Driving past a school on way to range

Anyone know what's the law on driving past a school on way to the range?
If you've got your firearms properly stowed in your vehicle, can you be within a stone's throw of a school as you drive by?
What would happen if you were driving past a school and you were pulled over for some BS. The LEO determines you have firearms in the vehicle. Are you suddenly looking at unlawful possession of a firearm within XXX feet from a school?

Statute says "on public school property"...

§ 4-203. Wearing, carrying, or transporting handgun.

(a) Prohibited.-

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions.- This section does not prohibit:

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

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(b) Exceptions.- This section does not prohibit:

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

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This would seem to say it's ok.

That looks pretty definitive. Thanks much.

Ah but look at Criminal Law § 4-102.

Deadly weapons on school property.
(a) Exceptions.- This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b) Prohibited.- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

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not so definitive IMO.

Subjective catch22

CharlieFoxtrot said:

Ah but look at Criminal Law § 4-102.

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Deadly weapons on school property.
(a) Exceptions.- This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b) Prohibited.- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

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I think the operative phrase there is ON SCHOOL PROPERTY. Just don't pull into the school's parking lot when you get pulled over and you're fine.

Deadly weapons on school property.
(a) Exceptions.- This section does not apply to:
(1) a law enforcement officer in the regular course of the officer's duty;
(2) a person hired by a county board of education specifically for the purpose of guarding public school property;
(3) a person engaged in organized shooting activity for educational purposes; or
(4) a person who, with a written invitation from the school principal, displays or engages in a historical demonstration using a weapon or a replica of a weapon for educational purposes.
(b) Prohibited.- A person may not carry or possess a firearm, knife, or deadly weapon of any kind on public school property.
(c) Penalty.-
(1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) A person who is convicted of carrying or possessing a handgun in violation of this section shall be sentenced under Subtitle 2 of this title.

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What about on private school property?

Going into the School parking lot is NOT on the way to the range. If you stay on public highways you will not violate any laws.

BUT suppose that the LEO pulls you over and forces you to turn into the school parking lot because there's no shoulder. Now we're talkin'!

I don't think for a moment that it would hold up in court even in MD, but I could see a DA charging you anyway to score political points.

Well, this is Maryland.

CMOS said:

Anyone know what's the law on driving past a school on way to the range?
If you've got your firearms properly stowed in your vehicle, can you be within a stone's throw of a school as you drive by?
What would happen if you were driving past a school and you were pulled over for some BS. The LEO determines you have firearms in the vehicle. Are you suddenly looking at unlawful possession of a firearm within XXX feet from a school?

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Not being a MD lawyer, here is my take. There are three laws on transporting that may apply:

1) MD law on transport
- the "handgun transport" law may apply, but it doesn't single out school zones for it's application

2) Local transport laws
- MD's preemption law allows localities to regulate firearms possession within 100 yards of schools.
- Some localities like MoCO quickly stepped in to regulate that so-called "safety zone" that surrounds "places of public assembly."
- one example: MoCo Code 57-11

(a) A person must not sell, transfer, possess, or transport a handgun, rifle, or shotgun, or ammunition for these firearms, in or within 100 yards of a place of public assembly.

(b) This section does not:
(...)(3) apply to the possession of a firearm or ammunition in the person’s own home;
(...)(6) apply to separate ammunition or an unloaded firearm:
(A) transported in an enclosed case or in a locked firearms rack on a motor vehicle

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- "place of public assembly" as defined in the MoCo Code

Place of public assembly: A "place of public assembly" is a government owned park identified by the Maryland-National Capital Park and Planning Commission; place of worship; elementary or secondary school; public library; government-owned or -operated recreational facility; or multipurpose exhibition facility, such as a fairgrounds or conference center. A place of public assembly includes all property associated with the place, such as a parking lot or grounds of a building.

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- Takoma Park has a transport law very similar to the MoCO one, but expands the "places of public assembly" definition to include private property generally open to the public, including parking lots Tripwire claimed that the TP City Attorney told the city council that the definition included public sidewalks.
http://www.codepublishing.com/MD/TakomaPark/ (Chapter 14.16 GUN REGULATION)

“Place of public assembly” means:

1. A place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but is not limited to a place devoted solely to the uses of the public.

2. A place of public assembly includes, but is not limited to:

a. A public park or other public grounds;

b. A place of worship;

c. A school;

d. A public building, including its grounds and curtilage;

e. The front or immediate area or parking lot of any store, shop, restaurant, tavern, shopping center, or other place of business; and

f. A public parking lot.

3. A place of public assembly includes all property associated with the place and located within 100 yards of the place.

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- another example (Village of Friendship Heights, near Chevy Chase) that bans all handguns within the safety zone under your scenario
http://www.friendshipheightsmd.gov/PDFs/RevisedRegulations.pdf

11. Handguns
(a) A person must not purchase, sell, transfer, possess or transport a handgun as defined in Article 27, Section 36F and referred to in Article 27, Section 36H(a), of the Annotated Code of Maryland, or any ammunition for or component of a handgun on or within 100 yards of parks, churches, schools, public buildings and other places of public assembly.

(b) This regulation does not apply to a person who possesses or transports a handgun, the ammunition for a handgun or the components of a handgun if:

1. The person is a: (i) law-enforcement personnel of the United States, or of the State of Maryland, or of any County or City of the State of Maryland, or of the Friendship Heights Village Council, (ii) member of the armed forces of the United States or the National Guard while on duty or traveling to or from duty; or (iii) law enforcement personnel of some other state or political subdivision of the state temporarily in the State of Maryland on official business; or (iv) jailer, prison guard, warden, or guard or keeper in any penal, correctional or detention institution in the State of Maryland; or (v) sheriff and temporary or full-time sheriff’s deputy when on active assignment engaged in law enforcement, traveling to or from such assignment.

2. The person holds a valid permit to carry a handgun under Maryland law.

(c) A person who violates this regulation is guilty of a misdemeanor and may be punished upon conviction by a fine not exceeding $500.

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3) Federal "gun free school zones act" (18 USC 922(q))
http://www.law.cornell.edu/uscode/18/922(q).html
- says all guns are banned within 1000 feet of a school, unless you have a "permit," or they are unloaded and in a locked container, or you are law enforcement, or a few other exceptions not that relevant to your question
- this law was struck down by the USSC in the 1990's as not being a valid exercise of Congress' powers under the Commerce Clause.
- Congress reenacted it immediately, this time with some cover language about how it "found" that "guns at school = decline in educational quality = economic impact."
- BATF says it enforces this law, but there have been no attempts at bringing any prosecutions after the USSC disaster for the feds in the 1990's.

As for the question about pulling into the lot at the direction of the police, I refer you to that thread about police instructions that entrap you into doing something illegal. While a traffic stop is different from an officer asking you something from his car while you are sitting on your porch, in that the traffic stop is a 4th Amendment "seizure" that raises more questions about the nature of the police instructions, if you have the chance to keep going to property NOT on school grounds, I would that that is the better choice.

I believe the Federal GFSZ act requires the weapon to be in a locked container if you are within 1000 feet of a school, unless you have a CCW. transporting under MD 4-203 would seem to put you in violation but I know of no known prosecution for this. The other thing is the GFSZ act cannot be enforced by a local LEO, as it's a Federal law. I think complying with 4-203 would be sufficient,

when I lived in harford co. my townhouse property backed up to school property. half the property between the road to the rear of the house and my fence line was own by the school board. I would load the truck for range trips and ammo runs from this road all the time. I even had people picking up ammo from me park on this road. With all this said that put my house within 50 ft of school property and I never had a problem from the school or the police. a little discretion goes a very looong way here.

so true. Private property is exempt from the GFSZA. But obviously public roads are not.

Discretion always is good.

Wouldn't the public street NOT be considered "school property?"

QuebecoisWolf said:

BUT suppose that the LEO pulls you over and forces you to turn into the school parking lot because there's no shoulder. Now we're talkin'!

I don't think for a moment that it would hold up in court even in MD, but I could see a DA charging you anyway to score political points.

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I wouldn't pull into the lot. I'd pull as far side of the road as possible. "I didnt notice you back there until i was already past the drive way" It's up to the LEO to initiate a stop where it is safe to do so.

Llyrin said:

Wouldn't the public street NOT be considered "school property?"

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The GFSZA stipulates 1000 from the school, unless private property. Within that distance not whether it's school property. MD law isn't the problem, it's the Federal law IMO.

As I said I don't know any prosecutions for this alone. It's usually used by prosecuting attorneys as an add on charge when they are prosecuting other weapons crimes.

QuebecoisWolf said:

BUT suppose that the LEO pulls you over and forces you to turn into the school parking lot because there's no shoulder. Now we're talkin'!

I don't think for a moment that it would hold up in court even in MD, but I could see a DA charging you anyway to score political points.

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You would not have voluntarily committed the crime. No court would uphold that.

GFSZA

The Gun-Free School Zone Act of 1990 was declared an unconstitutional use of the Commerce Clause by the Supreme Court in 1995.

See United States v. Alfonso Lopez, Jr.
Also United States v. Morrison (2000)

Since then most States have enacted their own statutes and these have been universally upheld.