school zone question.

[Mmoritz20]

I was reading another post that said no firearms within 1000 feet of school zone per us code 18 section 921. If my private property sits next to a school zone and is within the 1000 feet does that law also include my property? I live in Ohio.

 

[luv2shoot]

USC and ORC

http://www.law.cornell.edu/uscode/search/display.html?terms=Definitions%20921&url=/uscode/html/uscode18/usc_sec_18_00000922----000-.html#q - see (q)(2)(A) and (q)(2)(B)(i)

http://codes.ohio.gov/orc/2923.12 - see (C)(1)(d)

 

[thedub88]

As the law reads, this is true if you don't have a licence issued by your state. If you have a licence your fine.

Already a thread on this
http://www.usacarry.com/forums/poli...ently-banned-under-federal-law-important.html

 

[Unfettered Might]

Doesn't apply to private property, but as soon as you pull out of the driveway....

 

[S&W645]

You are good on your own property even without a a CCW permit/license. With a CCW permit/license from your state, you can go thru the school zone without problems as long as you aren't entering the school grounds. Ohio says if you have an out of state permit from a state that has a reciprocity agreement you are good too. The Feds have a different opinion on reciprocity.

 

[thedub88]

There is a case where a women was arrested for having a firearm in her home that was within 1000' of a school zone. I'll look for the link

http://openjurist.org/480/f3d/597/united-states-v-nieves-castao

 

[B2Tall]

There is a case where a women was arrested for having a firearm in her home that was within 1000' of a school zone. I'll look for the link

480 F3d 597 United States v. Nieves-Castao | OpenJurist

I looked a little further into the case that's linked above. It appears that the woman was living in a publicly-funded housing project and was therfore not considered to be on private property (which would have made her exempt on the school-zone charge).

 

[Ace_Developer]

Great Topic

This is a great post! I always wondered the same thing and did some research on my own. I am glad what I found is backed up here. Thanks again!

 

[NavyLCDR]

With a CCW permit/license from your state, you can go thru the school zone without problems as long as you aren't entering the school grounds.

That depends upon state law. In Washington, with a CPL, I can walk right up to the door of the school building open carrying. And I have a couple of times picking up my daughter from school - no issues.

 

[eXGee11]

There is a case where a women was arrested for having a firearm in her home that was within 1000' of a school zone. I'll look for the link

480 F3d 597 United States v. Nieves-Castao | OpenJurist

I looked a little further into the case that's linked above. It appears that the woman was living in a publicly-funded housing project and was therfore not considered to be on private property (which would have made her exempt on the school-zone charge).

So not owning your resident domicile negates your right to own a firearm? Not attacking you, im attacking the policy. I don't care if my tax dollars pay her rent she should still have equal protection under the constitution.

 

[B2Tall]

So not owning your resident domicile negates your right to own a firearm? Not attacking you, im attacking the policy. I don't care if my tax dollars pay her rent she should still have equal protection under the constitution.

I don't think it was a question of owning it. 99.99% of rented apartments are still considered to be private property even though their residents don't own them. Public housing is exactly that - public property that's administered by local or state government. I don't necessarliy agree with the concept but I understand the logic. Obviously it only applied because it happened to be within the dreaded 1000'.

I'm sure the Gov was trying to nail this woman for whatever they could. If she wasn't actively involved in drug-dealing it certainly appears that she was aiding and abetting those who are (possibly unknowingly). This has "Let's make an example of her" written all over it.

 

[B2Tall]

It's important to remember that the school-zone law is a federal law. State laws are meaningless with regards to its application. The (federal) wording of the law allows for a number of exceptions. Any alterations that a state attempts to make is pointless since a federal prosecutor will simply ignore them.

 

[PaxMentis]

That depends upon state law. In Washington, with a CPL, I can walk right up to the door of the school building open carrying. And I have a couple of times picking up my daughter from school - no issues.

And in Oregon, with a CHL, you can go on through the door as long as the gun stays in your possession (a teacher got in trouble because it was in her purse in her desk drawer).

 

[NavyLCDR]

And in Oregon, with a CHL, you can go on through the door as long as the gun stays in your possession (a teacher got in trouble because it was in her purse in her desk drawer).

Well that is certainly one Oregon law I am jealous of! Actually, last time I dropped my daughter at school, it was for the homecoming dance. We were in the school parking lot and her "escort" - not really a date - was there to meet us. As I was leaving, I said, "Don't foget, JD....her dad carries a gun." He said, "I am very well aware of that, sir!"