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School in backyard...CCW question.
goldeneagle76
Member Posts: 4,359
I just moved into a new house two days ago and about 200-300 feet behind me on the corner is a small private school/daycare. Am I currently in violation of the law whenever I leave and arrive at my home carrying my gun? How about when walking around in my home? I think we have a 100 yard rule around schools in my state.
NRA Life Member
DE & PA CCW Permit Holder
All around gun lover...
NRA Life Member
DE & PA CCW Permit Holder
All around gun lover...
Comments
Defender
Private investigator licensed in AZ & CA that specializes in self
defense cases.
Check out my blog: http://crimefilenews.blogspot.com/
Defender
Private investigator licensed in AZ & CA that specializes in self
defense cases.
Check out my blog: http://crimefilenews.blogspot.com/
I do know that, even here, there is some confusion about the "Drug Free, Gun Free Zone" signs around schools and parks. The law allows for enhancement of certain offenses occurring within those zones, but the law specifically does not apply to statutes concerning the carrying of weapons.
For example: A person violates Section 46.02 Unlawfully Carrying a Weapon, near a school. There is no enhancement. It is still a Class A Misdemeanor.
Say that person pointed his gun at another human without cause, in that same zone. This is not a weapon issue, but an assault issue now. Then the charge of Aggravated Assault would be enhanced from a Felony 3rd Degree to a Felony 2nd Degree.
FFL Dealer/Full time Peace Officer, Moderator of General Discussion Board on Gunbroker. Visit www.gunbroker.com the best gun auction site on the Net! Email gpd035@sbcglobal.net
A fellow in a neighboring community has a deck off the back of his small ranch, and his small back yard abuts an elementary school ballfield. On warm evenings he sits on the deck to enjoy a smoke and watch the little leaguers play ball. He was given a warning once for smoking within so many feet of a school - and that was followed by a summons. He fought it and won. The judge lambasted school officials and the police force that had been goaded into taking action. A friend of mine was one of the cops that had gone on that call and, being a cigar smoker himself, was disgusted by the whole affair.
Remember when the only special consideration given to schools was the distance between them and a liquor store?
-Wolf
MOLON LABE
The Second Amendment begins when the First Amendment ends.
When the meekest of men raise their fist at you in defiance, you have lost. It is just a matter then of admitting it to yourself.
I guess I was really making two separate points.
1. The land patent is really the true legal grant of land, so despite whatever deed you have, if someone can produce a legal patent for your land then your deed is meaningless.
2. Regardless of legal land ownership, the government is setting the precedent that they can seize and redistribute your property to anyone for any reason.
-Wolf
MOLON LABE
The Second Amendment begins when the First Amendment ends.