Im moving to Texas-License from Indiana
- Thread starter GW1976
- Start date
In order to legally carry (according to Federal law) a loaded gun on public property within 1000 feet of school premises in any state other than the state that issued your permit (in your case, Indiana), you must have a permit issued by the state that school is located in. So, in order to comply with Federal law you have two choices, in any state outside the state of Indiana you can stop anytime that you have reason to believe you are within 1,000 feet of a school and unload your gun and place it in a locked container - or you can obtain that state's permit. Bet the didn't teach that in your CCW class...
Your Indiana permit will have no affect on you obtaining the Texas permit.
https://www.law.cornell.edu/uscode/text/18/922
18 U.S. Code § 922 - Unlawful acts
(q)
(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;
18 U.S. Code § 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.
Your Indiana permit will have no affect on you obtaining the Texas permit.
https://www.law.cornell.edu/uscode/text/18/922
18 U.S. Code § 922 - Unlawful acts
(q)
(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;
18 U.S. Code § 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.
The NICS check is not required.
Section (a) sounds like this is talking about interstate transport. That makes sense for a federal law. Does not make sense if you are talking about a Texas citizen carrying concealed in the state of Texas with a permit from another state that is honored in the state of Texas.
This Federal law has nothing to do with a person that legally owns his hand gun and has a recognized CHL for the state they live in, or has a permit from another state that is recognized by their state to legally travel with in 1000 feet of a school. Your trying to tie a federal law on selling transporting weapons illegally. Apples/oranges
Whether a resident of TX is allowed to carry a concealed handgun within the state of TX on a license issued by another state (via reciprocity agreements) is a matter of TX law.
But carrying within 1000' of a school is prohibited by federal law, as NavyLCDR quoted, unless you are licensed by that state in which the school is located. The GFSZA is clear on this.
Yes, you don't have do the "Instant check." Also, I think there is a six month waiting period from the first day you move here until you can get you CHL. Also, January 1st, open carry takes effect, if you have a CHL.
So this means anywhere out side your home state in every state that accepts your carry permit you can't get within 1000 feet of a school. If this were true your carry permit would be worthless outside your own state. That's over 3 football fields. Every school in this country is located closer then 3 football fields from a main road or highway.
By federal law, this is a true statement. And the GFSZA is another one of those ridiculous, and for all practical purposes, unenforceable laws.
But note that it is very rare for local law enforcement to arrest for violation of federal laws, or to call in the "Feds," unless a person caught breaking the 1000' zone was also involved in something far more serious at the time, thereby warranting federal involvement.
You can take this a step further. In Kansas they allow constitutional carry so no state issued carry permit so every citizen in the state of Kansas would be in violation of this federal law if they got within 1000 ft. Of a school carrying concealed but Kwc is right I doubt the FBI wants to get involved. When I was a Kansas LEO if we pickup a person from KCMO that had a outstanding warrant non felony, we would call KCMO and ask them if they wanted to send an officer over the state line to pick them up. If they said yes we would hold them fr an hour after that we let them go. Most of the time they would say they had no one available and we would let them go. I hope the FBI has more important things to do then hassle citizens.
To directly address the OP's question, there are four issues to consider. Similar questions often arise here, and you could substitute any two states for IN and TX and answer the same questions.
1. Gun-Free School Zone Act (discussed above): Suggests to me getting a TX license makes the most sense.
2. Does TX recognize IN licenses issued to nonresidents? Yes--TX has reciprocity with IN, regardless of residency. Here's the agreement:
Link Removed
3. Is your IN license valid once you are no longer an IN resident? I'm not sure, but you should research this. IN only issues to nonresidents who have a business or property in IN. That doesn't mean your license will be revoked immediately when you become a nonresident, but it might. It might also remain valid until it expires. Check with the ISP.
4. Does TX allow its residents to carry on a license from another state? I don't see anything in the statutes that prohibit this. There could be case law that addresses this. We took a brief detour to discuss this in another thread that might be worth reviewing. Note another poster didn't agree with my interpretation. Review it and form your own conclusion. Start with post 29 here:
http://www.usacarry.com/forums/concealed-carry-discussion/53204-terrorists.html
Best advice I can offer is to simply get the TX CHL if you intend to become a resident there.
1. Gun-Free School Zone Act (discussed above): Suggests to me getting a TX license makes the most sense.
2. Does TX recognize IN licenses issued to nonresidents? Yes--TX has reciprocity with IN, regardless of residency. Here's the agreement:
Link Removed
3. Is your IN license valid once you are no longer an IN resident? I'm not sure, but you should research this. IN only issues to nonresidents who have a business or property in IN. That doesn't mean your license will be revoked immediately when you become a nonresident, but it might. It might also remain valid until it expires. Check with the ISP.
4. Does TX allow its residents to carry on a license from another state? I don't see anything in the statutes that prohibit this. There could be case law that addresses this. We took a brief detour to discuss this in another thread that might be worth reviewing. Note another poster didn't agree with my interpretation. Review it and form your own conclusion. Start with post 29 here:
http://www.usacarry.com/forums/concealed-carry-discussion/53204-terrorists.html
Best advice I can offer is to simply get the TX CHL if you intend to become a resident there.
The ATF disagrees with you:
http://www.handgunlaw.us/documents/batf_school_zone.pdf
I'm just presenting the factual information so people can make informed decisions. One must not confuse "not enforced" and "doesn't make sense" with "not illegal". It is illegal to carry a loaded gun on public property within 1000' of a school in any state other than a state that has actually issued you a license with the same state's name on it as where the school is located. It doesn't make sense and it is not enforced, but still illegal.
