Possible CCW exceptions to the Gun-Free School Zones Act


Babooshka

New member
I was reading an article about a man legally open carrying in Michigan when he picked up his kid. I guess it's legal there. So I wondered what other kinds of exceptions there might be to the law. I found this:

Gun-Free School Zones Act

[18 U.S.C. § 922(q)(2)(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;


Does anyone know what type of permit that is? The only info I could find was on here: Gun Laws By State

"Another exception to the school zone provision of the U.S. Code is if the person possessing the firearm is Licensed by the state in which the school zone is located.

However this applies as long as the laws related to licensing require that, before an individual obtains such a License, the law enforcement authorities of the state verify that the person is qualified under law to receive the license (i.e., “proper person,” “good character and reputation,” and “proper reason”) and the general prohibition rule does not apply to possession of a firearm."

Does that sound right? And is there any information on how many of these permits are issued, and in which States? What exactly are the requirements for such a permit? It would seem like a good type of permit to push for if it is allowed in Gun Free Zones.

I appreciate any info!

Thanks,

Babooshka
 

Firefighterchen

OC for Tactical Advantage
The permit they are speaking of is the ccw, chl, cpl, or whatever the state calls their infringing permit to carry (usually concealed, but can be open as well).

In Washington, concealed carry is infringed with permission slips, open carry is not. To open carry in a gfsz I would still need a permission slip. The permit in WA is around $50 (finger prints and background check), that's it.

No permits should be pushed onto the People...we should be trying to repeal the gfsz and the permit systems...not adding to it.

Sent from my HTCONE using USA Carry mobile app
 

Axeanda45

Banned
The only "gun free zone" this is talking about is School zones, dont confuse yourself there Babooshka....
 

whodat2710

New member
They are also talking about school "zones" not school grounds in the part you have in bold. This is to prevent a LEO on a power trip from trumping up a speeding in a school zone ticket to a federal gun charge because you are carrying.
 

stewie-Y

New member
In Utah, once you get your Concealed Carry Permit you can carry a handgun concealed or openly in any government funded public school, from elementary schools to universities.
 

NavyLCDR

New member
Does that sound right? And is there any information on how many of these permits are issued, and in which States? What exactly are the requirements for such a permit? It would seem like a good type of permit to push for if it is allowed in Gun Free Zones.

I appreciate any info!

Thanks,

Babooshka

As stated earlier, the permits are just the CCW permits/licenses issued by the states. Keep in mind, though, that the permit only exempts you from the school zones in the same state that issued the permit. Reciprocity is not valid/does not count for this exception. For example my Washington CPL will not exempt me from school zones in Wyoming even though Wyoming recognizes the Washington (and all other) CPLs. So, by the letter of the law, if I chose to follow it, I would have to stop and unload my gun and lock it in a case anytime I came within 1000 feet of a school in Wyoming. I have never heard of anyone actually paying attention to this law, though.
 

Babooshka

New member
As stated earlier, the permits are just the CCW permits/licenses issued by the states. Keep in mind, though, that the permit only exempts you from the school zones in the same state that issued the permit.

Thanks for the information. That still seems like a pretty big exception, especially since many shootings happen on school grounds. I guess I always listened to and believed those who said that gun free zones stopped people from conceal carrying and that if more conceal carry were available, we would be having less shootings/number of victims. That seems like it was the common response in these discussions. I'm glad to see that CCW is allowed in these zones and think that people would spread that information, instead of falsely claiming that CCW is banned there, since that not only doesn't help spread the truth that CCW is allowed, it also serves to misinform the public. I guess there's always something new to learn! Thanks!
 

NavyLCDR

New member
Thanks for the information. That still seems like a pretty big exception, especially since many shootings happen on school grounds. I guess I always listened to and believed those who said that gun free zones stopped people from conceal carrying and that if more conceal carry were available, we would be having less shootings/number of victims. That seems like it was the common response in these discussions. I'm glad to see that CCW is allowed in these zones and think that people would spread that information, instead of falsely claiming that CCW is banned there, since that not only doesn't help spread the truth that CCW is allowed, it also serves to misinform the public. I guess there's always something new to learn! Thanks!

State laws may be more restrictive than Federal laws. There are some states that prohibit all firearms on school grounds regardless of if the person has a license/permit or not. The fact is that these laws do keep law abiding citizens from carrying firearms on school grounds which makes it easier for the criminals to shoot more victims before the police can respond. Restrictions on where law abiding citizens can carry firearms do nothing to make anyone safer because only they only affect those people who will obey the law. If a person is going to go somewhere with a gun and shoot as many people as they can - which is already illegal to do so - are they really going to stop at the "no guns" sign and sigh to themselves and say, "Oh well, there goes that plan guess I'll have to go get a cup of coffee at McDonald's."
 

MDT

New member
In Texas, if you have a CHL, you may carry when you pick up your child BUT you may not enter the premises (building). Without a CHL, you may not be within 1000 feet of the school.

Sent from my SPH-L720 using USA Carry mobile app
 

topgun47

New member
The way the Michigan law is written, a parent or guardian may CC in the school parking lot to pick a kid up with a valid CPL (concealed pistol license). The parent cannot conceal carry outside of the vehicle, but is allowed open carry, but only with the CPL. A parent or guardian without a CPL is only allowed to transport a gun unloaded, encased and in trunk or out of reach while on school grounds.

The Michigan doesn't make much sense, but it is what it is.
 

sdprof

Active member
This is a topic that should be up to the states, strictly the states, and only the states. The federal GFSZA is just a pile-on kind of thing, meant to appease the anti's once upon a time.

Does it serve any real purpose? NO. Is anyone ever busted just for violating that law? Seldom, approaching never.

It should be repealed. Failing that, the permit holder exception should apply to any permit recognized by the state.
 

Axeanda45

Banned
This is a topic that should be up to the states, strictly the states, and only the states. The federal GFSZA is just a pile-on kind of thing, meant to appease the anti's once upon a time.

Does it serve any real purpose? NO. Is anyone ever busted just for violating that law? Seldom, approaching never.

It should be repealed. Failing that, the permit holder exception should apply to any permit recognized by the state.

Actually, it has already been decided, a long long time ago..... and it is the supreme law of the land, even though nearly 100% of the "government" ignores it, it is called the 2nd amendment...
 

whodat2710

New member
The way the Michigan law is written, a parent or guardian may CC in the school parking lot to pick a kid up with a valid CPL (concealed pistol license). The parent cannot conceal carry outside of the vehicle, but is allowed open carry, but only with the CPL. A parent or guardian without a CPL is only allowed to transport a gun unloaded, encased and in trunk or out of reach while on school grounds.

The Michigan doesn't make much sense, but it is what it is.
And the OP was specifically asking about a title in the US Code. Every state has different particulars.
 

whodat2710

New member
This is a topic that should be up to the states, strictly the states, and only the states.
Actually you have it bass-ackwards. There should be NO state laws regarding guns. The 10th Amendment forbids it because it is already covered as a Federal issue. States or the people are responsible for "The powers not delegated to the United States by the Constitution..." Guns are on that short checklist of powers. The fact that Federal gun laws are unconstitutional is another story.
 

NavyLCDR

New member
Failing that, the permit holder exception should apply to any permit recognized by the state.

The exception should be for any person that can lawfully possess/carry that firearm outside the 1000' school zone. Like National Parks. If the government really wants to make schools secure, they should do something more than just put up a sign that says "secure school zone - no guns allowed".
 

Members online

Forum statistics

Threads
49,437
Messages
623,667
Members
74,275
Latest member
zxclord123
Top