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Is it a federal crime to have a gun on school property?
Not if you have a CHL.
That's correct. But, there was a close call earlier this year. House passed HB 2797, to "describe the term 'readily accessible' to allow concealed handgun in snowmobiles, motorcycles or all-terrain vehicle. And modified offense of operating snowmobile or all-terrain vehicle while carrying firearm or bow." But the Senate amended it to include ban on all guns at schools, even for CHL. Died in committee.Originally Posted by glock.40
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. Thomas Jefferson
Only if it affects interstate commerce: United States v. Lopez – Case Brief Summary.
Nice way to spice up a discussion, the Gun-Free School Zones Act of 1990, its Commerce clause, and the "interstate commerce aspect (pfs!) of 'public' education".
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. Thomas Jefferson
Speak of firearms laws I'd like to see repealed and a fine example of the feds using interstate commerce as a means to regulate something unrelated. This law effectively breaks concealed carry reciprocity agreements. It's difficult to travel and always be at least 1000 feet from a school.
Well, at least Ron Paul has introduced a bill to repeal it:
HR 2613
On July 21, 2011 US Representative Ron Paul introduced HR 2613. A Bill which would repeal the Federal Gun Free School Zones Act. The bill is currently in the House Judiciary Committee.
Since most firearms have moved in interstate commerce at some time it applies to virtually all firearms.
The Federal law applies to a "school zone", not just school property, that extends 1000 feet around a school.
If you start drawing 1000 foot radius circles around every public, private, and parochial school - including all those Montessori schools, etc. - in an urban or suburban area you will find it difficult to move around without entering a "school zone". Of course, the boundaries of "school zones" are not marked on the ground with paint or in any other way, you are just supposed to know at all times when you are within 1000 feet of any school.(25) The term "school zone" means -
(A) in, or on the grounds of, a public, parochial or private
school; or
(B) within a distance of 1,000 feet from the grounds of a
public, parochial or private school.
With or w/o the commerce clause, Congress has clearly overstepped their authority. Can't wait to see it repealed. On the downside, it will likely create a flurry of state level legislation that may end up being worst than the GFSZA.But that is a risk worth taking!
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. Thomas Jefferson
That would be like the moving "safe zone" that was proposed after Giffords being shot. How would you ever know if you got too close to a government official?
Well, Portland Public Schools claims that they have banned guns in all Portland Public Schools, CHL or not. Yet the Multnomah County Sheriff, on their CHL FAQ, explicitly states that this is not true, and that it is legal for CHL holders to carry in Portland schools.
So is the Multnomah County Sheriff promoting violating federal law?
No. CHL holders are exempt from federal ban. And PPS doesn't have the legal authority to ban guns, only the legislature.
The Sheriff is correct, the Federal "law" does ot effect "licensed" individuals. The first version of this bill was thrown out as uconstitutional. IMHO: If anyone ever gets charged under this bill, it will experience the same fate. That is why no-one has ever been charged under it,
Here is the pertinent text in the law:
(B) Subparagraph (A) does 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 obtains 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;
Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state. Thomas Jefferson
In Oklahoma you can have a concealed gun on your persons while dropping your child off at school, but cannot set foot outside the vehicle on school property with it. even with a ccl license.
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