Can You Drive Through a School Zone With a Gun?

[eliduc]

What is the Federal Gun Free School Zones Act?

Title 18 U.S.C. §922(q)

The answer is yes under certain conditions. 1. If you possess a concealed carry license issued by the state that you are in. 2. If you do not have a CCL and the gun is unloaded and in a locked container. (Don't submit to a search.)

The gun free school zone extends 1000 feet from the school property and includes roads, highways, right of ways and other public areas.

A woman was successfully prosecuted for keeping a gun in her apartment because the apartment was public housing within 1000 feet of a school. The mandatory sentence is 5 years in prison.

If you discharge a gun in a gun free school zone in self defense the law is ambiguous. A letter by the ATF to the Oklahoma 2nd Amendment Organization <broken link removed> states it is up to the Federal Attorney. This means that if you shoot a person that is shooting students in a school zone you could be prosecuted by the Obama Justice Department and receive a mandatory 5 year prison sentence. (In many state and local jurisdictions there is a mandatory prison sentence for discharging a fire arm within city limits even if the discharge is accidental.)

 

[aikikenjitsu]

In Washington you can have a gun in your car (provided you have a chl, of course) but you have to leave it there if you go inside the school- to pick up your kid, etc... Unless the cop pulling you over doesn't know the law regarding car carry you will be fine driving through a school zone w your firearm. See exceptions e f g down below- these should have you covered.

RCW 9.41.280
Possessing dangerous weapons on school facilities—Penalty—Exceptions. (Effective until April 1, 2016.)

(1) It is unlawful for a person to carry onto, or to possess on, public or private elementary or secondary school premises, school-provided transportation, or areas of facilities while being used exclusively by public or private schools:
(a) Any firearm.....

3) Subsection (1) of this section does not apply to:
(a) Any student or employee of a private military academy when on the property of the academy;
(b) Any person engaged in military, law enforcement, or school district security activities. However, a person who is not a commissioned law enforcement officer and who provides school security services under the direction of a school administrator may not possess a device listed in subsection (1)(f) of this section unless he or she has successfully completed training in the use of such devices that is equivalent to the training received by commissioned law enforcement officers;
(c) Any person who is involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the firearms of collectors or instructors are handled or displayed;
(d) Any person while the person is participating in a firearms or air gun competition approved by the school or school district;
(e) Any person in possession of a pistol who has been issued a license under RCW 9.41.070, or is exempt from the licensing requirement by RCW 9.41.060, while picking up or dropping off a student;
(f) Any nonstudent at least eighteen years of age legally in possession of a firearm or dangerous weapon that is secured within an attended vehicle or concealed from view within a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at least eighteen years of age who is in lawful possession of an unloaded firearm, secured in a vehicle while conducting legitimate business at the school; ....

Why protect kids? Schools are just gun free zones where "mental, killers or terrorists," can go on the ground with no problem and start shooting and killing little kids. Aren't gun laws wonderful?

 

[mkwerx]

How has the stupid 1000' ban not been stricken down by the courts? This Clinton era tripe needs to GTF away.

 

[Koda]

How has the stupid 1000' ban not been stricken down by the courts? This Clinton era tripe needs to GTF away.

actually it was the HW Bush administration that signed this into law.

 

[mkwerx]

actually it was the HW Bush administration that signed this into law.

Even worse. Bush & Clinton families are too cozy. I kinda liked Junior. He wasn't the best president, and some evil crap got rammed through in his admin. I think he also had his strings being pulled by Palpatine, er, Cheney & Co.

Either way - the "no guns within 1000 feet of a school" is utter garbage and needs to go.

 

[Ura-Ki]

Don't ask, Don't tell. Do not submit to, do not give reason, and do not answer! these are your rights, exercise them all!

 

[teflon6string]

I find that anything mounted on the hood, especially belt-fed, usually gets me pulled over even when I'm not speeding.

 

[billdeserthills]

Federal Judge rejects challenge to gun free school zone law

Based on loose reasoning, a federal judge rejects a challenge to the Gun-Free School Zones Act

The decision likens the federal law to Reconstruction era restrictions on firearms near polling places.

reason.com

 

[DunRanull]

And to think that I used to give firearms history/awareness presentations in schools here in Colorado. Carried openly.. That was before criminal/crazies started shooting up schools. Probably be shot or sent to jail nowadays. How the world has changed since my birth on this planet....

 

[solv3nt]