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School in backyard...CCW question.

goldeneagle76goldeneagle76 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...

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    DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    You should simply turn all you guns over to me! That way you won't get pinched! Have your dealer send them to my dealer and you'll be safe for sure![:D][:D][:D]

    Defender
    Private investigator licensed in AZ & CA that specializes in self
    defense cases.
    Check out my blog: http://crimefilenews.blogspot.com/
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    DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    The sad truth is these school vs guns issues like yours are a mess and none have found their way to the higher courts yet. We can only hope...

    Defender
    Private investigator licensed in AZ & CA that specializes in self
    defense cases.
    Check out my blog: http://crimefilenews.blogspot.com/
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    nunnnunn Forums Admins, Member, Moderator Posts: 36,004 ******
    edited November -1
    It's not a problem in Texas, as long as you don't actually enter a building or a sports venue, but you will likely have to research the law in your state.

    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
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    morsecodemorsecode Member Posts: 1,116 ✭✭✭✭✭
    edited November -1
    Those "Everything Free" school zones are the worst liberal PC nonsense going. What they regulate on their own property is one thing, but those rules should end at their property line.

    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?
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Property rights are merely lipservice these days. If you ever get bored one evening then sit down and read your title documents. You will quickly learn how you don't really own anything. If you don't hold the original land patent for your property then it is all just a legal house of cards. Even then, the government is establishing that eminent domain can be used under essentially any circumstance.

    -Wolf

    wwsm.GIF
    MOLON LABE




    The Second Amendment begins when the First Amendment ends.
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    codenamepaulcodenamepaul Member Posts: 2,931
    edited November -1
    How would the land patent even prevent this?

    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.
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    Locust ForkLocust Fork Member Posts: 31,674 ✭✭✭✭
    edited November -1
    I wouldn't wave guns around in the air during school hours...because we all know you don't poke a hornets nest. Kids are always going to be used to pass legal issues when most times it isn't really for the kids. Like taxes, how many times have they said it is for better schools? If you do point out how your guns may be in some kind of violation they could rally around that type of thing and next thig you know....a bill could pass saying we have to walk around with locked boxes for our guns.
    LOCUST FORK CURRENT AUCTIONS: https://www.gunbroker.com/All/search?Sort=13&IncludeSellers=618902&PageSize=48 Listings added every Thursday! We do consignments, contact us at mckaygunsales@gmail.com
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    quote:How would the land patent even prevent this?

    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

    wwsm.GIF
    MOLON LABE




    The Second Amendment begins when the First Amendment ends.
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