In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Gun Free Zone?

scottm21166scottm21166 Member Posts: 20,723
edited December 2007 in General Discussion
DO you live within 1000 feet of a school? did you know federal laws have created gun free zone 1000 feet around a school.
tecnically, a federal officer couls arrest anyone possesing a firearm in this zone. Walking by, driving by even living by a school with a gun is a federal crime. this law was overturned by the supreme court in 1995 but reinstated by congress in 1996 and has faced no challenge since then.
Certain cities have so many schools it would be impossible do get a gun from point a to point b without crossing thru a school zone and thus commiting a felony.... every time I go hunting I drive right by at least three schools.
Im a bad man

Comments

  • yawarakaiyawarakai Member Posts: 2,688 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by scottm21166
    DO you live within 1000 feet of a school? did you know federal laws have created gun free zone 1000 feet around a school.
    tecnically, a federal officer couls arrest anyone possesing a firearm in this zone. Walking by, driving by even living by a school with a gun is a federal crime. this law was overturned by the supreme court in 1995 but reinstated by congress in 1996 and has faced no challenge since then.
    Certain cities have so many schools it would be impossible do get a gun from point a to point b without crossing thru a school zone and thus commiting a felony.... every time I go hunting I drive right by at least three schools.
    Im a bad man


    I think the law states that driving on the road by the school is not a violation and private property such as a house does not constitute part of the gun free zone. The FFL I deal with lives right next to a school.
  • jimkanejimkane Member Posts: 1,534 ✭✭✭✭✭
    edited November -1
    I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?
  • scottm21166scottm21166 Member Posts: 20,723
    edited November -1
    I should look it up...the news report I just saw had an author who is a gun rights activist and may have been exagerating. but he said what I wrote
  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    quote:Im a bad man

    I been knowing that. Keep up the good work![^]
  • chollagardenschollagardens Member Posts: 4,614 ✭✭✭
    edited November -1
    jimkane said...."I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?"

    I hope not. Lassen Community College at Susanville California has a gunsmithing school.
  • tysonagreentysonagreen Member Posts: 857 ✭✭✭✭
    edited November -1
    quote:Originally posted by jimkane
    I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?


    I believe the law only applies to K-12 but I'm willing to bet the school has a rule against it, so don't let anyone at school know about it.
  • nunnnunn Forums Admins, Member, Moderator Posts: 36,085 ******
    edited November -1
    "Gun free" does not mean you can't carry guns within that zone. It means that certain crimes can be enhanced if committed while armed within that zone. "Drug free" means the same thing.
  • scottm21166scottm21166 Member Posts: 20,723
    edited November -1
    quote:Originally posted by nunn
    "Gun free" does not mean you can't carry guns within that zone. It means that certain crimes can be enhanced if committed while armed within that zone. "Drug free" means the same thing.

    That what I thought.....
    According to the guy (trying to sell his book) it is a federal crime to possess a firearm within those boundaries....he didn't mention drugs
  • spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    Um, sorry, but driving by a gun-free zone is not a crime. Driving through a gun-free zone is not a crime. Driving through a gun-free city is not a crime.

    So long as you are legally starting at Point A and will legally stop in Point B, and your trip takes you through someplace where it is illegal yet you have no intention of that area being a scheduled stop, you cannot be legally charged with a crime.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    quote:Originally posted by spanielsells
    Um, sorry, but driving by a gun-free zone is not a crime. Driving through a gun-free zone is not a crime. Driving through a gun-free city is not a crime.

    So long as you are legally starting at Point A and will legally stop in Point B, and your trip takes you through someplace where it is illegal yet you have no intention of that area being a scheduled stop, you cannot be legally charged with a crime.


    The N.J. State Police must not know this because even if you are passing through with your unloaded handgun in the trunk, if found you will be arrested. I have been told this by people who live in N.J.
  • willdallas2006willdallas2006 Member Posts: 285 ✭✭✭
    edited November -1
    quote:Originally posted by chollagardens
    jimkane said...."I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?"

    I hope not. Lassen Community College at Susanville California has a gunsmithing school.


    My college is a "gun free" zone, but it has a rule that would make exceptions for school related activities. I would imagine most schools have similar policies.
  • CaptplaidCaptplaid Member Posts: 20,298 ✭✭✭
    edited November -1
    I thought this was a bunch of B.S. but I saw a story on Fox News about it. Turns out it is true, or atleast FOX claims it is true.

    I began to think about how many schools I directly drove by when I bought my last rifle in Peoria. (2 hour trip) How many more schools did I come within 1/4 mile or 1000 feet and I didn't know about it. I would imagine every small town I drove through had atleast one grade school. It is impossibe for most any hunter to not violate this law.

    The Fox story said while it is legal to own a firearm and keep it at your residence, it is illegal to to transport it to and from your residency.
  • NwcidNwcid Member Posts: 10,674
    edited November -1
    I am sure that it is 100% true. Just like it is true here in WA state. I am on dial up so I cant look up the RCW, but it basicaly says it is illegal to have a firearm on school grounds. So based on that it is 100% true that it is illegal to have a gun there. Based on that statement it is illegal for anyone for any reason to have one on school grounds, how do cops go there and not get in trouble? There are EXEMPTIONS to the law, one of them being for LEO on duty. Another of the other exemptions is for ANYONE that has business at the school, you still cant carry, but it is LEGAL to have hidden from view in your vehicle. To find out if the Federal law is true you need to look it up and see what the EXEMPTIONS are, if any.
  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    IIRC, see U.S. v. Lopez.
  • spanielsellsspanielsells Member Posts: 12,498
    edited November -1
    As far as Colorado goes, see Denver v. Colorado. The CO Supreme Court overturned Denver's attempt to outlaw non-Denver residents from possessing weapons in vehicles when they were originating from a non-Denver location and the destination was a non-Denver location.

    Supreme Court cited that Denver placed an undue burden upon citizens outside of its jurisdiction who would be unfamiliar with the law and who could not be reasonably expected to drive around Denver in order to get from Point A to Point B.
  • rediceredice Member Posts: 1,550 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by jimkane
    I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?


    its only k-12 from my reading and I bring guns into school on a daily basis, In Minnesota course it is a gunsmithing course lol. But its a state run College
  • lazeruslazerus Member Posts: 1,950 ✭✭✭✭✭
    edited November -1
    In all my classes at my College I have a loaded rifle and a shotgun within reach at all times. Really.
  • Horse Plains DrifterHorse Plains Drifter Forums Admins, Member, Moderator Posts: 40,225 ***** Forums Admin
    edited November -1
    My neighbor's pasture abuts the school's football field. Been thinking of setting up a range there.
  • nemesisenforcernemesisenforcer Member Posts: 10,513 ✭✭✭
    edited November -1
    If it was overturned once, it'll be overturned again, esp. with Roberts and Alito on the court.
  • Fep1990Fep1990 Member Posts: 632 ✭✭✭✭
    edited November -1
    In Washington, you may if you have a valid ccw, you may carry on school grounds while picking up or dropping of your child. According to RCW 9.41.280 . Subsection 3 of the RCW states the exemptionsfor schools. I have asked several WSP officers about this and was informed that you may possess in your house/property if you live near the school. You may have one locked in your car/truck, and may carry concealed (with CCW) if picking up and dropping your child
  • scottm21166scottm21166 Member Posts: 20,723
    edited November -1
    quote:Originally posted by Fep1990
    In Washington, you may if you have a valid ccw, you may carry on school grounds while picking up or dropping of your child. According to RCW 9.41.280 . Subsection 3 of the RCW states the exemptionsfor schools. I have asked several WSP officers about this and was informed that you may possess in your house/property if you live near the school. You may have one locked in your car/truck, and may carry concealed (with CCW) if picking up and dropping your child

    you're quoting washington law using washington RCW...this is a FEDERAL LAW...staters will not arrest you for this niether will sherrif or local PD just like they won't arrest an illegal alien...not their jurisdiction
  • kimberkidkimberkid Member Posts: 8,858 ✭✭✭
    edited November -1
    quote:Originally posted by nunn
    "Gun free" does not mean you can't carry guns within that zone. It means that certain crimes can be enhanced if committed while armed within that zone. "Drug free" means the same thing.
    Sounds like something I need to check into ... I heard about a month or so ago the school district bought a tract of land across the street from me for an Elementary School.
    If you really desire something, you'll find a way ?
    ? otherwise, you'll find an excuse.
  • agman1999agman1999 Member Posts: 981 ✭✭✭✭
    edited November -1
    It was overturned once, and then the law was rewritten with very minor changes. It hasn't been challenged since it was rewritten. Main purpose seems to have been trumping up charges on drug dealers caught at or near schools. Much like the Sullivan laws in New York, the intention was different than the stated purpose, and will eventually destroy our rights to an even further degree if not removed.
  • yawarakaiyawarakai Member Posts: 2,688 ✭✭✭✭✭
    edited November -1
    I know my FFL lives next door to a school.
  • n/an/a Member Posts: 168,427
    edited November -1
    My gunshop is within 1000 feet of a school (900+') and per the ATF's instruction, we must tell our customers that the instant they leave our property, their firearms must be unloaded and locked up...I even have a little brochure that the ATF provided us with to give our customers. They are fine as long as they are on our property, as it is private property, but once they leave the property Federal Law applies. In Idaho you can carry inside schools as long there is not an official school function going on with children present. Our church presently meets in a school and I know people who carry and have checked into the laws here.
  • HandLoadHandLoad Member Posts: 15,998
    edited November -1
    A Noted Gunlaws Expert, published many times, Alan Korwin, has info on exactly this issue: Turns out the 1000 ft restriction is a Federal Law, Is a Felony, and is not per day or per trip, it is PER SCHOOL - thus, if you pass within 1000 feet of twelve schools on your way to get a milkshake, you will have accrued twelve felonies.

    It is not enforced, but is used if you have committed any other crimes, and they want to throw the book at you.

    You can find the straight skinny on this at www.Gunlaws.com and use the blue "Gun-Free Schoolzones" button.

    One of the neat things this does is promote CCW application - if you have a CCW, you are let off this requirement. No CCW, and you have to pay attention as the previous post ^ shows.

    You cannot plot any trip from A to B in most cities without running afoul of the law.
  • hisbigbootygirlhisbigbootygirl Member Posts: 1,856 ✭✭✭✭✭
    edited November -1
    i was gonna say, i just took the CHL class and we learned that it is not a violation to keep your weapon in your car when going into a school... this is only if you have the license to carry in the first place.
  • cce1302cce1302 Member Posts: 9,555 ✭✭✭
    edited November -1
    quote:Originally posted by willdallas2006
    quote:Originally posted by chollagardens
    jimkane said...."I have had my hunting rifles in the trunk of my car at the community college I go to, I was going hunting after I got out of class, does that criminal friendly zone apply to public colleges as well?"

    I hope not. Lassen Community College at Susanville California has a gunsmithing school.


    My college is a "gun free" zone, but it has a rule that would make exceptions for school related activities. I would imagine most schools have similar policies.


    Does "attending class while armed" count as a school related activity?
  • mcasomcaso Member Posts: 1,119 ✭✭✭✭✭
    edited November -1
    and all this time I thought gun free zone was the place one went for free guns.[V]
  • KodiakkKodiakk Member Posts: 5,582
    edited November -1
    When I got my CCW here in Texas the instructor (also a sheriff) said I couldn't carry the gun in the school, but it was ok if I left it in the car. Hope he's right. [;)]
  • Underdog2264Underdog2264 Member Posts: 164 ✭✭✭
    edited November -1
    I wonder if my son's school knows that? They have a skeet shooting team.
Sign In or Register to comment.