. Just stay on your side of the line if armed.

If you're a "licensee" (CWP, CHL, whatever) and in your home state (the Jury's out on that one), the Federal restrictions don't apply to the streets around the school, but your State may restrict you there. The Federal law appears to also permit "parking lot" carry - dropping the kids off or whatever (again, if you're licensed in the state), but some States have restricted that.

Ohio now allows you to pick up and drop off your kids, although getting out of the car is semi-undefined. ("Don't go in the building" looks sufficient.) Interestingly, if you're a Teacher or other staffer, you can't leave your weapon in your vehicle, nor can your spouse, significant other, or neighbor, have a gun in the vehicle while picking up or dropping YOU off....

AFAIK, the Federal restrictions primarily passed to restrict drug and gang activity, but were extended to discriminate against Law Abiding citizens....

We have a cute one in OH - you can't carry at a "school activity", although you can leave it in the car if you're not on school property. However, being at an otherwise unrestricted venue (like a ballfield on the end of a dead-end street) and having a School Bus pull up and disgorge munchkins becomes a school activity.... Poof, you're a felon.... (I'm not sure if you can lock the gun in your car v.s. grab up the family and put out the picnic fire....)

Regards,

 

[Dokkalfar]

hmmm.. well im in TX so it might be different. I do know that for post-secondary, state law prohibits firearms inside buildings. and thats it. i was just wondering how that buffer zone worked for schools closer to neighborhoods. TX doesnt require licenses for anything except dealers or CCWs. so as per say a longgun, whose only restrictions are essentially 18, then no courts, polling areas, racetracks, secure airport areas, etc. the school zone isnt listed in TX code that i could find. I am more intereted in exceptions federal law makes for firearm owners.

 

[MarkDido]

I never understood some of the ridiculous retrictions on concealed carry. Here in Florida, I would be committing a felony if I went into Outback and sat down at the bar. But I can sit in a booth 8 feet away, and be perfectly legal.

 

[Dokkalfar]

FL limits areas of restaurants? are you sure the law doesnt just mean the business as a whole?

 

[Prince Yamato]

hmmm.. well im in TX so it might be different.

In Texas, you cannot carry on school premises, which is defined as a building or grounds where school or school-related activity (ie, sports game, choir competition, etc.) is taking place.

Roads, parking garages, sidewalks, are not premises. Basically, if you stay out of the building you are fine.

A playground could constitute an area where school-related activity (recess) is taking place. Similarly, if a professor is holding class outdoors and is occupying the sidewalk, you should make a reasonable attempt to move away from the "school related activity."

 

[SMMAssociates]

Johnny Dollar:

IANAL, but I believe that the 51% rule would most likely be interpreted as the building itself, not particular areas therein. Or at least for the purpose of going to the restroom.... 'Course, stranger rules than that exist....

Here in OH, restaurants that serve are entirely off limits (but not unposted parking lots) and "school premises" appears to include the parking lots, driveways, etc.

So, in the case of "people causing trouble at a bar", the first guy to go out and get his gun to wait for you OUTSIDE the entrance is the winner....

Regards,

 

[luzyfuerza]

The federal "gun-free-school-zone" law was struck down by the Supreme Court years ago:

http://law.jrank.org/pages/12812/United-States-v-Lopez.html

I understand that some in Congress may be making another run at this concept

http://gunowners.org/fs9611.htm,

but please, try to do a little research before you take something you heard on an internet forum as reliable legal advise (the present post being specifically included in this recommendation).

 

[cbrgator]

luzyfuera beat me to it. There are no federal gun free zones. The SCOTUS held that Congress has no power to create a gun free zone. Your state may have its own rules so check on that.

 

[SMMAssociates]

Johnny Dollar: Does sound like "just the bar".... It's all pretty silly....

Here, we had a City Ordnance against driving into the downtown area, which really is "down" - it's in a deep river valley, without enough fuel to get back out again.... I expect that one's off the books by now, but then again....

My vote is still to not worry about going to the john.... Just don't belly up, and it might be wise to sit in another portion of the facility. I believe that the real prohibition is intended to keep you entirely out of the bar if that's all the place is. If it's a restaurant with a "go sit in the bar until your table's ready" sort of bar (which, of course, can really be a bar ), it's probably irrelevant unless you actually use the bar.

(Various states have different rules, but actually drinking while carrying is often far more verboten than just carrying, even if you shouldn't be there at all.... The whole thing is a "feel good" anyway.)

Regards,

 

[SMMAssociates]

Whoops.... Dupe'd all over the place.... Sorry....

 

[SMMAssociates]

Whoops.... Dupe'd all over the place.... Sorry....

 

[SMMAssociates]

Whoops.... Dupe'd all over the place.... Sorry....