Ccw holder traveling past schools in states where ccw holder is not resident

[gunman1950]

A question to anyone who can answer it

as a resident of nevada i am exempted from the restriction of

carrying within 1000 feet of a school.

I can drive past schools on the roads to get where i have to

go.

Here is the question

under federal law lets say as a nevada resident with a nevada

permit when i travel in other states that honor my permit, am i

exempted from the 1000 foot restriction there also?

 

[S&W645]

A question to anyone who can answer it

as a resident of nevada i am exempted from the restriction of

carrying within 1000 feet of a school.

I can drive past schools on the roads to get where i have to

go.

Here is the question

under federal law lets say as a nevada resident with a nevada

permit when i travel in other states that honor my permit, am i

exempted from the 1000 foot restriction there also?

Will the states do anything? Big question. By Federal Law, you just broke the law. By their reading of the law you only are legal in a state that issues you the permit.

 

[gregory44mag]

This is how I understand this law, If you are ccing out side your state of issue regardless of reciprocity with your state, this federal law applies to you. Again this is how I understand it and I may be wrong. Just make sure that when you travel outside your state that you are obeying the speed limits. Just another way for the federal gun grabbers to infringe on our second ammendment rights. Does any one else have any info on this law?

 

[Shoegoo]

It would be helpful if someone would quote the fed law that is in question. And why have reciprocity if the federal law over rules the state law? And what's with the caviate about speed limits? Are there federal cops out there checking on speed limits?

 

[father-of-three]

This law must have been written by a New Jersey politician, so a judge who hates guns can convict you for being 999 feet from school property. The law gets kind of vague here.

Here's a letter from the ATF that seems to clarify things a bit, following the safe and sound advice of S&W645.

Link Removed

 

[S&W645]

It would be helpful if someone would quote the fed law that is in question. And why have reciprocity if the federal law over rules the state law? And what's with the caviate about speed limits? Are there federal cops out there checking on speed limits?

The problem for us who CC out of state is that some LEOs even though locals, also have Federal training and powers. The Maricopa County Arizona Sheriff ran afoul of the Feds as he was enforcing Fed Immigration Laws that they didn't want enforced. So they took his Fed powers away.:wacko:

 

[crappiekiller2]

http://www.gunlaws.com/Gun_Free_School_Zones_Act.pdf

Drive the speed limit to lessen your chance of being stopped and arrested for violating the Fed gun rules.

 

[CathyInBlue]

That's one of those questions of A) Do the local police want to make political points with the feds, and B) Do you you want to give them the space they need to make that decision?

 

[Eagle2009]

under federal law lets say as a nevada resident with a nevada

permit when i travel in other states that honor my permit, am i

exempted from the 1000 foot federal restriction there also?

No, you are not exempt from the Federal Gun Free School Zones Act of 1995 unless you have a carry permit physically issued by the State in which the school is located. If you are convicted of violating the law, you will be punished with a 5-year federal prison term for every school zone you are caught violating. The law requires that the sentences run "consecutively." Therefore, if you are caught violating four school zones, you will be sentenced to a maximum 20 years in federal prision, and any conviction will bar you from legally possessing firearms for the rest of your life. The Federal Gun Free School Zones Act of 1995 is Title 18 U.S.C §922(q)


There is an ongoing discussion on USA Carry regarding this law. I will link you to it:

http://www.usacarry.com/forums/poli...ently-banned-under-federal-law-important.html

Link Removed




Link Removed

 

[Shoegoo]

Technically there are a lot of people living within these school zones as well as people traveling through them every minute of every day.

 

[S&W645]

Technically there are a lot of people living within these school zones as well as people traveling through them every minute of every day.

Those that live within the 1000 ft GFZ are exempt while on their property. Step one foot off without the permit for that state/local jurisdiction and you are in violation. Sooner or later this will result in a test case for the Supreme Court, again.

Remember, gov't will violate the law until they are forced to change by a court.

 

[jg1967]

Sadly you are absolutley correct, you are NOT excempt. If the local LE feels like it they could haul you off. I am in that exact situation since I have a Utah permit but live in NC. Then again, so is anybody else travelling in the US outside his issuing state. The fact that it seems that nobody got jailed yet gives me some hope that most local LE will scale this nonsense back to size by only enforcing it if somebody is actually doing something with the firearm like threatening somebody or waving it around. But I feel deeply uneasy about leaving something like this to the discretion of local police, no offense. What if they simply don't like the fact that you don't have "their" permit and make it an issue?

 

[Tomhusker]

This is probably one of the most misguided statutes that I have ever heard of. Traveling on rural US highways can lead you past schools before you are even aware that there is a school near by.
While going through my CCW class in Iowa several years ago, the County Sheriff told us "If you are just passing through the school zone you shouldn't have any problems."

 

[jg1967]

If the law just said you can't enter school grounds it would be fine but the 1,000 feet zone is not practical given that somebody travelling a lot would have to acquire permits from every state he crosses a school zone in and most states don't even issue non resident permits. This law is either incredibly dumb because not thought thru or incredibly clever cause it effectively nullifies reciprocity (ie a law made by the gun haters).

I agree that most local LE will probably ignore this nonsense but what if you come across that one officer who just doesn't like your face?

 

[Eagle2009]

This law is either incredibly dumb because not thought thru or incredibly clever cause it effectively nullifies reciprocity (ie a law made by the gun haters).

This law was written by U.S. Senators Kohl, Specter, Feinstein, and Lautenberg.


Not only does this law effectively nullify reciprocity, it also effectively nullifies all unlicensed carry in the country.

 

[NavyLCDR]

It would be helpful if someone would quote the fed law that is in question. And why have reciprocity if the federal law over rules the state law? And what's with the caviate about speed limits? Are there federal cops out there checking on speed limits?

18 USC 922 (q)(2)(A):
Link Removed

(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;

 

[dregnery]

School Gun Free Zones

Can anyone help by providing any state specific statutes which allow exemptions for conceal carry holders to possess on school ground?

I understand that federal allows this if there is a state law. I need any and all state statutes.

Fed law states: exception to GFSZ where 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. 18 D.S.C. § 922 (q) (2) (B) (ii)

 

[Unfettered Might]

IMO, since the SCOTUS ruled in DC vs Heller that the 2A does guarantee the right to keep and BARE arms, that any case that goes to federal court over being within 1000 feet of a school, but not on school property, would result in acquittal.

Oxford Dictionaries Online, a dictionary of modern English, defines the phrase To bear arms as "carry firearms". The on-line Merriam-Webster's Collegiate Dictionary defines 'bear arms' as "to carry or possess firearms". In District of Columbia v. Heller, the U.S. Supreme Court used this common meaning of the phrase by stating, "If bear arms means, as we think, simply the carrying of arms".

We just haven't had a test case yet, but I think one could win this one even with self representation, it's just so blatantly defined by the SCOTUS already.

 

[father-of-three]

This law was written by U.S. Senators Kohl, Specter, Feinstein, and Lautenberg.


Not only does this law effectively nullify reciprocity, it also effectively nullifies all unlicensed carry in the country.[/QUOTE

I was right! A New Jersey Congressman was involved!

 

[mrjam2jab]

Those that live within the 1000 ft GFZ are exempt while on their property. Step one foot off without the permit for that state/local jurisdiction and you are in violation. Sooner or later this will result in a test case for the Supreme Court, again.

Remember, gov't will violate the law until they are forced to change by a court.

Unless it is unloaded and stored.