So, you think that your legal in your state with Permit less Carry?

[John from MD]

If you don't enter a school zone, there's a risk that you'll miss the day where they teach the difference between "your" and "you're." It's usually the day before they tackle "they're," "there," and "their." But those of us that went the Baron von Grammarnazi School For Easily Annoyed Yutes got it hammered in properly, early on.

 

[lazarus]

Am I completely hallucinating FOPA's coverage for transport past a school? No, not open or concealed, but in official FOPA mode, with "possession" not an issue as you travel - perhaps unwittingly - within 1000 feet of a school?

GFSZ allows you to have a firearm within 1000ft of a school, but the exceptions are limited.

(q)(1)(A) It shall be unlawful for any individual knowingly to possess a
firearm at a place that the individual knows, or has reasonable cause to
believe, is a school zone.
`(B) Subparagraph (A) shall not apply to the possession of a firearm--
`(i) on private property not part of school grounds;
`(ii) if the individual possessing the firearm is licensed to do so by
the State in which the school zone is located or a political subdivision
of the State, and the law of the State or political subdivision requires
that, before an individual obtain such a license, the law enforcement
authorities of the State or political subdivision verify that the individual
is qualified under law to receive the license;
`(iii) which is--
`(I) not loaded; and
`(II) in a locked container, or a locked firearms rack which is in a
motor vehicle;
`(iv) by an individual for use in a program approved by a school in the
school zone;
`(v) by an individual in accordance with a contract entered into between
a school in the school zone and the individual or an employer of the
individual;
`(vi) by a law enforcement officer acting in his or her official capacity; or
`(vii) that is unloaded and is possessed by an individual while traversing
school premises for the purpose of gaining access to public or private
lands open to hunting, if the entry on school premises is authorized by
school authorities.

Short summary. Have a firearm license (it doesn't say license to carry, it is just a firearm license for possession. If you are on private property you are okay. But public roads, public sidewalks, etc. are going to be out of bounds within 1000ft. Or it needs to be unloaded and in a locked container or firearm rack in a motor vehicle. Approved by a school program. Law enforcement officer acting within the scope of their job (so LEOs who do not have a permit, a Concarry state off duty could get gigged by this unless the LEA/state grants permits to their officers). Or if traversing school grounds for hunting if you are authorized to and the gun is unloaded.

 

[DaemonAssassin]

GFSZ allows you to have a firearm within 1000ft of a school, but the exceptions are limited.

(q)(1)(A) It shall be unlawful for any individual knowingly to possess a
firearm at a place that the individual knows, or has reasonable cause to
believe, is a school zone.
`(B) Subparagraph (A) shall not apply to the possession of a firearm--
`(i) on private property not part of school grounds;
`(ii) if the individual possessing the firearm is licensed to do so by
the State in which the school zone is located or a political subdivision
of the State, and the law of the State or political subdivision requires
that, before an individual obtain such a license, the law enforcement
authorities of the State or political subdivision verify that the individual
is qualified under law to receive the license;
`(iii) which is--
`(I) not loaded; and
`(II) in a locked container, or a locked firearms rack which is in a
motor vehicle;
`(iv) by an individual for use in a program approved by a school in the
school zone;
`(v) by an individual in accordance with a contract entered into between
a school in the school zone and the individual or an employer of the
individual;
`(vi) by a law enforcement officer acting in his or her official capacity; or
`(vii) that is unloaded and is possessed by an individual while traversing
school premises for the purpose of gaining access to public or private
lands open to hunting, if the entry on school premises is authorized by
school authorities.

Short summary. Have a firearm license (it doesn't say license to carry, it is just a firearm license for possession. If you are on private property you are okay. But public roads, public sidewalks, etc. are going to be out of bounds within 1000ft. Or it needs to be unloaded and in a locked container or firearm rack in a motor vehicle. Approved by a school program. Law enforcement officer acting within the scope of their job (so LEOs who do not have a permit, a Concarry state off duty could get gigged by this unless the LEA/state grants permits to their officers). Or if traversing school grounds for hunting if you are authorized to and the gun is unloaded.

A public roadway is not included in the GFSZ, due tot he requirement that it will infringe on your right to free travel. I personally know of areas that I have been in that I thought were part of the GFSZ and when pulled over in tha zone, I was asked if there were firearms int eh vehicle and was told to leave them be if they were inside the passenger compartment of the vehicle. I was not charged under the GFSZ law, I just received a warning for speeding (I was doing 5 over the posted outside of school hours) and was sent on my way. This has happened in WV and in MD. LE does not see firearms on a public road that transits through a school zone as a offense to be enforced, unless there is a major reason to enforce it., like narcotics in the vehicle.

ConCarry states by virtue of the law are granting a license to carry a firearm, without the requirement to get a piece of plastic.

 

[swinokur]

.

 

[swinokur]

A local LE officer cannot charge you with a violation of the GFSZA.It’s a Federal charge, not local

It is usually an add on charge

 

[Lafayette]

Has anyone ever been prosecuted under this act?



By the way, the misuse of the Commerce Clause as an "elastic clause" to justify unlimited Federal power is a particular peeve of mine. If I were dictator, I would nullify every single example.

Wickard v. Filburn was a travesty of justice. In my opinion, the single worst SCOTUS decision, as it expanded the federal regulatory power in a way never imagined by the framers.

 

[swinokur]

A drug dealer in Baltimore was and he was found guilty

 

[rambling_one]

Lawyers can't agree. Courts can't agree. Yet, the average Joe is supposed to adhere to the "law," not knowing what it is. Quite a conumdrum!

 

[Threeband]

... the misuse of the Commerce Clause as an "elastic clause" to justify unlimited Federal power is a particular peeve of mine. If I were dictator, I would nullify every single example.

Wickard v. Filburn was a travesty of justice. In my opinion, the single worst SCOTUS decision, as it expanded the federal regulatory power in a way never imagined by the framers.

Yes. The specific case was wickedly decided, but worse yet, has been applied without limit or restraint to allow the federal government to Illegitimately seize dictatorial power.