home owners property boarders a school question

[BMW RIDER]

my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.

 

[eaccents]

home within 1000' of a school

my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.

@BMW Rider: without knowing your location, it will be difficult for any of the forum members to know (or look up the state and local statutes). Please provide more information if you desire an answer from the forums.

Alternatively, call the law enforcement department in the city/town/county where your step-daughter's house is located and ask them directly. Be sure to take down info on WHO you spoke to, WHAT they told you, and WHEN the conversation took place.

Best,

 

[mrjam2jab]

while on her property you are ok...to and from her property you would need either a permit from that state or have it unloaded and in a locked cased...

(B) Subparagraph (A) shall 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) which that is—
(I) not loaded; and
(II) in a locked container, or a locked firearms rack
which that is on a motor vehicle;

 

[Unfettered Might]

my step daughters house/property boarders a school. does this mean i can't carry when i go to her house as i am within 1000' of a school, even though i am on private property and in her house.

No. But technically, you need a carry permit of some kind to drive through that same radius, although I seriously doubt you will ever have a problem with local LE giving you a hassle for it unless your actually on the school property.

If your CC, your fine. If your OC without a permit, I wouldn't take the chance of letting an officer see you. A knowledgeable LEO might try to find a reason to pull you over after you leave if he spotted you OCing.

GUN-FREE ZONES ACT: MYTH VS. REALITY - Gun Owners Of America

 

[Unfettered Might]

while on her property you are ok...to and from her property you would need either a permit from that state or have it unloaded and in a locked cased...

Are you citing from the interstate transport law? Because that does not protect you during intrastate travel.

It always amazes me how the federal government pays attention to state rights when it suits them, but completely ignores them when it doesn't.

 

[BMW RIDER]

sorry i left out my location, but i am in NY. i can walk through my back yard, through my neighbors yard and be at my step daughters house, which as i said boarders a school. i am not really worried about anyone knowing i am armed since there is no open carry in NY, but if it were discovered i was armed and on a piece of property that is within 1000ft of a school what kind of trouble would i be in? what if my step daughter had a pistol permit, her home is boardering the school, would she be in violation of the law every time she went home carrying her pistol?

 

[mrjam2jab]

Are you citing from the interstate transport law? Because that does not protect you during intrastate travel.

no...Gun Free School Zone

 

[NavyLCDR]

Post #3 above is the proper answer for the Federal law. According to the Federal law, the gun must be carried by a permit holder with a permit issued by the state the school zone is located in, OR on private property not part of the school grounds, OR in a vehicle unloaded and in a locked case.

This is New York state law, which only bans firearms possess on the PREMISES or in the building of a school and does not address an school "zone":

265.01. Criminal possession of a weapon
in the fourth degree A person is guilty of criminal
possession of a weapon in the fourth degree
when:

(1) He or she possesses any firearm,
electronic dart gun, electronic stun gun, gravity
knife, switch-blade knife, pilum ballistic knife,
metal knuckle knife, cane sword, billy, blackjack,
bludgeon, plastic knuckles, metal knuckles,
chuka stick, sand bag, sand-club, wrist-brace
type slingshot or slungshot, shirken or "Kung Fu
star"; or

(2) He possesses any dagger, dangerous
knife, dirk, razor, stiletto, imitation pistol, or any
other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against
another; or

(3) He knowingly has in his possession a rifle,
shotgun or firearm in or upon a building or
grounds, used for educational purposes, of any
school, college or university, except the forestry
lands, wherever located, owned and maintained
by the State University of New York college of
environmental science and forestry, without the
written authorization of such educational institution;

 

[mrjam2jab]

Just for the record....sure sounds to me like YOU may even live within the 1000 feet zone. If I'm not mistaken, it's 1000 feet from the school property, not the school building.

18 USC § 921 Definitions
(a) As used in this chapter—
(25) The term “school zone” means—
(A) in, or on the grounds of, a public, parochial or
private school; or
(B) within a distance of 1,000 feet from the grounds of
a public, parochial or private school.

 

[BMW RIDER]

.sure sounds to me like YOU may even live within the 1000 feet zone.

ya know, i just might

 

[S&W645]

Post #3 above is the proper answer for the Federal law. According to the Federal law, the gun must be carried by a permit holder with a permit issued by the state the school zone is located in, OR on private property not part of the school grounds, OR in a vehicle unloaded and in a locked case.

This is New York state law, which only bans firearms possess on the PREMISES or in the building of a school and does not address an school "zone":

I think the key point here would be if the property between his and his daughter allowed him to have and cross thier property, he would still be free of the Fed's rule. Private property exemption on all 3 sections of property. Might suggest getting it in writing from the other property owner though. Saves having them deny it later.

 

[Unfettered Might]

no...Gun Free School Zone

I actually spotted that yesterday and came back here to correct my own post. You are correct.