Quote:
Originally Posted by tl_3237
I seem to remember that there was an earlier thread touching on the issue of the 18 USC 922(q) Gun Free School Zone Act and the exemption for licensed individuals at §922(q)(2)(B)(ii):
The issue was whether a license issued by state A and reciprocally recognized by state B would qualify for the above GFSZA exemption while in a school zone in state B.
The original conclusion was that the exemption applied and the rationale went something like this -- the chief LEO (Attorney General) of state B, by entering into the reciprocity agreement, effectively issued a state B blanket license to state A licensees. Furthermore, by entering into the reciprocity agreement state B has adopted state A’s individual qualification procedure as a viable adjunct to state B’s qualification procedures. Thus the verification and licensing requirements of the exemption were satisfied.
On a separate thread, BCI Instructor ( http://www.pafoa.org/forum/concealed...s-pa-ltcf.html post #6) has provided a reference to a 2002 ATF letter ( http://www.handgunlaw.us/documents/batf_school_zone.pdf) which states
If the ATF letter is correct it would seem to eviscerate carrying in reciprocal states, especially when traveling through urban areas as it would be almost impossible to know, much less avoid, being at some time within 1000 feet (approx 2 blocks) of a school.
Re-phrased as a practical question, if I have a Pa LTCF and no WV license, can I carry in a school zone in WV without violating the GFSZA?
Help me understand this  |
I think the ATF is out of it's over extended authority mind. As you state, it would be practically impossible to travel anywhere without entering a school zone. The law states you must be licensed by the state... not that the license must be issued by the state. Reciprocity is a legal agreement between two states saying that if a person is licensed in one state, then they are also licensed in the other state. That is how it works with every single other type of license in states that have reciprocity with each other for specific licenses. IANAL, but there is no practical way to enforce that law any other way.
Quote:
Originally Posted by idpasharpshooter
i don't meant to hijack your thread but this is news to me. my question is does this law allow someone with a ltcf to carry in a school or just in a school zone.
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The federal law allows people who are licensed by the state the school is in, to carry in a school zone, which includes the school. State laws vary though, as seen in Pa. For further discussion on carry in Pa. schools search "school carry".