Gun-Free School Zone (Federal Law)

[westphoenix]

Gun-Free School Zone (Federal Law)

I was looking through my "Arizona Gun Owner's Guide" by Alan Korwin.
Great book, I recommend Alan Korwin Gun Owner's Guide books.
Anyway I ran across the following (see images):

Is it illegal for someone without a CCW to drive by a school with an unlocked loaded firearm on his person or in his vehicle?
Is it illegal for someone without a CCW to walk by a school with an unlocked loaded firearm on his person?
I don't have a CCW and drive within 1,000 feet of a school daily.
I was once stopped next to a school. Had my pistol on the seat next to me.
After I informed the police officer of my firearm he glanced at it and said ok, that was that.

Federal Law:


Federal Law Exceptions:


State Law (on school grounds):

[westphoenix]

[Al Norris]

The Courts decision in United States v. Lopez (1995), which struck down the Gun-Free School Zone Act because education is not related to interstate commerce.

How old of a book are you looking at?

[westphoenix]

Antipitas: thank you for the reply.

The Arizona Gun Owner's Guide
Copyright 1999 Alan Korwin

So there is no Gun Free Zone anymore?
Each state sets the laws about guns on school grounds?
So as stated in this book if I need to go to a school with my pistol its OK as long as it is unload and in a vehicle under adult control.
If I leave that vehicle I must lock the vehicle and the firearm cannot be within site.
Sounds pretty fair to me. I rarely need to go to a school, but it has happened. I followed this not even knowing what the law was. I thought just having the gun on school grounds was illegal. I figured if I unload it, separate the ammo from the gun, hide both and lock the vehicle everything should be safe.

I didn't understand how this gun free zone made any sense. If you lived across the street from a school you could never carry a gun without a CCW. Right when you left your property you would be in violation of the gun free zone. In my opinion the gun free zone law is ridiculous.

The drug free zone still stands I assume. If found with drugs within 1,000 feet of school grounds they can add another charge for that. Which they should, drugs are bad, mmmmm'K (from the South Park character).

[Hkmp5sd]

Each state sets the laws about guns on school grounds?

Yep.

[publius42]

So there is no Gun Free Zone anymore?
Each state sets the laws about guns on school grounds?

It's almost anarchy!

[mvpel]

There was an amendment to the law passed in the wake of the Lopez decision laying out a rationale for an interstate commerce nexus for the ban, so nobody really knows at this point if the restriction is or isn't enforceable.

[Hugh Damright]

The SCOTUS struck down the federal gun free school zone as being beyond the powers of federal government. Clinton asked Reno how to circumvent the ruling, and Reno said to rewrite it to apply only to guns that had traveled in or impact interstate commerce. And I think they also changed it from 100 feet to 1000 feet, making the area a hundred times bigger than what the SCOTUS has struck down.

Here's an excerpt from http://thomas.loc.gov/cgi-bin/query/...j104GROSS.html



`(q)(1) The Congress finds and declares that--

...

`(D) in fact, even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce;

`(E) while criminals freely move from State to State, ordinary citizens and foreign visitors may fear to travel to or through certain parts of the country due to concern about violent crime and gun violence, and parents may decline to send their children to school for the same reason;

`(F) the occurrence of violent crime in school zones has resulted in a decline in the quality of education in our country;

`(G) this decline in the quality of education has an adverse impact on interstate commerce and the foreign commerce of the United States;

...

`(I) Congress has power, under the interstate commerce clause and other provisions of the Constitution, to enact measures to ensure the integrity and safety of the Nation's schools by enactment of this subsection.

`(2)(A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

[kkb]

Does this mean that if a new school is built/opened within 1000 feet of my home I have move (or else be in violation of the law)?

My state law say ya can't bring a weapon onto school property, nothing about proximity to the property, so I never worried about it.

[Eghad]

your house is private property not part of the school grounds.

In Texas the word premises is used which does not include the parking lot nor raos if you are a CCW hoder. Premises means the actual bulding.

[westphoenix]

The gun free school zone law doesn't apply to private property.
But as soon as he drives out of his driveway or walks onto the sidewalk he is in a gun free school zone and is breaking the law?
Thats the way I read it, sounds like a bunch of BS.

So currently the gun free school zone is a law that can be enforced?

[Eghad]

I beleive that if he is on a PUBLIC road he is ok that is also not part of the school grounds.

[Derius_T]

OHIO law for school zones reads as follows:

School safety zones. Concealed handgun license holders must be especially cautious when entering school safety zones. A school safety zone consists of a school, school building, school premises, school activity and school bus. For the purposes of this statute, a school includes everything up to the property boundary. Under the law, an offense is within the vicinity of a school if it is committed within the property boundary or within 1,000 feet of the boundaries of any school premises. The law generally forbids the carrying of a handgun in a school safety zone unless all of the following apply:

● You do not enter a school building, premises or activity;
● You have a valid concealed carry license;
● You are not otherwise in one of the forbidden places listed above and detailed in R.C. 2923.126(B);
● You are acting in accordance with federal law regarding transport of firearms in school zones.

The federal law, 18 United States Code Section 922(q)(2)(B), provides in summary that the prohibition against firearms in a school safety zone does not apply:

● to private property not part of school grounds;
● if the individual possessing the firearm is licensed to do so by the state in which the school zone is located, and the law of the state requires that, before an individual obtains such a license, law enforcement authorities of the state verify that the individual is qualified under law to receive the license;
● if the handgun is not loaded and in a locked container, or a locked firearms rack that is on a motor vehicle;
● to an individual for use in a program approved by a school in the school zone;
● to 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;
● to a law enforcement officer acting in his or her official capacity;
● if the handgun is unloaded and 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.

[westphoenix]

Originally Posted by eghad

I beleive that if he is on a PUBLIC road he is ok that is also not part of the school grounds.

You care correct. A public road is not part of school GROUNDS.
But it is in the school ZONE (1,000 feet around school property line).

I'm 25 and remember seeing "gun-free school zone" signs around the school perimeter fence.
They are no longer there, just "drug-free school zone" and "no weapons" signs.

[publius42]

There was an amendment to the law passed in the wake of the Lopez decision laying out a rationale for an interstate commerce nexus for the ban, so nobody really knows at this point if the restriction is or isn't enforceable.

If that law is again challenged on commerce clause grounds, the challenge will not go well the next time. The law was rewritten to cover guns which have traveled in interstate commerce.

The recent Stewart decision makes clear that it doesn't matter whether the gun has ever been sold, the mere potential marketability in interstate commerce is enough.

[westphoenix]

Originally Posted by publius42

The law was rewritten to cover guns which have traveled in interstate commerce.

What exactly do they mean by "traveled in interstate commerce"?
Hasn't almost every gun traveled in interstate commerce?

[publius42]

Yes, almost all have, but not Mr. Stewart's machine guns. He designed and manufactured them, machining some parts himself.

They decided it doesn't matter. If something could be sold in interstate commerce, then the mere existence of that thing affects interstate commerce. See Raich.